Filed 24-CI-001361 09/12/2024 David L.
Nicholson, Jefferson Circuit Clerk
NO. 24-CI-001361 JEFFERSON CIRCUIT COURT
097CB46D-E8C3-420E-BFB3-98783CC1CE70 : 000001 of 000010
DIVISION ONE (1)
JUDGE ERIC J. HANER
KIMBERLY A. PETTY PLAINTIFF
v. NOTICE-MOTION-ORDER
electronically Filed"
AARON J. HELTON DEFENDANT
*** *A* *** *** A**
Please take notice that this Motion is set to be heard in the above Court on Monday,
September 16,2024 at 8:45 a.m., or as soon thereafter as counsel may be heard.
PLAINTIFF'S MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT
ADDING JCPS SUPERINTENDENT DR. MARTY POLLIO AS A DEFENDANT
AND ADDING A CLAIM FOR PUNITIVE DAMAGES
Comes now the Plaintiff, Kimberly A. Petty, by counsel, and, pursuant to Civil Rule 15,
respectfully moves this Court for leave to file her Second Amended Complaint adding Dr. Marty
Pollio - Superintendent of the Jefferson County Public School ("JCPS") District - as a Defendant,
and also adding a claim for punitive damages. Plaintiff incorporates by reference, as if set for the
fully herein, each and every statement and Exhibit contained in her Motion for Leave to file First
Amended Complaint which is set to be heard this same day as well. The only change between the
1st and 2nd Amended Complaints is a claim for punitive damages which was inadvertently not
included in the 1st Amended Complaint. This was an oversight on the part of the undersigned who
apologizes for any inconvenience or confusion caused.
WHEREFORE, the Plaintiff respectfully requests that this court grant her Motion and enter
the proposed Order attached hereto.
FAC : 000001 of 000002
Filed 24-CI-001361 09/12/2024 David L. Nicholson, Jefferson Circuit Clerk
Filed 24-CI-001361 09/12/2024 David L. Nicholson, Jefferson Circuit Clerk
Respectfully submitted,
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James M. Bolus, Jr.
BOLUS LAW OFFICE
600 W. Main Street, Suite 500
Louisville, Kentucky 40202
(502) 584-1210
(502) 584-1212 - Facsimile
[email protected] By: Isl James M. Bolus, Jr
CERTIFICATE OF SERVICE
A true and correct copy of the foregoing was served to the following via the
Court's electronic filing system and email on this the 12th day of September, 2024:
Byron E. Leet
Daniel P. Reed
WYATT TARRANT & COMBS
400 W. Market Street, Suite 200
Louisville, Kentucky 40202
[email protected]
Counsel for Defendant
Isl James M. Bolus, Jr.
FAC : 000002 of 000002
2
Filed 24-CI-001361 09/12/2024 David L. Nicholson, Jefferson Circuit Clerk
Filed 24-CI-001361 09/12/2024 David L. Nicholson, Jefferson Circuit Clerk
NO. 24-CI-001361 JEFFERSON CIRCUIT COURT
097CB46D-E8C3-420E-BFB3-98783CC1CE70 : 000003 of 000010
DIVISION ONE (1)
JUDGE ERIC J. HANER
KIMBERLY A. PETTY PLAINTIFF
v. SECOND AMENDED COMPLAINT
"Electronically Filed"
AARON J. HELTON, in his individual capacity
and
DR. MARTIN "MARTY" POLLIO, in his individual capacity DEFENDANTS
Serve: Dr. Martin "Marty" Pollio, Superintendent
Jefferson County Public Schools
VanHoose Education Center
3332 Newburg Road
Louisville, Kentucky 40218
*********
Comes now the Plaintiff, Kimberly A. Petty, by and through counsel, and for her Second
Amended Complaint against the Defendants, Aaron J. Helton, in his individual capacity, and Dr.
Martin "Marty" Pollio, m his individual capacity, states as follows:
1. That at all times relevant hereto the Plaintiff, Kimberly A. Petty, was and has been
a citizen and resident of Louisville, Jefferson County, Kentucky.
2. That at all times relevant hereto the Defendant, Aaron J. Helton, was and has been
a resident of Jefferson County, Kentucky, and was operating a school bus in the course and scope
of his employment as an employee, agent, and/or servant of Jefferson County Public Schools
(JCPS).
3. That at all times relevant hereto the Defendant, Dr. Martin "Marty" Pollio, was and
EXH : 000001 of 000007
has been a resident of Jefferson County, Kentucky, Superintendent of JCPS, and acting in the
course and scope of his employment as an employee, agent, and/or servant ofJCPS.
Filed 24-CI-001361 09/12/2024 David L. Nicholson, Jefferson Circuit Clerk
Filed 24-CI-001361 09/12/2024 David L. Nicholson, Jefferson Circuit Clerk
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4. That the acts and/or omissions complained of herein occurred in Louisville,
Jefferson County, Kentucky; Plaintiff has been damaged in excess of the jurisdictional limits of
this Court; and that these same damages are now due and payable by the Defendants.
5. That on September 29, 2023, Plaintiff was dutifully traveling to visit her
grandmother, a daily routine integral to her family's care structure, when Defendant, in a rushed
and negligent manner, failed to yield the right of way and ran a red light with his bus violently
striking Plaintiff's vehicle on the driver's side and causing Plaintiff to be trapped inside her vehicle.
6. That as a direct and proximate result of the collision Plaintiff suffered immediate
and permanent injuries including, but not limited to: (a) excruciating pain and fear as emergency
services worked tirelessly to extricate her from the wreckage, (b) a broken neck, (c) a broken left
humerus, (d) broken left arm, and (e) a pelvic ring mjury.
7. That Plaintiff was taken to University of Louisville Hospital for emergency
treabaient, and she endured a battery of medical procedures and surgeries before she was
subsequently transferred to Frazier Rehab Institute which contmued Plaintiffs gmeling and
uncertain path toward physical recovery which is complicated by the psychological trauma from
the violent crash.
8. That the Defendant Helton's actions on the day in question reflect a grave and
reckless disregard for the safety of other road drivers and his failure to operate the JCPS bus with
the required attention and care directly led to the preventable crash that has now left Plaintiff with
permanent injuries and ongoing hardships.
EXH : 000002 of 000007
9. That Defendant Helton was careless and negligent in running the red light and in so
doing he failed to (a) keep a look out for Plaintiff's vehicle to avoid collision, (b) have his bus
Filed 24-CI-001361 09/12/2024 David L. Nicholson, Jefferson Circuit Clerk
Filed 24-CI-001361 09/12/2024 David L. Nicholson, Jefferson Circuit Clerk
under reasonable control, and (c) exercise ordinary care generally to avoid collision with PlaintifPs
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vehicle.
10. That Defendant Pollio failed to exercise reasonable care for the safety of Plaintiff
and the children who are transported on JCPS buses by failing to (1) require NATIONAL criminal
background checks on its bus drivers, including Defendant Helton, and (2) dmg tests its bus
drivers, including Defendant Helton, after bus accidents that result in serious injury.
11. That the JCPS Policy Manual Section 03.21 on Hiring delineates the
"Superintendent's Responsibilities" when it comes to "Hiring" with these responsibilities
mcluding:
CRIMINAL BACKGROUND CHECK AND TESTING
Applicants and employees shall undergo records checks and testing as required by
applicable statutes and regulations.^2 Bus drivers and applicants requiring a
Commercial Driver's License (CDL) must undergo additional background and
substance use checks per Board Policy 06.221.
Each application form provided by the employer to an applicant for a classified
position shall conspicuously state the following:
"FOR THIS TYPE OF EMPLOYMENT, STATE LAW REQUIRES A NATIONAL
AND STATE CRIMINAL HISTORY BACKGROUND CHECK AND A LETTER,
PROVIDED BY THE INDIVIDUAL, FROM THE CABINET FOR HEALTH AND
FAMILY SERVICES STATING THE APPLICANT HAS NO ADMINISTRATIVE
FINDINGS OF CHILD ABUSE OR NEGLECT FOUND THROUGH A
BACKGROUND CHECK OF CHILD ABUSE AND NEGLECT RECORDS
MAINTAINED BY THE CABINET FOR HEALTH AND FAMILY SERVICES."
Initial employment shall be contingent on receipt of records documenting that the
individual does not have a conviction for a felony sex crime, a conviction as a
violent offender as defined in KRS 17.165, or other conviction, including a drug
offense, determined by the Superintendent to bear a reasonable relationship to the
ability of the individual to per form the job. Employment shall terminate on receipt
of a criminal history background check documenting a conviction for an offense
listed above, unless the offense is a misdemeanor drug offense over five (5) years
ago or a non-support felony offense. Employees shall immediately notify their
supervisor if they are arrested for or charged with one of the offenses listed above.
EXH : 000003 of 000007
The supervisor shall immediately notify employee relations.
12. That KRS 1 60.380(6) provides as to "School employees ":
Filed 24-CI-001361 09/12/2024 David L. Nicholson, Jefferson Circuit Clerk
Filed 24-CI-001361 09/12/2024 David L. Nicholson, Jefferson Circuit Clerk
(a) A superintendent shall require a national and state criminal background check
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and require a letter, provided by the individual, from the Cabinet for Health and
Family Services stating the employee is clear to hire based on no findings of
substantiated child abuse or neglect found through a background check of child
abuse and neglect records maintained by the Cabinet for Health and Family
Services on all classified initial hires.
(b) The superintendent shall require that each classified initial hire submit to a
national and state criminal history background check by the Department of
Kentucky State Police and require a letter, provided by the individual, from the
Cabinet for Health and Family Services stating the employee is clear to hire based
on no findings of substantiated child abuse or neglect found through a background
check of child abuse and neglect records maintained by the Cabinet for Health and
Family Services.
13. That the JCPS Policy Manual Section 06.221 on Testing School Bus Drivers
requires that:
TESTING
All covered applicants and employees shall be subject to pre-employment testing
(controlled substances only), and reasonable suspicion, random and post-accident
testing for drugs and alcohol. Retwn-to-duty and follow-up testing shall also be
required. All offers of employment with the District shall be made contingent upon
testing results. An applicant who tests positive shall not be employed. Current
employees who test positive shall be subject to immediate disciplinary action up to
and including dismissal in accordance with Board policy and administrative
procedures. A school bus driver, substitute driver, school bus mechanic or anyone
performing safety-sensitive pupil transportation duties who tests 0.02 percent or
higher on the confirmation alcohol test immediately before, during, or immediately
following the performance of these duties shall be relieved of these duties
immediately. (School bus drivers found under the influence of alcohol or any illegal
drugs while on duty or with remaining driving responsibilities that same day shall
be dismissed from employment in accordance with Kentucky Administrative
Regulation and Board policy and shall not be eligible for reemployment in a safety-
sensitive student transportation position for five [5 J years).
14. That 702 KAR 5:080 Section 3(2)(a)3.(b) provides as to "Bus drivers'
qualifications, responsibilities and framing ":
(b) The controlled substance and alcohol use testing program shall include the
EXH : 000004 of 000007
following tests:
1. Preemployment testing (controlled substance only);
2. Post accident testing;
3. Random testing; and
4. Reasonable suspicion testing.
Filed 24-CI-001361 09/12/2024 David L. Nicholson, Jefferson Circuit Clerk
Filed 24-CI-001361 09/12/2024 David L. Nicholson, Jefferson Circuit Clerk
15. That Defendant Pollio failed in his responsibilities - as set out in JCPS policy, state
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statute, and administrative regulation - to require (1) NATIONAL criminal record checks be done
on JCPS bus drivers and (2) drug testing ofJCPS bus drivers "post-accident".
16. That due to Defendant Pollio's failures. Defendant Aaron Helton, a convicted drug
felon, mjured Plaintiff with his operation of the JCPS school bus that he otherwise should not have
been driving since, according to John McClure, Coordinator of the Jacob Bus Compound, "— had
I known that morning that he had been convicted of a felony drug charge he would not have driven
a bus for me, he would have been sent home. "
17. That because of Superintendent Pollio's failures Defendant Helton caused the
subject accident when he should not have been behind the wheel in the first place according to no
less than the Coordinator of the Jacob Bus Compound.
18. That as a direct and proximate result of Defendants' aforementioned individual and
collective negligent and careless conduct Plaintiff has suffered severe and permanent bodily and
mental injuries, incurred past medical expenses, is likely to incur medical bills in the futures, has
lost wages, and had her ability to earn income permanently impaired, with all these damages being
well beyond the minimal threshold requirements of KRS 304.39 et. seq. and the jurisdictional
limits of this Court.
19. That Plaintiff is entitled to punitive damages, pursuant to Kentucky common law
and KRS 411.184, for the reckless, wanton, and grossly negligent conduct of Defendants, with
these punitive damages being of a sufficient amount calculated to deter Defendants, and others
similarly situated to the Defendants, from engaging in the same or similar conduct in the future.
EXH : 000005 of 000007
Filed 24-CI-001361 09/12/2024 David L. Nicholson, Jefferson Circuit Clerk
Filed 24-CI-001361 09/12/2024 David L. Nicholson, Jefferson Circuit Clerk
WHEREFORE, the Plaintiff demands and prays for relief against the Defendants as
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follows:
1. Judgment against the Defendants in an amount fairly and reasonably calculated to
compensate the Plaintiff for past medical expenses, future medical expenses,
physical and mental pain and suffering, lost wages, and impairment of her power
to labor and earn money;
2. Punitive damages in a sufficient amount calculated to deter Defendants, and others
similarly situated to the Defendants, from engaging in the same or similar conduct
in the future.
3. For the Plaintiffs costs herein expended, including a reasonable attorneys fee;
4. Trial by jury;
5. Any and all other relief to which the Plaintiff may otherwise be properly entitled.
Respectfully submitted,
James M. Bolus, Jr.
BOLUS LAW OFFICE
600 W. Main Street, Suite 500
Louisville, Kentucky 40202
(502)584-1210
(502) 584-1212 - Facsimile
bo(S),boluslaw.com
By: /s/ James M. Bolus. Jr
EXH : 000006 of 000007
Filed 24-CI-001361 09/12/2024 David L. Nicholson, Jefferson Circuit Clerk
Filed 24-CI-001361 09/12/2024 David L. Nicholson, Jefferson Circuit Clerk
CERTIFICATE OF SERVICE
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A true and correct copy of the foregoing was served to the following via the
Court's electronic filing system and email on this the 12th day of September, 2024:
Byron E. Leet
Daniel P. Reed
WYATT TARRANT & COMBS
400 W. Market Street, Suite 200
Louisville, Kentucky 40202
[email protected]
Counsel for Defendant
Isl James M. Bolus, Jr.
EXH : 000007 of 000007
Filed 24-CI-001361 09/12/2024 7 David L. Nicholson, Jefferson Circuit Clerk
Tendered 24-CI-001361 09/12/2024 David L. Nicholson, Jefferson Circuit Clerk
NO. 24-CI-001361 JEFFERSON CIRCUIT COURT
097CB46D-E8C3-420E-BFB3-98783CC1CE70 : 000010 of 000010
DIVISION ONE (1)
JUDGE ERIC J. HANER
KIMBERLY A. PETTY PLAINTIFF
ORDER
V.
AARON J. HELTON DEFENDANT
*** A** *** *** -k-k-t:
The Court having reviewed the record, heard arguments of counsel, and otherwise being
sufficiently advised:
IT IS HEREBY ORDERED AND ADJUDGED that Plaintiffs Motion for Leave of File
Second Amended Complaint is GRANTED and said Second Amended Complaint is filed of record
as of this date. The clerk is directed to issue summons forthwith for Dr. Martin "Marty" Pollio.
Entered on this the _ day of September, 2024.
JUDGE, ERIC J. HANER
ec: Counsel of Record
TD : 000001 of 000001
Tendered 24-CI-001361 09/12/2024 David L. Nicholson, Jefferson Circuit Clerk
