By RICK BRUNDRETT
Staff Writer
The parents of an Elgin boy killed in a 1998 traffic accident at his school bus stop have settled a lawsuit for $4.5 million.
Eight-year-old Adam Whitaker died on April 20, 1998, when he was hit by a cement truck while crossing Sessions Road after getting off his school bus. The bus stop was located past a curve on Sessions, near the boy’s Kershaw County home.
The boy’s 7-year-old sister, 14 other Blaney Elementary School students and the bus driver witnessed the accident, police said.
Adam’s parents, Johnie Whitaker and Pam Whitaker, sued the driver of the rig, Sylvester Williams, and William’s employer, Santee Carriers in Orangeburg County.
“All the money in the world will not bring my baby back,” Pam Whitaker said Wednesday. “I can only pray that Adam giving his precious life will somehow bring something good . . . for such a traumatic and senseless death.”
Jim Anders, the lawyer for the Whitakers, said the family will receive a lump sum payment under the settlement, minus his fee of about one-third.
The Settlement will be paid by insurance companies for the trucking company. Lawyers for Santee Carriers and company officials could not be reached for comment.
Williams is charged with failure to stop for a school bus stop causing death, a felony that carries a maximum penalty of five years in prison and a $25,000 fine. His trial is planned for October.
Williams’ lawyer, John Delgado, said Wednesday the settlement of the lawsuit has “nothing to do” with Williams’ criminal case. He declined further comment. Had the lawsuit gone to trial, an expert would have testified that Williams was traveling 65 to 68 mph when the accident occured, Anders said. The posted speed limit on the road at the time was 55 mph, through it has since been reduced to 45 mph, he said.
The school district no longer uses Adam’s bus stop, Anders said.
In a separate lawsuit against the S. C. Department of Education, S. C. Department of Transportation and Kershaw County School District, the Whitakers alleged that the bus stop violated state regulations. But that suit has been dropped, Anders said.
