ALBUQUERQUE, N.M. (KRQE) – A civil lawsuit was filed against the City of Albuquerque and an ABQ Ride bus driver for a crash that reportedly left a woman dead, according to court documents.
Lillian Rothchild, 69, was on the bus when it collided with the underpass of Interstate 25 and Lomas Boulevard in April 2022, according to the lawsuit filed on March 12. The plaintiffs in the lawsuit, the representative of Rothchild’s estate and Rothchild’s son, claim that Rothchild suffered “catastrophic injuries” from the crash.
Rothchild was taken to the hospital and died in May 2022 as a result of injuries she received, according to the plaintiff’s attorney David C. Chavez. “The outcome that the family is hoping for is that this would not happen to any other bus driver and that the city of Albuquerque will take more precautions and be more aware of their drivers,” Chavez said, adding, “So the outcome for our clients can never bring the life back. This leaves a huge void within the family, within the community.”
The lawsuit alleges that the driver of the bus, Monty Gresham, was “operating the bus in a negligent, careless, and/or reckless manner,” when the crash occurred. Investigators didn’t establish a cause for the crash but the APD crash report said the 63-year-old driver was sick on over-the-counter medication and had a fever of almost 103 degrees.
According to the crash report, Gresham’s license expired in 2019. In 2022, KRQE reached out to ABQ Ride about that and to find out if he broke any rules by driving while on medication or while sick. The city previously said the crash was found unpreventable due to a medical episode – and they would not comment on his driver’s license.
KRQE News 13 reached out to the city about the lawsuit on Friday. While the city said that it does not comment on pending litigation, a spokesperson for the transit department confirmed that Gresham is still employed by the department as a motorcoach operator.
“We understand that the bus driver has returned to work with the city of Albuquerque. We would anticipate and hope that the city has now put in safeguards so that this type of accident does not happen again,” Chavez said.
The plaintiffs in the lawsuit are seeking monetary damages from the city and Gresham for the death of Rothchild, to cover her medical care, funeral arrangements, attorney costs and more. The family could get up to $750,000, Chavez explained.
The city on Friday said they are “reviewing the complaints and will respond accordingly.”
