Family settles abandoned child suit

Bus driver, aide left student with special needs out in cold for two hours

ALBANY COUNTY — The family that filed suit against Bethlehem Central School District after a bus driver had left their special needs child unattended outside of his employer’s locked door for two hours on a blustery April afternoon in 2019 reached a joint settlement.

Justina Seavey, as Parent and Legal Guardian of Michael Seavey v. Bethlehem Central School District, Superintendent Jody Monroe, Tim Stark, Stephanie Corbett, and No Fail Fitness, Inc., was awarded the sum amount of $140,000. The net amount of $81,539.50 is to be deposited into a supplemental care trust for her son, Michael. The remaining balance was to be paid towards attorney services and fees.

The lawsuit, filed in the New York State Supreme Court, Albany County, involved allegations of negligence and inadequate policies concerning the care and supervision of Michael Seavey, a student with severe autism and other disabilities.

The case arose from an incident on April 1, 2019, when Michael Seavey was left outside a closed business, Top Form, for two hours during a school-sponsored Employee Training Program.

The complaint stated that the bus driver and school aide failed to ensure that Seavey safely entered the facility, leading to significant emotional and psychological trauma for Seavey, which exacerbated his pre-existing conditions.

Justina Seavey, the plaintiff, argued that the Bethlehem Central School District, along with Superintendent Jody Monroe, bud driver Tim Stark, and bus aide Stephanie Corbett, failed in their duty to provide safe transportation and supervision for her son. The complaint also challenged the district’s policy prohibiting students from carrying cell phones, which left Michael Seavey unable to seek help during the incident.

The lawsuit also named No Fail Fitness, Inc., the entity operating Top Form, for its alleged role in the incident.

As of November 16, 2023, the parties settled, resulting in the discontinuance of the lawsuit with prejudice. The settlement was reached without any admission of fault or liability, ensuring that the plaintiff can pursue no further legal action on this matter. The stipulation of discontinuance was filed with the Albany County Clerk’s Office, formally closing the case.

On the day of the incident, Stark and Corbett were tasked with dropping Michael Seavey off at his employer for a two-hour shift as part of his work-to-school program. According to his family, an attendant was supposed to escort Seavey from the bus to the employer. However, on April 1, 2019, this did not occur. The business was closed for the day, the site’s owner was out of town, and an employee neglected to inform the school. The bus reportedly left before Seavey attempted to enter the building, and without a cell phone, he could not call for help. He was found two hours later at the drop-off location.

Weather reports from that morning indicated that while the actual temperature was above freezing, gusty winds caused the wind chill to dip below 30 degrees. At the time in which Seavey was dropped off, the temperature was 38 degrees, with 18 mph winds contributing to a wind chill below 30 degrees.

The incident led to the Corbett’s resignation, and the school district subsequently implemented new transportation protocols and enhanced communication with its business partners to prevent similar incidents in the future.

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