Houston Jury Awards $1,893,000 in School Bus Negligence
A 5-year-old boy was a passenger on a school bus when the emergency exit opened and he fell out. He sustained a skull fracture and abrasions. The plaintiffs alleged the driver and bus company were negligent in failing to ensure the door functioned properly and for allowing a young child to sit near an emergency exit. The defense argued the child or another child may have opened the latch and that the child sustained no permanent injury.
Case Information Updated: October 2025
Case Outcome
- Outcome
- Verdict-Plaintiff
- Amount
- $1,893,000
- County
- Harris County, TX
- Resolved
- 2019
Injury & Accident Details
- Injury Type
- Head/Brain Injury
- Accident Type
- Other
- Case Type
- Traumatic Brain Injury, Brain Damage, Fracture
Case Overview
On September 18, 2014, a five-year-old plaintiff was a passenger on a school bus in Houston when he fell from an emergency exit that opened while the bus was in motion. The child, who had been sleeping near the exit, sustained a skull fracture and abrasions to an ankle and knee. Students alerted the driver, an employee of the defendant bus company. Another employee transported the child to his great-grandmother's workplace rather than calling emergency services or the family. The plaintiff's mother later took the child to an emergency room, where he was diagnosed with a skull fracture and a subdural hematoma.
The plaintiff's mother, individually and on the child's behalf, subsequently sued the bus company, Argueta Bus Services, for negligence. The plaintiffs alleged the driver and employer failed to ensure the emergency exit functioned properly, allowed a five-year-old to sit near it in violation of company policy, and mishandled the post-incident response. Plaintiffs contended the exit opened due to a damaged latch and that the child suffered a traumatic brain injury with permanent cognitive problems and increased risks for future neurological conditions. They sought approximately $11 million in damages.
The defense denied the door or latch malfunctioned, suggesting the child or another passenger may have unlatched it. The bus company argued the exit had no prior malfunctions and disputed the severity of the plaintiff's injuries, presenting expert testimony that the initial CT scan showed only a skull fracture and no subdural hematoma. The defense also noted the child's school performance remained good, indicating no permanent injury.
Following a four-day trial and three hours of deliberation, the jury found Argueta Bus Services negligent. The jury awarded the plaintiffs $1,893,000 for past and future physical impairment, pain and anguish, and future medical expenses. The judgment was entered against Hector Argueta, doing business as A. Jr. Bus Services.
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