Site last updated: Saturday, April 20, 2024

Log In

Reset Password
MENU
Butler County's great daily newspaper

Families file lawsuits in fatal BART bus-train crash

7 cases filed in county court

The families of people who were killed and several people who were injured when a Butler Area Rural Transit bus drove into the path of a freight train at Evans City's Maple Avenue crossing in 2013 have filed lawsuits.

Seven cases, representing three deceased people and four injured, were filed Tuesday in Butler County Court.

The complaints allege negligence by the bus driver, 62-year-old Frank Schaffner, and the authority.

Butler attorney Ray Conlon, acting as spokesman for the plaintiffs, said a final suit representing Michael Spehar, a man who was injured, will be filed later.

Of the claims, Conlon said only: “Out of respect and privacy of our clients and their families, we are referring to the allegations in the complaint.”

The incident occurred April 26, 2013, when a BART bus carrying passengers drove onto the train tracks without stopping. The train, an Allegheny Valley Railroad train with two locomotives and 29 cars, hit the bus broadside.

Schaffner told a police officer at the crash that it had been foggy and one of the passengers on the bus yelled to him, then “he looked out the window and noticed the train and floored it.”

Tests showed Schaffner had no drugs or alcohol in his body.

Passenger Claudette Miller, 92, of Callery died of injuries that afternoon. Passenger John D. Burkett, 88, of Zelienople died eight days later.

Schaffner pleaded guilty to two counts of involuntary manslaughter, and eight counts of reckless endangerment. He was sentenced to a year on house arrest with electronic monitoring followed by another four years under the supervision of the county's Intermediate Punishment Program.

When that expires, Schaffner could spend up to another 11 years on probation.

The lawsuits, which allege wrongful death and negligence, ask for an unspecified amount of money for pain suffering and punitive damages.

The wrongful death suits are filed on behalf of Miller, Burkett and another passenger, James Boyle who died March 24, 2014 — a year after the collision and 10 days after Schaffner was sentenced.

Prosecutors in the district attorney's office who were responsible for prosecuting this case could not be reached for comment.

Mike Robb of BART said officials there are aware of the lawsuits, but prefer comment be made by the organization's attorney, David McQuiston of Pittsburgh.

McQuiston could not immediately be reached.

More in Local News

Subscribe to our Daily Newsletter

* indicates required
TODAY'S PHOTOS