Lawsuit: Bus driver with 39 crashes was eating chili before striking father, daughter

The driver of a Metro bus who killed a pedestrian in Hyde Park Square two years ago was looking down to throw away a cup of chili when he ran over the man, a lawsuit alleges.

Stephen Frank and his daughter, Emily Frank, were in a crosswalk when they both were struck by the bus, the lawsuit says. Stephen Frank died, and Emily was “knocked to the” pavement and injured.

She “heard her father scream as he was dragged under the bus, while the bus continued through the intersection,” the lawsuit says.

The driver, 59-year-old Tyrone Patrick, pleaded guilty to vehicular homicide and was sentenced in August 2016 to three years of probation.

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According to the lawsuit, filed last week in Hamilton County Common Pleas Court, the crash was Patrick’s 40th as a Metro bus driver since he was hired in 2006.

He also “had other prior instances of distracted and/or unsafe driving” during his approximately 10 years as a driver “for which he was reprimanded," the lawsuit says.

Brandy Jones, a Metro spokeswoman, said she could not comment because it is pending litigation.

The incident happened Jan. 25, 2016. Emily and Stephen Frank were walking in Hyde Park Square after eating dinner at a restaurant.

The bus stopped in the left turn lane on Edwards Road to turn on Erie Avenue.

"Upon information and belief, Patrick was eating chili while driving the 14-ton Metro bus," the lawsuit says.

Emily and her father were in a crosswalk, crossing Erie when Patrick began to turn left on Erie. At the same time, according to the lawsuit, Patrick was “looking down to throw his chili cup into the trash.”

The Franks were in the intersection, saw the bus coming toward them but didn’t have time to get out of the way.

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“The bus drove directly into them while they were in the crosswalk,” the lawsuit says.

Police said Patrick made an improper turn.

Patrick didn’t stop the bus until after its front and back wheels ran over Emily Frank’s leg and Stephen Frank was under the rear axle, according to the lawsuit.

The lawsuit says Emily has undergone multiple surgeries and extensive therapy because of injuries to her foot, ankle and leg.

“We were hoping to resolve this without filing a lawsuit and having to relive all of this again. Unfortunately that didn’t work out,” she told The Enquirer. “This is just so terrible.”

The lawsuit accuses the Southwest Ohio Regional Transit Authority, which operates Metro, of failing to train Patrick in procedures for safely driving a Metro bus, including the dangers of distracted driving.

The agency, it says, breached its duty by retaining Patrick, who has worked as a chaplain for the Cincinnati fire and police departments, despite his history of crashes as a bus driver.

Jason Williams contributed to this report.

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