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STATE OF MICHIGAN

OAKLAND COUNTY CIRCUIT COURT

CALLAHAN McFARLAND, a minor, 2017-162208-NO

by Val McFarland as Next Friend, JUDGE PHYLLIS MCMILLEN

Plaintiff,
Civil Action No: 17- -NO
v. Hon.

DEAN TRANSPORTATION, INC.,

JOHN DOE, and JANE DOE,

Defendants.
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______________________________________________________________________________

Jonathan R. Marko (P72450)

Stephen M. Lovell (P80921)
MARKO LAW, PLC
645 Griswold Street, Suite 4100
Detroit, Michigan 48226
Phone: (313) 965-5555
Fax: (313) 965-5556
jon@ernstmarkolaw.com
stephen@ernstmarkolaw.com

There is no other civil action between the parties arising out of the
same transaction or occurrence as alleged in this Complaint
pending in this court, nor has any such action been previously filed
and dismissed or transferred after having been assigned to a judge.
I do not know of any other civil action, not between these parties,
arising out of the same transaction or occurrence as alleged in this
complaint that is either pending or was previously filed and
dismissed, transferred, or otherwise disposed of after having been
assigned to a judge in this court.
______________________________________________________________________________

COMPLAINT AND DEMAND FOR JURY TRIAL

NOW COMES the above-named Plaintiff, by and through her counsel, MARKO LAW

PLC, and for her Complaint against the above-named Defendants, states as follows:

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 JURISDICTION AND VENUE

1. This is an action for money damages brought under the statutes and common law

of the State of Michigan.

2. Venue is proper in this Court as all of the events giving rise to this action occurred

in the County of Oakland, State of Michigan.

3. Plaintiff Val McFarland, and her minor, Callahan McFarland, are residents of

Commerce Township, in the County of Oakland, State of Michigan.

4. Callahan is a special needs student, who is non-verbal and autistic and who, at all

times relevant to this Complaint, was a student at Walled Lake Consolidated Schools.
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5. Defendant Dean Transportation Company (Dean Transportation) regularly

conducts school bus operations for over 80 school districts, including Walled Lake Consolidated

School District in the County of Oakland, where Callahan is a student.

6. Bus driver, Defendant John Doe, is an employee of the Dean Transportation

Company.

7. Paraprofessional, Defendant Jane Doe, is an employee of Dean Transportation

Company.

8. At all relevant times hereto, Defendants John Doe and Jane Doe were employed

by, associated with, or otherwise under the authority and control of Dean Transportation and

acting within the scope of their employment.

COMMON FACTUAL ALLEGATIONS

9. Callahan is a non-verbal 13-year-old boy suffering from autism that renders him

unable to communicate effectively.

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 10. For the past two years, Callahan has only ridden a bus with one other student,

who shall remain unnamed herein.

11. Jane Doe, a special needs bus aide, is present on the bus due to the severe

disabilities of these students, and is aware of their disabilities.

12. On September 19, 2017, Callahan was being driven home from Walnut Creek

Middle School, located in the Walled Lake Consolidated School District, by a Dean

Transportation school bus.

13. On that date, a new student, Jason, was riding on the bus with Callahan, the

unnamed student, Jane Doe, and John Doe.

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14. Jason is much larger than Callahan and is prone towards fits of violence, as he

required restraints while riding on the bus.

15. Jason is the only child on the bus who is physically restrained.

16. Callahans parents were never informed or aware that a new student had been

placed on Callahans bus.

17. Although the bus had numerous rows of empty seats, and despite Jasons known

propensity for violence, Jane Doe placed Callahan near the back of the bus, in the seat right

across the aisle from Jason.

18. Jane Doe then walked to the front of the bus, several rows in front of Callahan

and Jason, and sat next to another student whose only disability is ADD/ADHD, and who

presented no danger to other students.

19. During the ride home, Callahan was in his seat, lying down, when Jason,

unprovoked, reached over to him and gouged his face, causing visible injury.

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 20. Callahan tried to alert John Doe and Jane Doe that he was hurt and in danger in

the only way he could screaming, crying, and yelling.

21. However, instead of investigating and moving Callahan away from Jason, John

Doe and Jane Doe ignored his pleas and told him to quiet down.

22. At Jasons stop, without repositioning Callahan, Jane Doe got behind Jason and

unhooked his restraints, leaving a clear path between him and Callahan, instead of positioning

herself between Jason and Callahan.

23. Jason immediately ran towards Callahan and began bashing him on the head and

shaking him.
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24. Callahan is small for his age and suffers from a Chiari malformation, which is a

structural defect at the base of his skull and cerebellum that makes Callahan susceptible to head

injuries.

25. Jason is much larger than Callahan and is almost as tall as Jane Doe.

26. If John Doe or Jane Doe addressed the initial assault, instead of negligently

ignoring it, this second assault would have never happened.

27. Had Jane Doe not placed Callahan near a dangerous student without supervision,

neither assault would have happened.

28. Even though Callahan had clear and visible injuries, Jane Doe and John Doe

failed to contact Callahans parents, the police, emergency medical services, or the school to

notify anyone that this incident had occurred.

29. At Callahans bus stop, Callahan walked off the bus with blood running down his

face.

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 30. Instead of explaining the severe assault that had occurred, John Doe told

Callahans father, Kevin McFarland, that Callahan had been crying on the bus and hitting the

window, while Jane Doe remained silent.

31. While leaving the bus, Callahan was holding his head, still yelling and crying,

with a gash on his face.

32. Though Jane Doe and John Doe did not inform Callahans parents that he had

been assaulted, it was apparent from the severity of his visible injuries that something traumatic

occurred.

33. Since Callahan is non-verbal, he could not explain how he was injured.
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34. Due to the severity of Callahans injuries, his parents took him to urgent care.

35. Callahans parents attempted to call the school and the bus company to determine

what had happened, but no one would relay any information, so they had no information to

provide to the urgent care physicians.

36. In an attempt to cover up its culpability, Defendant Dean Transportation also

refused to release footage of the incident for over 24 hours, further preventing doctors from

providing appropriately responsive medical care.

37. Since this assault, Callahans behavior has regressed dramatically. He often holds

his head and cries, gets anxious in vehicles, and has several diagnoses, including a concussion.

38. Because Callahan is non-verbal and autistic, medical testing, treatment, diagnosis,

CT scans, etc., are very difficult and traumatic for Callahan.

39. Callahan cannot return to school because of safety concerns.

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 40. As a direct and proximate result of Defendants illegal acts and/or omissions,

Plaintiff suffered the following injuries and damages including, but not limited to:

a. Physical pain and suffering;

b. mental anguish;

c. emotional distress;

d. severe anxiety;

e. fear and humiliation;

f. cost of homeschooling and therapies;

g. medical treatment;
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h. reasonable attorney fees and costs;

i. other damages to be revealed during the course of discovery and litigation.

COUNT I:
NEGLIGENCE/ GROSS NEGLIGENCE

41. Defendants actions and/or inactions constitute negligence/gross negligence

under Michigan state law.

42. Defendants breached their duties to Plaintiff in at least one or more of the following

particulars, so far is presently known:

a. Negligence in hiring, training, retaining, and supervision;

b. Failure to protect and provide a reasonably safe environment to Plaintiff;

c. Putting Plaintiff in a dangerous situation;

d. Negligence in holding Jane Doe and John Doe out as competent and
trustworthy;

e. Others to be determined as discovery reveals.

f. Failure to exercise ordinary care in supervising Callahan and Jason as required

in the course of employment;

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 g. Failing to call the police and/or medical personnel;

h. Failing to timely render aid to Plaintiff once he was injured; and

i. Others to be determined as discovery reveals.

43. As a direct and proximate result of these Defendants negligent, gross negligent,

and/or careless conduct, Plaintiff suffered injuries as previously described.

WHEREFORE, Plaintiff requests that this Court award to the Plaintiff and against the

Defendants the following damages and/or relief:

a. Compensation for all allowable economic damages;

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b. Compensation for all allowable non-economic damages;

c. Attorney fees and costs;

d. Interest on all allowable damages;

e. Any and all additional damages allowed under Michigan law;

f. Such other and further relief as appears reasonable and just under the
circumstances of this case.

RELIEF REQUESTED

WHEREFORE, for the foregoing reasons, Plaintiff seeks judgment for damages in her

favor in whatever amount a jury deems fair and reasonable, together with her interest, costs, and

attorney fees.

Respectfully submitted,

/s/ Stephen M. Lovell

Stephen M. Lovell (P80921)
Counsel for Plaintiff
MARKO LAW, PLC
645 Griswold Street, Suite 4100
Detroit, Michigan 48226
(313) 965-5555
November 22, 2017 Stephen@ernstmarkolaw.com

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 JURY DEMAND

NOW COMES Plaintiff, by and through her attorneys Marko PLC, and requests a

trial by jury.

Respectfully submitted,

/s/ Stephen M. Lovell

Stephen M. Lovell (P80921)
Counsel for Plaintiff
MARKO LAW, PLC
645 Griswold Street, Suite 4100
Detroit, Michigan 48226
(313) 965-5555
Stephen@ernstmarkolaw.com
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November 22, 2017

CERTIFICATE OF SERVICE

I hereby certify that on November 22, 2017, I served the foregoing

paper to this Courts ECF System which will send notification of
such filing to the above listed attorneys of record.

/s/ Katie L. Williams

Katie L. Williams