The family of a 9-year-old autistic boy has filed a lawsuit against the Hillsborough County School Board, alleging the district negligently hired, trained and supervised a 79-year-old school bus aide accused of striking the child on a bus earlier this year. The lawsuit, filed Wednesday, seeks at least $50,000 in damages and demands a jury trial.
The case traces back to Jan. 9, when deputies responded to Cypress Creek Elementary School just after 3 p.m. regarding a child-abuse call, according to the Hillsborough County Sheriff's Office. The boy's mother told deputies her 9-year-old, nonverbal autistic son may have been struck on the school bus by his aide. Investigators said that aide, James Savage, struck the child on the top of his hand and was also observed removing his hat and slapping the boy on the left side of his face with it.
Savage, who was 79 at the time, was arrested and charged with one count of child abuse, the sheriff's office said. As reported by wtsp.com, the family's lawsuit now alleges the School Board knew of Savage's “preoccupation and propensity” to act unreasonably, inappropriately and violently both before and during his employment.
What the Lawsuit Claims
According to the same report, the complaint alleges the School Board had a duty to properly hire, train and supervise qualified personnel responsible for bus safety, and a separate duty to supervise and protect the student from harm — including harm caused by the district's own employees. The family argues the board's negligent actions and omissions caused the alleged abuse, resulting in pain and suffering, impairment, disability, disfigurement, mental anguish and a loss of capacity for enjoyment of life.
The family is seeking at least $50,000 from the School Board and has requested a jury trial on all triable issues, the outlet's report states. The sheriff's office previously said it released surveillance footage capturing the incident as part of its investigation.
Charge Status and District Response
The criminal case against Savage has since taken a different turn than the arrest initially suggested. According to FOX 13 News, the State Attorney's Office elected not to file criminal charges after completing its investigation.
Separately, the Hillsborough County School District said in a statement reported by Tampa Bay 28 that Savage had served as a bus attendant since 2020 with no prior complaints on file, and that he was removed from duty and would be subject to termination proceedings. The same outlet noted a comparable case out of Pasco County, where a lawsuit involving a student with special needs alleged negligence, vicarious liability and a violation of the Florida Equity in Education Act after a former bus assistant allegedly slapped the student.
How Florida Law Treats These Claims
Lawsuits against school boards and other government bodies in Florida operate under specific statutory rules. Florida law waives sovereign immunity for tort liability of the state and its agencies or subdivisions, but only subject to statutory limitations, according to Florida Statutes § 768.28. That same statute generally caps liability at $200,000 for a claim by one person and $300,000 for claims arising from the same incident.
Negligent-hiring claims like the one in this lawsuit also face a specific legal standard. Under Florida Statutes § 768.096, an employer is presumed not to have been negligent in hiring if it conducted a qualifying background investigation before hiring that revealed no information showing the employee was unsuitable. That required investigation can include a criminal-background check, efforts to contact references and former employers, a job application addressing prior convictions and intentional-tort lawsuits, and a driver-record check or interview, per the statute.
