Marcus Button was 16 in September 2006 when he caught a ride to Wesley Chapel High School and forgot his wallet. The decision to go back for it would forever change his life, as the compact car he was riding in crashed into a school bus that pulled into its path at State Road 54 and Meadow Pointe Boulevard.
Button received serious skull fractures and brain injuries that he has never fully recovered from. In 2009, a trial jury found the Pasco County School District bus driver mostly at fault. But more than 17 years after the accident, Button’s mother, Robin, is still trying to get the bulk of the $1.6 million jury award to help pay for her son’s care and secure his future.
Last week, she got a step closer when the Pasco County School Board, without discussion, unanimously approved a $1.2 million settlement in the case. The settlement must still be approved by the Florida Legislature, where bills seeking relief for Marcus Button are making their way through the House and Senate. The legislative session is scheduled to end March 8.
Robin Button, who now lives with her son in Hillsborough County’s Carrollwood area, described the school board’s action as “surreal.”
“It’s hard to take in because we’ve been waiting so long,” she said. “It’s not going to be enough to help Marcus throughout his life. But, hopefully, it will get him to be more independent and help him learn some sort of job.”
At-fault party claims sovereign immunity
Why has the payout taken so long? Florida’s sovereign immunity law generally limits payouts from local government agencies to injured parties to $200,000 per person, with a maximum of $300,000 per incident.
Also, the Pasco County School District’s transportation services were self-insured in 2006 — there was no commercial vehicle liability insurance coverage, so there was no third party to accept the claim.
Lance Block, a Tallahassee attorney representing the Buttons, said Friday he’s optimistic that state legislators will waive sovereign immunity in the Button case and approve the settlement.
“This bill’s got wings,” Block said. “I think the bill’s going to pass.”
Block said the school board’s action, coupled with the sponsorship of state Rep. Alex Andrade, R-Pensacola, and state Sen. Corey Simon, R-Tallahassee, is giving the bills traction where several previous legislative efforts — dating to 2010 — have failed.
School district spokesperson Corey Dierdorff declined to discuss what prompted approval of the settlement, citing the school board’s policy of not commenting on pending legal matters.
The details of the 2006 wreck and the Button family’s ordeal are spelled out in legislative bills introduced in January.
If the bills are approved, the state would require the Pasco school district to pay $1 million to a trust fund set up for Marcus Button’s care and $200,000 to his mother as compensation for damages incurred by both his parents. However, Marcus Button’s father, Mark, died a few years ago.
The Buttons received $163,000 from the school district after the 2009 lawsuit, according to a state hearing master’s report filed last week.
The report noted that school district representatives previously said the accident didn’t cause Marcus Button’s physical, cognitive and behavioral issues. However, the hearing master found that the young man suffered life-altering injuries, including cognitive impairment and vision loss, resulting from the accident.
The report also refers to estimates that Button’s ongoing care will cost $6 million to $11 million, and his lost wages were calculated at $365,000 to $570,000.
Robin Button said her son has come a long way through years of rehabilitation, and he no longer requires round-the-clock care. But he still takes a dozen different medications a day, can’t walk for long distances, is blind in one eye, has impulse control problems and requires ongoing supervision. She wants the settlement to pay for education that can help her son hold a job and function better in social situations.
“That’s all I want for my son — to have a fighting chance in life,” she said.
In the Button case, there were no students on the bus at the time of the accident, and the drivers involved received only minor injuries. However, the school district’s failure to have commercial vehicle liability insurance coverage could have had worse consequences if more students had been involved.
“You get a school bus full of kids who get hurt, and they have to split $300,000,” Block said, adding that the limit would also apply to other motorists who may sustain damages if they’re struck by a school bus and the district is held liable.
District spokesman Dierdorff couldn’t say Friday whether the district’s transportation services remain self-insured or if any changes in insurance coverage are planned.
The state hearing master report indicated the district has a deficit of over $300,000 in its general liability fund. Dierdorff didn’t know what fund would be tapped if the $1.2 million settlement is approved. Pasco Superintendent Kurt Browning couldn’t be reached for comment.
Published February 28, 2024
