Second-grader's parents sue District 300 after bus runs over his leg

The parents of a 7-year-old boy badly hurt when a bus ran over his leg last month are suing Community Unit District 300, the bus driver and Durham School Services, District 300's busing contractor.

Kyle Zuniga, a second-grader with special needs at Neubert Elementary School in Algonquin, was briefly trapped under a bus that rolled onto his leg after the bus dropped him off at school on the morning of Oct. 19, according to the lawsuit and the school district.

The student underwent surgery for broken bones and is currently recovering at home. He is not back at school, the family's lawyer said.

The suit filed in Kane County by Juan and Maria Zuniga alleges the bus driver, Wendy Bialek, left the driver's seat while the bus was still running and failed to secure the parking brake on the bus, leading to the bus rolling onto the boy's leg. The suit also questions whether the school had proper supervision at the time of the accident.

The lawsuit filed last week seeks an unspecified sum for Kyle's medical bills, pain and suffering.

"Kids shouldn't get run over by their school bus," the family's attorney, Gary Newland, said Tuesday. "They're seeking fair compensation for what their child went through. We don't know how many surgeries he's going to have to undergo. - He's bound to have some level of future disability."

District 300 Superintendent Ken Arndt said Tuesday the district still had not received a copy of the lawsuit and accused the plaintiffs of contacting local media before the actual parties named in the suit.

"I question what was the purpose of that law firm doing that," Arndt said. "It's highly unusual the way this is being approached."

Arndt added: "It's just a very terrible accident. We all felt very terrible about it."

A spokeswoman for Durham said the company was aware of the lawsuit but declined further comment.

Bialek, the bus driver, could not be reached immediately for comment.

Authorities did not charge anyone in the accident. The Illinois State Police determined there was nothing wrong with the bus or its brakes.

The next court date is Feb. 1.