Wisconsin couple files lawsuit over death of son in charter bus crash

By Jim Greene

Published on November 16, 2005

A Wisconsin couple filed a wrongful death lawsuit last week against parties involved in the Oct. 16 nighttime highway auto crash between a charter bus carrying a high school band and a tractor-trailer.

James and Patti Atherton filed the suit for unspecified damages in Chippewa County Circuit Court against Whole Foods Market Group, Inc., owners of the tractor-trailer, Michael Kozlowski, who was driving the tractor, and against Chippewa Trails, Inc., owner of the charter bus that carried staff and student members of the Chippewa Falls Senior High School Band. Also named were the two companies' insurance carriers. The suit claims medical and funeral expenses and loss of companionship.

Branden Atherton, a student teacher from the University of Wisconsin-Eau Claire, was one of five people killed in the collision. The others were bus driver Paul Rasmus, band director Doug Greenhalgh, his wife Therese, and their granddaughter Morgan Greenhalgh.

The tractor-trailer jackknifed and rolled over on its side, blocking the highway. The bus then slammed into the trailer in the dark. Investigators at the scene raised the possibility that the braking system on the bus may have not have been fully functional, an issue reflected in the lawsuit. The State Patrol is still investigating and has not decided if criminal charges will be filed against Kozlowski.

The suit charges Kozlowski with negligence in operating the tractor-trailer and Chippewa Trails with negligence in maintaining the bus.

Comment on this article →