Family Of Boy Hit, Killed By Bus Sues Driver, Bus Co., School District

PARK FOREST, IL — The family of a 7-year-old Park Forest boy who died last month after being struck by a school bus has filed a wrongful death lawsuit naming the school bus company and school district.

The complaint, filed Feb. 23 in Cook County circuit court, claims the driver of the bus was negligent and left Connor Kaczmarski, a second grader at Park Forest-Chicago Heights Elementary District 163's Mohawk Primary Center, in the street after hitting him. The suit names the driver, the school district, Kickert School Bus Line and parent company Cook-Illinois Corp. The complaint seeks damages in excess of $50,000.

The incident happened Jan. 20 in the 100 block of Walnut Street in Park Forest. Police said that before being hit, the boy had gotten off the bus and was running alongside it on the passenger side, before then running in front of it. Police said the driver, Darryl Downs, 62, of Lynwood, was not aware he had struck the boy. He was not issued any citations for moving violations, but was cited for not having a valid commercial driver's license, after police found records showing that he had failed to provide proof of a medical examination to the Illinois Secretary of State. His license had expired nearly two weeks prior to the incident, police said.

"In addition to having no driver’s license to operate a school bus, the driver failed to follow state law in ensuring that he not move his vehicle until his young passenger crossed in front of the bus at least 10 feet away. What was his hurry on that Friday afternoon instead of ensuring the safety of his little passenger?" said Bradley M. Cosgrove of Clifford Law Offices, who is representing the boy's mother, Rockeal King.

The complaint alleges Downs drove the bus "without keeping a proper and sufficient lookout for pedestrians and school children in or about the area ...." and "Failed to direct the passenger ... approximately ten feet in front of the bus and signal such passenger that it was safe to cross ..."

Police said their investigation included "reviewing and analyzing video from the school bus, video from personally owned surveillance cameras in the area of the accident, toxicology results obtained after required testing pursuant to Illinois law, review of electronic data to ensure that the driver had not been distracted by electronic communication devices, interviews with multiple witnesses and the driver, and a full review of all other available evidence," police said.

The child's parents on Thursday issued a statement through their attorney.

"Connor’s death has caused a pain and emptiness that cannot be put into words, but we want our story to be told to bring about a change that is desperately needed," the statement read. "We are filing this lawsuit to help prevent another senseless death of a young child.

"The safety of our children should be of the utmost importance, and it should be demanded when every child leaves the house into the care of those who have been entrusted with the most precious of lives."

Kaczmarski was previously remembered by District 163 Superintendent Caletha White as "a joy to all his teachers, kind-hearted, smart and funny; always with a smile on his face.

"He will be missed greatly by the Mohawk and District 163 students and educators. Our entire school district is saddened by this tragic event."

Downs was charged with operating a commercial vehicle with a cancelled commercial driver’s license, a misdemeanor. He was given a March 31 court date.