Family agrees to settlement in lawsuit over abandoned child

Bus drivers and supervisors left students with special needs standing in the cold for two hours

ALBANY COUNTY — The family that filed suit against the Bethlehem Central School District after a bus driver left their special-needs child unattended outside his employer’s locked door for two hours on a stormy April afternoon in 2019 has reached a settlement.

Justina Seavey, as mother and legal guardian of Michael Seavey v. Bethlehem Central School District, Superintendent Jody Monroe, Tim Stark, Stephanie Corbett and No Fail Fitness, Inc., was awarded the total amount of $140,000. The net amount of $81,539.50 is to be paid into a supplemental care fund for her son, Michael. The balance is to be used for attorney services and fees.

The lawsuit, filed in New York State Supreme Court in Albany County, alleges negligence and inadequate policies in the care and supervision of Michael Seavey, a student with severe autism and other disabilities.

The case stemmed from an incident on April 1, 2019, when Michael Seavey was left outside the closed Top Form store for two hours during a school-sponsored employee training program.

The complaint stated that the bus driver and school aide failed to ensure Seavey entered the facility safely, causing significant emotional and psychological trauma to Seavey and exacerbating his pre-existing condition.

Plaintiff Justina Seavey argued that the Bethlehem Central School District, along with Superintendent Jody Monroe, driver Tim Stark and bus attendant Stephanie Corbett, failed in their duty to provide safe transportation and supervision for her son. The complaint also challenged the district's policy of prohibiting students from carrying cell phones, which prevented Michael Seavey from getting help during the incident.

The lawsuit also named No Fail Fitness, Inc., the company that operates Top Form, for its alleged role in the incident.

On November 16, 2023, the parties reached an agreement, resulting in the dismissal of the case. The settlement was reached without an admission of guilt or assumption of guilt, so the plaintiff cannot pursue any further legal action in this matter. The dismissal agreement was filed with the Albany County District Clerk's Office, formally closing the case.

On the day of the incident, Stark and Corbett were assigned to drop Michael Seavey off at his employer for a two-hour shift as part of his work-to-school program. According to his family, an attendant was supposed to accompany Seavey from the bus to the employer. However, on April 1, 2019, that did not happen. The business was closed for the day, the owner of the location was out of town, and an employee had neglected to notify the school. The bus reportedly left before Seavey attempted to enter the building, and without a cellphone, he was unable to call for help. He was found at the drop-off location two hours later.

Weather reports from that morning showed that while the actual temperature was above freezing, gusty winds caused the wind chill to drop below 30 degrees. When Seavey was dropped off, the temperature was 38 degrees, and an 18 mph wind contributed to a wind chill below 30 degrees.

The incident led to the Corbetts' resignation, after which the school district implemented new transportation protocols and improved communication with its business partners to prevent similar incidents in the future.

Michael Hallisey is senior editor of Spotlight Newspapers.