Schools

Pennsbury Releases Statement On Ashley Zauflik Case

The Pennsbury School Board released a statement Tuesday on the civil court case involving Ashley Zauflik, who was severely injured following a bus crash in 2007.

 

The Pennsbury School Board released a statement Tuesday on the civil court case involving Ashley Zauflik, who was severely injured following a bus crash in 2007. 

As many are aware, a $14 million jury award was announced last week in county civil court in the case of Ashley Zauflik vs. Pennsbury School District. The 2007 accident involving Ashley was, without a doubt, tragic. The ability of the Pennsbury School Board to compensate anyone involved in this unfortunate incident, or any accident, however, is dictated by the state law known as the Political Subdivision Tort Claims Act.

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Under this state law, a school district can be sued for certain enumerated acts, but its total liability per incident is limited by statute to $500,000. By itself, the School District’s motor vehicle insurance policy would cover that amount.

The School Board wishes to share the following facts to provide clarification:

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  • At all times throughout this case, the School District has acted in a forthright manner and has cooperated with all parties throughout the litigation process.  No information was ever intentionally withheld.
  • The School Board only has the authority to use School District funds for the purposes provided in the Pennsylvania School Code of 1949 as amended. Any other use, including a monetary award above the statutory limit, is illegal.Moreover, if the Board does approve an order for the payment of School District funds for a purpose other than as set forth in the School Code, each School Director voting for such payment is potentially subject to personal financial liability.
  • Payment of a jury award is a legal and insurance matter. This case is currently still in litigation, pending finalization by the court, and is being handled by the School District’s third party claims administrator and legal counsel.
  • As with any household or business entity, the School District annually purchases property, casualty, and liability insurances. In the 2006-2007 school year, the insurance package included a $10 million excess liability policy to protect School District assets and Pennsbury taxpayers from liability claims outside the scope of the enumerated acts covered by the Political Subdivision Tort Claims Act.  Insurance funds are potentially available to any claimant. As the policy holder, the School District cannot dictate expenditure of insurance funds. In this case, the court has yet to determine the final amount of the award.It would be premature to discuss this matter further at this time.


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