1st lawsuit filed in deadly Pennsylvania Turnpike tour bus crash
Two brothers from New Jersey who were aboard a tour bus that crashed on the Pennsylvania Turnpike in Westmoreland County in January, killing five people and injuring 60, filed a civil lawsuit Thursday against the bus company.
Anthony Ellis, 39, and Quwanjay Ellis, 18, both of Irvington, N.J., accuse Z&D Tour Inc., of Rockaway, N.J., and the late bus driver of negligence. They are seeking unspecified compensatory and punitive damages for severe injuries both suffered in the crash.
The lawsuit, filed in the Superior Court of New Jersey, Essex County, is believed to be the first arising from the fatal crash.
The suit alleges negligence, negligent hiring and other “grossly negligent” conditions that violated state and federal transportation laws, rules and regulations, according to Daniel R. Lapinski, an attorney with Cherry Hill law firm Motley Rice New Jersey LLC.
The brothers boarded the bus in New York City and intended to travel to Columbus, Ohio, where Anthony had obtained an apartment and was planning to look for work, the lawsuit states.
Because of his injuries, Lapinski said Anthony cannot walk, is a patient at a rehabilitation facility “and because of his current condition is unable to be moved.”
“He is unsure if he will ever be able to walk again,” Lapinski told the Tribune-Review.
“Quwanjay was seated directly behind the bus driver, and his brother, Anthony, was seated nearby in the front row of the passenger side. Quwanjay alleges that, prior to the crash, the bus appeared to be exceeding a safe speed and he saw the driver leaning and attempting to steer the bus toward the left as it descended a slope,” the lawsuit states.
The bus driver, Shuang Qing Feng, 58, of Flushing, N.Y., was among those killed in the crash.
After hearing passengers scream as the bus driver lost control, Lapinski said Quwanjay saw the driver “jolting the steering wheel sharply to the right” as the bus crossed all three lanes, crashed into the steep embankment and flipped onto its passenger side before sliding to a stop across the westbound lanes.
Vehicles including Federal Express and UPS trucks hit the bus, according to the National Transportation Safety Board.
Anthony Ellis was thrown through the front window, the attorney said. He sustained a broken neck, shoulder and collarbone and head- and collar-area lacerations with significant scarring. He underwent surgery to have metal plates inserted into his shoulder and collarbone.
He is undergoing physical therapy at a rehabilitation center, Lapinski said. Quwanjay Ellis managed to crawl through the front window of the bus following the crash and suffered injuries to his right elbow, hand, both feet and his chest.
“When Quwanjay and Anthony Ellis bought their tickets, they, like all the other passengers on board, trusted Z&D Tours with their lives, and they trusted that the company hired and trained a driver who would operate the vehicle in a competent manner to safely see them to their destination,” the lawsuit states.
The NTSB released its initial report on the crash last month but has not determined a cause. State police said the bus lost control when driving around a curve about 3:30 a.m. Jan. 5 on the section of turnpike passing through Mt. Pleasant Township.
“We believe Z&D Tours failed to uphold its end of the bargain, and people were seriously injured and lives were lost because of it. While Quwanjay and Anthony were lucky to survive, they will never be the same,” Lapinski said.
He said Quwanjay continues to suffer nightmares and emotional trauma from “the horrors” he saw that day.
“Anthony’s entire world has been upended. He was traveling to Ohio for work, and now it’s uncertain if he’ll ever be able to walk again,” Lapinski said.
The 12-page lawsuit alleges both Z&D and Feng were responsible for the crash.
“Both defendants carelessly, negligently, grossly negligently and recklessly owned, leased, managed, maintained entrusted, controlled and operated the incident tour bus at the time and place (of the crash),” the lawsuit states.
The lawsuit alleges Feng, by his actions, “was incapable of properly observing the road and traffic conditions” and the tour bus company failed to “provide sufficient warnings as to the defectiveness and unsafe conditions with regard to the lack of various restraint systems and other restraint components in the incident tour bus at the time of the accident.”
The turnpike was shut down for nearly 15 hours.
Attempts to reach Z&D Tours and its owner, Chen Dan Yu, for comment by phone and email were unsuccessful.
The NTSB said a final report on the cause of the crash could take two years.
The NTSB disclosed in its preliminary information that a Dec. 17 inspection of the bus didn’t identify any issues, and a recent review of the driver showed satisfactory marks.
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