A teacher from Tom Green Elementary School who was severely injured in a tragic bus crash last month in Hays CISD has stepped forward with a $1 million lawsuit. Deborah Serna, the teacher who suffered multiple broken bones in her back, has taken legal action against truck driver Jerry Hernandez and FJM Concrete, LLC. Trial Attorney Sean Breen, with two decades of experience, has called this case the most heinous example of harmful hiring practices he's encountered. "Of all the 25 years of cases I've brought for families where hiring practices have hurt people, this is the worst by far," Breen stated in a statement obtained by Fox San Antonio.
Plowed into by the concrete pumping truck driven by Hernandez on State Highway 21 on March 22, Serna is now out of work, facing a long recovery. The lawsuit accuses the defendants of negligence that "truly shocks the conscience." Court documents reveal that on the day of the accident, Hernandez had used cocaine and was running on a mere three hours of sleep.
Last week's orders from federal transportation officials now prohibit Hernandez from operating any commercial vehicle as the National Transportation Safety Board conducts an investigation into the crash. Beyond the personal devastation, the events of March 22 claimed the lives of a young child and a doctoral student. Five-year-old Ulises Rodriguez Montoya and 33-year-old Ryan Wallace were both killed at the scene.
Highlighting an additional disturbing detail from the crash, Breen added it was atrocious that Hernandez, with a history of infractions including a suspended license and assault in 2023, was able to operate a "weapon of a truck" under FJM Concrete's employ. "The suspect, Jerry Hernandez, was able to drive a weapon of a truck on the road," said Breen, as Hernandez's mugshot that was used for his work ID picture at F.J.M. Concrete, according to an interview by NBC 15.
While the lawsuit does not address the absence of seatbelts on the bus – a safety measure not mandated under Texas law – Breen noted the unconscionability of such oversight. "I think what we need to do that is okay to spend the money to put seatbelts on the people that are the most innocent, the most treasured," he remarked in a statement obtained by FOX San Antonio. Hays County has since decided to install seatbelts on school buses, a move that Breen implies should be adopted across Texas for the sake of its youngest citizens. As Serna's case moves forward, it has cast a harsh light on the responsibilities of employers and the state to safeguard those traveling on its roads.
