Sharon Lemons, et al. v. Rhonda Cloer, et al. AND Jimmy Darrell Silvers, et al. v. Rhonda Cloer, et al.

Case Number
E2004-02842-COA-R9-CV

These appeals find their genesis in a collision between a Georgia school bus and a CSX freight train in Polk County, Tennessee, just north of the Georgia state line. As a result of the collision, three children were killed and four others on the bus were injured. All of the children were minors. Three wrongful death actions and three personal injury actions – as well as other actions not involved in this appeal – were filed in the trial court. The cases before us named as defendants, Rhonda Cloer, the driver of the bus; the Murray County [Georgia] School District (“the School District”); and other entities. Regarding two of the wrongful death claims against the School District, the trial court held that the claims were barred by the personal injury one-year statute of limitations. As to all of the claims arising out of the collision, the trial court held that the School District’s liability could not exceed $300,000, the total amount of the coverage for one incident under the School District’s vehicle liability policy. We affirm.

Authoring Judge
Judge Charles D. Susano, Jr.
Originating Judge
Judge John B. Hagler
Case Name
Sharon Lemons, et al. v. Rhonda Cloer, et al. AND Jimmy Darrell Silvers, et al. v. Rhonda Cloer, et al.
Date Filed
Dissent or Concur
No
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