A Louisville woman is suing Jefferson County Public Schools (JCPS) and Superintendent Marty Pollio, claiming they failed to follow required drug testing procedures after a serious bus accident involving a driver with a criminal record.
The lawsuit, filed by Kimberly Petty, stems from a September 2023 collision, where a JCPS bus, driven by Aaron Helton, allegedly ran a red light, striking Petty’s vehicle and leaving her with severe injuries, including a broken neck, shoulder, forearm, and pelvis.
Initially, the lawsuit named only Helton, but Petty’s attorney, James Bolus, added Pollio this week after discovering Helton’s 2019 conviction for conspiring to deliver 25 pounds of marijuana in Wyoming.
Helton had been arrested in March 2018 and was hired by JCPS later that same year in November.
The lawsuit alleges that JCPS failed to conduct a national criminal background check on Helton and did not require a drug and alcohol test after the accident that left Petty severely injured.
In court proceedings, Helton testified that he had not been drug tested after the accident or after several prior accidents during his employment as a JCPS bus driver.
“Dr. Pollio had a responsibility to ensure that JCPS bus drivers are fully vetted and held accountable,” Bolus stated.
“His failure to do so resulted in a convicted drug felon driving children to school, nearly killing my client… We will hold Dr. Pollio and JCPS accountable for their negligence, and the public deserves to know how this disaster was allowed to happen.”
District policy mandates post-accident drug and alcohol testing for drivers. However, it’s unclear whether Helton’s conviction would automatically disqualify him from employment.
The policy notes that drug offenses may prevent someone from being hired if the Superintendent determines the offense is relevant to job performance.
JCPS did not respond to multiple questions regarding the lawsuit, including whether they were aware of Helton’s drug conviction or why he was not tested after at least five accidents while employed as a bus driver.
The suit seeks punitive damages for the alleged “individual and collective negligent and careless conduct” of Pollio and JCPS, which it claims led to Petty’s “severe and permanent bodily and mental injuries,” as well as medical expenses and lost wages.
This case marks the second time attorney Bolus has represented a client in a lawsuit involving a JCPS bus accident where the driver was not drug tested.
In a 2015 case, an elementary school student was dragged by a JCPS bus before the driver stopped. After nearly seven years of litigation, the student’s family was awarded $4.8 million in a settlement.
JCPS has not yet commented on the lawsuit or addressed questions about Helton’s background or the lack of drug testing following his accidents.
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