DATA driver charged in fatal bus accident

The driver of a bus that killed a Duke alumna in September was arrested Friday for involuntary manslaughter, and the victim's family plans to pursue civil damages against the driver's employer.

The driver of a bus that killed a Duke alumna in September was arrested Friday for involuntary manslaughter, and the victim’s family plans to pursue civil damages against the driver’s employer.

The Durham Police Department arrested Johnnie Chavis, Sr., of Woodland Park Road for involuntary manslaughter, according to a statement released by DPD Friday. His bail was set at $20,000.

Chavis was the driver of a Durham Area Transit Authority bus on the night of Sept. 11, 2004, when the bus struck and killed Katherine McClary, Trinity ’01. McClary was crossing Broad Street at about 11 p.m. when the bus driven by Chavis turned onto the street, hitting McClary. After being rushed to Duke University Hospital, McClary was pronounced dead.

McClary’s family, living in Kohler, Wis., could not be reached for comment. The family’s lawyer, Paul Michaels of Raleigh, said the family plans to sue MV Transportation, the California-based company that Chavis worked for and that supplies bus drivers to DATA.

“Next week, we’re sending a notice of claim letter to MV Transportation,” Michaels said. “We’re just starting our investigation.”

Although the McClarys are beginning the process of seeking civil damages against MV Transportation, Michaels would not rule out any parties as potential defendants.

“Nobody at this point is excluded from a claim,” he said. “Mr. Chavis, because he was the driver; MV Transportation, because they were his employers—those are the obvious ones.”

MV transportation released Chavis after the accident. His court date is scheduled for Jan. 5.

McClary, who majored in biology as an undergraduate at Duke, worked after graduation as a coach of the basketball and volleyball teams nearby at Durham Academy. After being hit by the bus, the ambulance carrying McClary was involved in another accident, but authorities maintain that McClary’s fatal injuries were suffered in the initial accident.

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