Dad Sues Bus Company for Severe Burns on His Daughter's Leg

LUBBOCK, TX — A Lubbock father has filed a lawsuit against Durham School Services, L.P., alleging negligence after his young daughter suffered severe burns from hot radiator fluid during a school field trip. The case, initially filed in state court, has been removed to federal court by the defendant, citing diversity of citizenship and damages exceeding $75,000.

The incident occurred on October 31, 2025, when I.G., a female second-grade student, was riding a Durham-operated school bus on a field trip. According to the complaint, a radiator hose on the bus ruptured, spraying scalding radiator fluid directly onto the child's leg. The lawsuit claims the rupture was caused by improper maintenance: new clamps had been installed on an old hose, and a metal cover was reattached incorrectly, leading to friction that weakened the hose over time.

Stephen Gilpatrick, acting as next friend for his minor daughter, filed the original petition on December 2, 2025, in the 72nd Judicial District Court of Lubbock County. The suit accuses Durham of negligent maintenance, inspection, and employee training, including failures to replace the aging hose, maintain safe fluid temperatures and pressures, and ensure proper supervision during repairs. Durham, which handles its own in-house maintenance, is also held liable under respondeat superior for the actions of its employees.

The complaint details I.G.'s "severe and life-threatening burns," seeking compensation for past and future physical pain, mental anguish, physical impairment, and disfigurement. While specific amounts for these non-economic damages are left to a jury's discretion, the petition states the total monetary relief sought exceeds $1 million, along with pre- and post-judgment interest and court costs. The family has demanded a jury trial.

Durham School Services, a major student transportation provider operating in multiple states, denied the allegations in its state court answer and promptly moved the case to federal court. On December 29, 2025, the company filed a Notice of Removal, transferring the action to the U.S. District Court for the Northern District of Texas, Lubbock Division. The removal is based on diversity jurisdiction under 28 U.S.C. § 1332, as Gilpatrick is a Texas citizen, while Durham is incorporated in Delaware with its principal place of business in Illinois and additional citizenship in Florida through its ownership structure. The company asserts it is not a Texas citizen and that the amount in controversy surpasses the $75,000 threshold for federal jurisdiction.

Court documents state that Durham contracts with school districts but operates as a private entity, distinguishing it from governmental immunities. No trial date has been set in federal court, and proceedings in the state court are stayed pending federal resolution.

Durham is known as Durham Charter, a provider of charter bus rentals, specializing in providing school bus rental services to groups across the United States and Canada. The Lubbock offices are located on MLK Blvd.