Largo man hit twice by school buses files lawsuit

It's said lightning never strikes twice, but for a Largo man, school buses do.

Matthew Magness, 24, found himself in the path of two Pinellas County school buses — in separate accidents, less than four months apart.

Now, he's suing the Pinellas County School Board. In a complaint filed in Circuit Court on Nov. 12, Magness said he continues to suffer from his injuries and is seeking at least $15,000 in damages.

James Robinson, general counsel for the School Board, said since the board has yet to be served with the suit, he cannot comment on the case.

However, he said for two different buses to hit the same person within a few months was uncommon.

Magness' lawyer, personal injury attorney John R. Mathias, did not return calls for comment.

But according to the lawsuit, the first accident occurred Oct. 6, 2008, at Long Street and Ridge Avenue in Clearwater. Magness was a passenger in a vehicle that was struck by a school bus.

The suit says police at the scene ruled the bus driver did not yield the right of way, causing the crash. Mathias sent a letter to the School Board on Jan. 7 notifying it that his client planned to sue.

According to that letter, Magness suffered injuries to his right leg, shoulders, neck and back.

On Jan. 29, Magness was behind the wheel of a 2002 Kia on U.S. 19 in Pinellas Park when a school bus turned into his path. According to the lawsuit, Magness' injuries from the first accident were aggravated, and he suffered additional damage to his ribs, a lung and his head.

Ironically, school bus accidents in Pinellas were at a five-year low during the period when Magness was hit.

During the 2008-09 school year, there were 158 accidents involving county school buses where the bus driver was at fault. Twenty-eight of those accidents involved injuries.

Dominick Tao can be reached at dtao@sptimes.com or (727) 580-2951.