Victims of fatal bus crash seek millions in damages

The passengers of a fatal 2008 Colusa County bus crash that killed 11 people and injured dozens more are seeking tens of millions in consolidated civil damages against both the bus company and Colusa Casino Resort, court records state.

"We're now in the discovery phase," said attorney Joe Babich, the lead attorney for more than 40 plaintiffs, "and that's expected to take up to nine months to complete."

More than 40 claims have been consolidated and filed as recently as last month, according to Babich, of the Sacramento firm Dreyer, Babich, Buccola & Callahan.

Named as defendants are the bus driver, Quintin Joey Watts, and his employer, Cobbs Bus Service, Colusa Casino Resort, the Cachil Dehe Band of Indians and the House of Prayer Apostolic Faith Center of Sacramento - the legal owners of the bus.

The claims seek unspecified damages for wrongful death, injury, funeral and hospital-related costs and other damages, Babich said Tuesday.

"With more than 40 claims, damages could reach the tens of millions, but we don't have an exact total yet," Babich said.

Babich said that the plaintiffs are pursuing civil damages in two separate venues, one against the bus company and the bus owners in Sacramento County Superior Court, the other against Colusa Casino Resort and Cachil Dehe Band of Indians through the tribal courts.

Phone calls to Colusa Casino Resort and the tribe seeking comment were not returned.

Babich said claims against the casino will have to be resolved by a neutral arbitrator.

"The plaintiffs claim that the casino was working in a joint venture with the bus company, which (the casino) denies," Babich said.

Babich said the casino paid the bus company for transporting passengers to the casino. Payments, Babich said, were based on the total percentage of gaming money lost by the passengers transported by the bus company.

"Losses were tracked through electronic gaming cards issued (to the passengers)," Babich said.

Watts, 54, of Stockton, was convicted of 11 criminal counts of gross vehicular manslaughter and sentenced to serve more than 25 years in state prison in November. Passengers reported seeing Watts fall asleep at the wheel just moments before the deadly crash.

Babich said Watts' criminal conviction proves there was negligence involved.

"Now there's wrestling over the (monetary) value of each of these claims," Babich said.

Babich said insurance policies could cap damages for the bus company and the casino at a total of just $5 million each.

"However, the (plaintiffs) are disputing (those caps)," Babich said.

The crash occurred on Oct. 5, 2008 when the bus careened off rural Lonestar Road, between Williams and Colusa, and landed in a drainage ditch.

The California Highway Patrol reported during the trial that the road and weather played no part in the accident, and that the bus was mechanically sound.

Colusa County prosecutors said Watts had spent the night before the crash gambling at the casino, and had reportedly slept just three hours in the previous 37 hours leading up to the crash.

Contact Rob Parsons at 934-6800 or rparsons@tcnpress.com.