'They enabled this guy.' Family files wrongful death suit against Metro, driver

Retired school teacher Beverly Kinney was overdue home from one of her regular neighborhood walks when her husband heard sirens from their Hyde Park condo.

So Ed Cloughessy walked a block south to the corner of Dana Avenue and Duck Creek Road and was stopped by police yellow tape.

That’s when Cloughessy learned police were investigating a Metro bus accident that killed a pedestrian. He described her new shoes to the police.

They told him his 87-year-old wife was on her way to the morgue.

Now, Cloughessy and other members of Kinney’s family are suing Metro’s owner and driver Deon Willis, calling them negligent and Kinney’s death preventable.

Announcing their lawsuit on Monday, Cloughessy said he’s felt pain, sorrow and anger since Willis’ bus hit and killed Kinney on Jan. 11.

“It’s been four months and it’s not abating at all,” he said.

Suit alleges wrongful death, negligence

The suit, filed in Hamilton County Common Pleas Court, seeks a jury trial on counts that include wrongful death, negligence and recklessness. In addition to seeking unnamed punitive damages, the suit asks Southwest Ohio Regional Transit Authority to complete an audit of how Metro hires and trains drivers and release it to the public.

"It is inconceivable why SORTA ever allowed this person behind the wheel of a 13-ton city bus," Kinney attorney Rex Elliott said.

Willis had “an abysmal driving record” that included a Dec. 1, 2018, accident that left DeCarlo Fowler in a wheelchair, according to the Kinney lawsuit. Willis ran a red light and struck Fowler’s car at Findlay Street and Winchell Avenue at close to 1 a.m., a Metro accident report shows.

Fowler, 24 and a University of Cincinnati student at the time, remains in a wheelchair with a feeding tube for nutrition, the lawsuit said.

Sons don't consider Kinney's death an accident

John Kinney said Monday that he does not consider his mother’s death an accident.

“She was killed in a completely preventable action,” he said.

Added brother, Jeff: "They enabled this guy to be out there with a horrendous driving record and he and they killed my mom."

Willis should face more than misdemeanor charges, the brothers said. Learning he was not charged with a felony, “felt like a kick in the gut,” John Kinney said.

Willis, hired in 2018, was charged with five counts of misdemeanor aggravated vehicular homicide on May 15.

He returned to court Monday for a pre-trial hearing in Hamilton County Municipal Court, requesting a continuance of his case. Judge Samantha Silverstein set July 8 as his next hearing. Willis’ attorney James Costin, without explanation, told the judge Willis is seeking a new attorney.

Costin did not return a message asking about Willis’ request.

As The Enquirer reported earlier, Willis had a long record of infractions at Metro and close to 40 cases in local courts over nearly 30 years. He was driving with a suspended license when he hit Kinney.

He remains on paid leave while Metro nears the final stages of its investigation in the Kinney case, a Metro spokesperson said Monday.

“Our deepest sympathies go out to the Kinney family for the tragic loss of Mrs. Kinney," said Bradley Mason. "Due to litigation, we are not able to comment on any specifics related to the incident at this time."

The Hamilton County Prosecutor’s Office did not immediately respond to a question about the possibility of harsher charges against Willis.

'What kind of HR ... do they have?'

Cloughessy, 85, said he married Kinney, a longtime educator with Princeton City Schools, after both of their spouses died about 18 years ago.

Eighty-five people showed up for her memorial service in February, he said, including one-time students and people who volunteered for the same local organizations. One older man attended alone and introduced himself as one of Kinney's fourth-grade students, Cloughessy said.

Metro should not have allowed Willis to continue driving given his record, Cloughessy said.

As a retired human resources professional, Cloughessy said he knows "all about training and safety and discipline.”

“What kind of HR department do they have that they would have an unlicensed driver out there?” he asked.

This article originally appeared on Cincinnati Enquirer: Kinney family sues after Metro bus kills mother