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Mother files wrongful death lawsuit after 13-year-old son killed in Marshall County school bus crash

Bus crash victim Owen Abbott. (Photo provided by family via WSBT)

ARGOS, Ind. – The mother of a boy killed when a truck his school bus last week has filed a wrongful death lawsuit

Owen Abbott, 13, died when a truck rear-ended his school bus at a railroad crossing on U.S. 31. Abbott and more than 30 other students from Eastern Pulaski Schools were on a field trip to a Christmas musical. Three adult chaperones were also on the bus.

The lawsuit names the driver of the truck, Tylor Perry, and his employer, National Rent-a-Fence Co. It alleges Perry drove the truck in a “careless and negligent manner,” resulting in Abbott’s death.

The lawsuit alleges, among other things, that Perry failed to obey the school bus’ stop arm, didn’t yield even though the school bus had the right of way and “failed to notice the school bus stopped at the railroad crossing directly in front of him.”

The lawsuit seeks “an amount which will fully and fairly compensate [Abbott’s mother] for her damages, for attorneys’ fees, for the costs of this action, and for all other relief just and proper in the premises.”

Perry has not been arrested or cited in connection with the crash. Indiana State Police said they will review the final report to determine if charges are warranted.

A 14-year-old boy also injured in the crash was released from the hospital last week.

You can read the lawsuit here: