"Consumers have no way of knowing that a bus could come apart like this in a crash," said Rob Ammons, the Millers' attorney, "The Millers don't want to see anyone else ride in a bus without knowing the potential consequences, if a bus like this is involved in a accident."
The lawsuit was filed Monday in 350th District Court. It alleges that the bus was not crash-worthy.
"There is a loophole in the regulations that allow these manufacturers to put these buses on the market and sell them without performing dynamic rollover crash testing," Ammons said.
Patricia Miller was hospitalized for several weeks following the crash and made an amazing recovery after she was moved to hospice care. Emmett Miller also spent several days in the hospital recovering from the crash.
"It's absolutely a problem with the entire line of buses, to the extent that this bus reflects how they attach their fiberglass tops. They are all going to share the same problem. It's a ticking time bomb," Ammons said
The bus being driven that day was a 2009 Ford E-450 Superduty Aerotech bus. It's capable of holding 24 passengers and a driver. The driver, ACU professor Dr. Michael Nicodemus, told authorities at the scene he was feeling tired, and that he may have nodded off before the crash.