By LEONARD GRAY / L’Observateur / May 12, 1999

NEW ORLEANS – The first lawsuit stemming from Sunday’s bus accident which killed 22 people was filed Monday at 8:19 a.m. in Civil DistrictCourt in New Orleans by LaPlace attorney Daniel E. Becnel Jr.The lawsuit takes aim at Custom Bus Charters Inc., Casino Magic, driverFrank Bedell and their insurance companies.

It was filed on behalf of Irving Jr. and Lelia Marie Tassin of LaPlace. LeilaTassin, 55, was a passenger on the ill-fated Mother’s Day bus headed for Casino Magic. She remains hospitalized at Memorial Medical Center’sMercy Campus.

Tassin sustained three broken ribs on her right side, a punctured liver, a knee injury which required stitches, a severe concussion, acute sprain to her collarbone, acute muscle strain and bruises and cuts.

The Tassin suit claims that since passengers were not equipped with seat belts, this factor contributed to the injuries and deaths and called it joint negligence of the defendants.

Specifically, the lawsuit alleges that Bedell failed to maintain the bus under control, was speeding, failed to observe the flow of traffic around him, swerved without first determining if it were safe to do so, otherwise drove in a “careless and negligent manner without due regard for the safety of others,” and generally failed to exercise due care under the circumstances.

As to Customs Bus Charters, the lawsuit alleges that the company improperly allowed Bedell to drive, allowed a bus not equipped with seat belts to be operated on an interstate highway, allowed a defective bus to operate, advertised their buses were less than 3 years old while this bus was 4 years old, advertised amenities which later proved false, advertised that their buses could safety accommodate 55 passengers and were otherwise negligent.

As to Casino Magic, the lawsuit alleges the casino promoted, advertised and enticed the bus passengers into the excursion with the knowledge that the bus was unsafe, allowed a bus charter service to operate on interstate highways with the knowledge the driver was unsafe, jointly promoted the charter service with various clubs in the area, entered into a joint venture for a bus charter service with the knowledge that the bus was defective and being otherwise negligent.

“We have other suits to file and I have a waiting list of people to see me,” Becnel said. “We’re waiting to file those until after the funerals.”He said the first suit was filed “in order to preserve the evidence.”Becnel continued that the charter bus company only has $5 million in insurance and, with so many potential lawsuits, that would be used up pretty quickly. Hence, he added, Casino Magic was brought into thelitigation.

“Conservatively, this case is worth $25 million,” Becnel said.

Two other lawsuits have been filed by the Kenner law firm of Stephen Rue & Associates on behalf of fatality Jewel Williams, 60, of Kenner, and survivor Zorick Anton, 69, of LaPlace.

Rue added Williams was a long-time client and family friend, as she taught school with his mother. The suit was filed by Williams’ son,Bernard, and his minor sister, Orrionne.

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