Denise Steele, Guardian Ad Litem of Russel Steele, Jr v. Stout’s Charter Bus et al

Case Background

On July 11, 2018, Denise Steele, RJ’s mother, filed a personal injury complaint in the Superior Court of New Jersey, Law Division, Burlington County after her son was hit by a bus after it ran a stop sign.

The complaint named several Defendants, including Stout’s Charter Bus, Stout’s Charter Service, Inc., Stout’s Transportation, Stout’s Tour World, Stout’s Service Center, the Burlington County Board of Chosen Freeholders, and Foster. These parties were collectively referred to as the Defendants. Judge James J. Ferrelli presided over this case. [Case number: BUR-L-001407-18]

Cause

On July 11, 2017, 18-year-old Russel Steele Jr. (RJ), who had just graduated from the Burlington County Institute of Technology, suffered a serious accident. While riding his motorcycle, a BurLINK Freightliner bus, driven by Donovan P. Foster, struck him. This collision caused a traumatic brain injury that profoundly affected RJ’s future.

Injury

RJ sustained a traumatic brain injury from the accident. Afterward, he fell into a coma, raising concerns about his recovery. The doctors expressed pessimism regarding his chances of improvement.

Damages

His parents took time off from their jobs to aid his rehabilitation and recovery. They filed a lawsuit to recover RJ’s medical expenses. Additionally, they sought compensation for ongoing care needs and damages resulting from the defendant’s negligence. They also requested coverage for attorney’s fees.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Russel Steele Jr. | Denise Steele, Guardian Ad Litem of Russel Steele, Jr
    • Counsel for Plaintiff(s): Joel R. Rosenberg | Ksenia Cutler
  • Defendant(s): Stout’s Charter Bus | Stout’s Charter Service, Inc. | Stout’s Transportation | Stout’s Tour World | Stout’s Dservice Center
    • Counsel for Defendant(s): Joseph Goldberg | Keith J. Gentes | Steven I. Litvak

Claims

The complaint claimed that the bus, operated by Stout’s, failed to yield at a stop sign. This negligence resulted in a collision that caused personal injuries to RJ.

On August 9, 2019, Denise Steele submitted an amended complaint, naming Stout’s II, Inc. as an additional defendant. Both Stout’s II and Foster filed a claim with American Service Insurance Company (ASIC) for coverage under a Business Automobile Insurance Policy. However, on July 22, 2019, ASIC denied their claim. The company stated that the Freightliner was not a covered vehicle under the policy and that Foster was not an approved driver.

Defense

The Defendants submitted an answer that denied most of the allegations in Steele’s complaint. They presented defenses, including contributory negligence and failure to mitigate damages. Additionally, they claimed a lack of standing and asserted immunity under the New Jersey Tort Claims Act for the county defendant. Furthermore, they filed cross-claims for contribution and indemnification against co-defendant Stout’s II.

Settlement

On August 12, 2024, Judge James J. Ferrelli approved a settlement agreement worth $25.75 million to resolve the lawsuit. This settlement included $10.3 million from Stout’s Transportation and $15.45 million from Burlington County. The funds aimed to cover Steele’s medical expenses and ongoing care needs. Additionally, Steele’s legal team would receive about $6.4 million in fees.

Court Documents:

Available upon request

Press Release:

ALM Law.com