SUFFOLK, Va. — A judge ruled that a lawsuit against a school bus driver can move forward after a review of all four counts included in the initial complaint, according to court documents obtained by News 3 on Wednesday.
The court document reveals that it was determined the lawsuit can move forward only in regards to the gross negligence allegation against the school bus driver, Darryl White. The court ruled the school board is protected by sovereign immunity.
The mother of a 10-year-old Suffolk student who suffered a fractured vertebra after being assaulted on a school bus has filed a $5 million lawsuit against the Suffolk Public School Board and White, according to the lawsuit document obtained by News 3 on Oct. 7, 2025.
Watch previous coverage: Mom of Suffolk student injured in school bus assault files $5M suit against school board, driver
Last year, News 3 spoke with Elizabeth Feagans, the mother of the boy — a student at Mack Benn Jr. Elementary School — who said on Sept. 24, he came home "screaming, with visible marks all over his body." When she took him to the ER at CHKD, Feagans said they found he had a fractured vertebra.
Feagans said her son and an 11-year-old boy on the bus exchanged words before the assault, which she described as punching and kicking.
The lawsuit, filed by Tim Anderson and dated Oct. 6, 2025, alleges the boy sustained fractures to T3-T4 vertebrae, swelling at C2-C6 vertebrae, a concussion, and ongoing pain, trauma and educational disruption.
“The school bus driver didn’t stop the bus, didn’t break the children up. He never called for assistance. He never called 911," Anderson said. “This kid’s life went from a happy kid, a 10-year-old to a traumatized child.”
The legal claims initially filed against the school board and bus driver are as follows:
- Negligent Supervision: Failure to ensure student safety during transportation [DENIED BY JUDGE]
- Failure to Render Aid: Not stopping the bus, calling emergency services, or notifying authorities [DENIED BY JUDGE]
- Gross Negligence: Utter disregard for safety and total absence of care [APPROVED BY JUDGE]
- Negligent Training & Retention: Alleged failure by the School Board to properly train/supervise bus drivers. [DENIED BY JUDGE]
Anderson told News 3 that this development is significant because many gross negligence cases never make it this far.
