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Home / New Zealand

Injured girls seek damages from bus firm

By Maggie McNaughton and NZPA
5 Dec, 2006 04:00 PM3 mins to read

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From left, Jessica Giljam-Brown, Eleanor Koningham, Noelle Wong, Jennifer Mackay and Hayley Fenton. Picture / Brett Phibbs

From left, Jessica Giljam-Brown, Eleanor Koningham, Noelle Wong, Jennifer Mackay and Hayley Fenton. Picture / Brett Phibbs

KEY POINTS:

Five high school students seriously injured when an out-of-control schoolbus ploughed into them at Auckland's Rangitoto College will seek six-figure sums in damages.

The girls' lawyer, Peter Spring, said yesterday he would be suing bus company Ritchies Coachlines for exemplary damages on behalf of the girls, with any
damages split five ways.

"Although [the money] is awarded to punish the defendant, it is paid to the plaintiffs."

Mr Spring yesterday refused to say exactly how much would be sought in the civil action, likely to be filed with North Shore District Court before Christmas.

The driver, Gilai Gu, 46, was sentenced yesterday at North Shore District Court to 80 hours' community work, after earlier pleading guilty to five charges of careless driving causing injury following the June accident.

Gu was also disqualified from driving commercial vehicles for two years, private vehicles for nine months and told he must pay $5000 in reparation over the next five years. Gu, a qualified engineer, also vowed to never drive a bus again.

All five girls received serious injuries, including one whose injuries were life-threatening.

The group spoke about the incident for the first time yesterday.

Hayley Fenton, 15 - who received the most serious injuries, including six broken ribs, lacerated lungs and a shattered pelvis - told the Herald she felt lucky to be alive.

She reckoned Gu was an "accident waiting to happen".

Jennifer Mackay's injuries included a dislocated hip and fractured pelvis. The 15-year-old said she was "jumpy around buses".

"I can remember the bus coming then I remember turning and then lying on the road. I didn't know what was going on," she said.

Eleanor Koningham, 15, suffered serious concussion and said she couldn't play sport any more.

The other two girls, Jessica Giljam-Brown, 15, and Noelle Wong, 14, both received leg injuries, cuts and bruising.

Jessica said she couldn't remember much of the accident.

"We were sitting on the pathway and then we were knocked out." She said students no longer sat in the area where the accident happened.

"After the accident I had to stop karate and tennis ... and I missed four weeks of school. I don't get too close to buses now. I'm a bit cautious. If Dad drives too close [to a bus], it's not that great."

Mr Spring said the sentence handed to Gu was appropriate.

"He was not in a position to make any terribly meaningful offer of reparation due to his very limited financial means."

However, Mr Spring was critical of Gu's training. "He'd received training at a course but he didn't understand the theory part of it because English wasn't his first language," he said.

"He didn't even know where to put the key in the ignition of this particular bus ... and he didn't receive adequate practical training."

Gu's lawyer, Edwin Telle, told the court yesterday that his client arrived in New Zealand nearly four years ago and was so traumatised by the accident he had contemplated suicide.

Ritchies Coachlines human resources and training manager John Harvey said yesterday that the company's training was thorough.

"On the day, at the time, the driver made a mistake."

THE INJURIES

Jessica Giljam-Brown, 15: Lost chunks of flesh from her legs.

Eleanor Koningham, 15: Serious concussion.

Noelle Wong, 14: Leg injuries, cuts and bruising.

Jennifer Mackay, 15: A dislocated hip and fractured pelvis.

Hayley Fenton, 15: Six broken ribs, lacerated lungs and a shattered pelvis.

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