MARYSVILLE – The family of a high school student who was seriously injured when he was struck by a school bus in 2005 reached an $800,000 settlement with the Marysville School District.
“The district was very fair, very even handed,” said Ann Deutscher, who is representing the family of Keito Swan, 17, a senior at Marysville-Pilchuck High School.
The agreement was reached through mediation earlier this month, she said.
Marysville Superintendent Larry Nyland said he is limited in what he can say about the settlement.
“We have reached agreement subject to court approval,” Nyland said. “We think it’s about 30 days off. The attorneys are telling me until this is done it’s not done.”
Nyland said he felt a settlement “was in the best interest” of the district and family. Much of the negotiations involved the district’s insurance provider.
Swan’s family had filed damage claims of $25 million against both the district and Snohomish County, alleging both failed to protect students crossing 108th Street NE to Marysville-Pilchuck.
The claim against Snohomish County has not been settled, said Tad Seder, assistant chief civil deputy prosecutor.
“There are defenses we need to explore,” Seder said. “Our primary interest is the safety of schoolchildren going to Marysville-Pilchuck High School, and there have been many changes made since Oct. 27, 2005 to make it a much safer place to go to school.”
“We feel that all the students are safer now.”
Deutscher said a lawsuit will soon be filed against Snohomish County. She said she feels the county is more liable than the school district and much more should be done to make the roadway safer for pedestrians to cross.
“We are a million miles apart,” she said.
Swan, who was a junior at the time, survived being struck by a bus and dragged 100 feet as he crossed a dark stretch of 108th Street NE. He was airlifted to Harborview Medical Center in Seattle in critical condition and spent five weeks in the hospital.
His pelvis and right leg were broken, his groin and head injured and a lot of skin was shredded from his legs, according to medical reports.
The road’s speed limit is 35 mph and was not marked as a school zone at the time of the accident.
The county has since made the road by the school a 20-mph school zone and added rumble strips to give drivers a bumpy reminder to slow down.
Lighting has also been improved in the area.
A sheriff’s report said that Swan was not in a crosswalk and was wearing dark clothing when he was struck. It also said he was wearing earphones, which might have blocked the sound of oncoming traffic.
Deutscher said the family believes the boy was in the crosswalk and the facts clearly show negligence by the district and county. She cites documents written over several years where the district was asking the county for more safety improvements along the roadway.
Much of the settlement with the district will be used toward medical expenses, Deutscher said.
That includes $346,000 in medical bills, more than $50,000 in fees for experts along with legal expenses. There are estimates Swan could need another $400,000 in future medical expenses, Deutscher said.
Reporter Eric Stevick: 425-339-3446 or stevick@heraldnet.com.
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