Parents of Amherst child killed by bus seek settlement with school district, driver
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NORTHAMPTON - The parents of a 2-year-old boy struck and killed by a school bus in Amherst are asking a judge to approve a settlement with the town and the bus driver.
Abraham Espinoza Zavala was killed Sept. 30, 2008, near the corner of Summer Street and Montague Road in North Amherst, while he was at the bus stop with his mother and older sister, a student at Mark's Meadow Elementary School.
A hearing on the proposed settlement is scheduled for Sept. 16 in Hampshire Superior Court. Court officials would not release details of the proposed settlement, and lawyers involved in the case could not be reached for comment.
Attorneys Elaine Pourinski of Northampton and Frances Johnson South of Amherst represent Abraham's mother, father and sister.
In papers filed with the court Tuesday, Pourinski and South claim bus driver Robert Valle struck Abraham twice. A bus driver for 39 years, Valle, of Granby, subsequently retired.
Valle drove "negligently and carelessly," Pourinski alleges, and the town "was negligent in its retention, training and supervision" of him.
The collision was witnessed by Abraham's mother, Zulma Zavala, and sister, Gabriela Espinoza Zavala. His father, Abraham Espinoza, arrived at the crash scene a short time later. Each suffered "emotional distress" as a result, according to Pourinski.
Read about how police deal with the emotional stress of investigations here:
--The lead investigator in the Espinoza case speaks
Springfield attorney Carol Sakowski Lynch represents Valle and the town of Amherst, and in court filings denies each of the claims.
Amherst and state police investigated the collision, but the Northwestern district attorney's office opted not to file any criminal charges in the case.
In police reports, Valle was described as a stern, strict and careful driver, who made sure that his bus never moved while children were still standing aboard it.
Valle's drug and alcohol tests, provided by the school district to police, were negative, according to police reports.
A state medical examiner determined the cause of death was craniocerebral trauma due to a motor vehicle accident.
James F. Lowe can be reached at jlowe@gazettenet.com.
