Clarksville‑Montgomery County School System (CMCSS) filed a federal interpleader action this week, asking a judge to take control of the $700,000 fund that Tennessee law caps for death and injury claims arising from the March school‑bus collision that claimed the lives of two eighth‑graders and injured several others.
Legal filing and district’s rationale
In its complaint, the district explained that multiple families have filed competing claims against the limited fund. Because the state‑mandated cap applies to the total liability for both death and injury, CMCSS argues that a federal judge is best positioned to allocate the money fairly and to prevent further litigation that could expose the district to additional liability.
The filing also requests that the court issue an order staying any related state‑court actions, effectively shielding the district from further lawsuits while the interpleader proceeds.
Families and their attorneys push back
Attorney Rocky McElhaney, who represents six of the affected families, denounced the filing as a “dump and run” that treats grieving families like enemies. “What this does is treat these families that have been hurt like the enemies,” McElhaney said. “Clarksville has just put money into the court system and says we’re out. Leave us alone.”
McElhaney emphasized that no amount of money can replace a child’s life, and that many of the injured children face lifelong orthopedic trauma. “When you’re talking about the loss of the life of a child, no amount of money can be,” he said. “These children will never get over these injuries for the rest of their lives.”
He added that his clients seek more than financial compensation; they want concrete safety improvements to prevent another tragedy. “My clients want to ensure that proper safety rails are put into place, so this never happens again,” McElhaney said.
Morgan & Morgan joins the fight
Law firm Morgan & Morgan, representing additional families, issued a statement calling the district’s action “yet another attempt … to prevent the families … from gaining the answers as to why and how this happened.” Founder John Morgan and attorney Susan Neal Wiley pledged to fight the interpleader and oppose the motion to stay state‑court proceedings, stating the firm will not stop until justice is achieved.
Details of the March crash
The crash occurred on a rural stretch of Carroll County when a school bus transporting students from Kenwood Middle School crossed into oncoming traffic and collided with a Tennessee Department of Transportation dump truck and a Chevrolet Trailblazer. Eighth‑graders Zoe Davis and Arianna Pearson were killed, and at least seven others, including the bus driver, were injured.
Bus driver Ducksworth was later indicted on charges of failure to exercise due care and driving on roadways laned for traffic, though a grand jury declined to charge him with vehicular homicide.
What’s next?
The interpleader action now moves to the federal court for a ruling on how the capped fund should be divided among the claimants. Both McElhaney’s team and Morgan & Morgan say they are evaluating further legal options, while the district maintains it is not conceding liability.
Local residents continue to call for stronger safety measures on school transportation routes, hoping the legal process will lead to lasting reforms that protect children and give families the closure they deserve.
Original reporting: NewsChannel 5 WTVF (Scripps) – local — read the source article.
