Family of Amherst Pedestrian Who Was Struck and Killed Sue Driver and Town in Civil Suit

The family of a pedestrian who was struck and killed while walking in her town of Amherst, Massachusetts, is suing the driver of the school van that struck and killed her along with the town of Amherst. The town served as the driver's employer at the time of the incident.

Richard Fuhrman was the driver of the school van when he struck and killed 88-year-old Eva-Marie Fenner on September 11, 2019. Fuhrman was charged with negligent motor vehicle homicide but was then later acquitted in Fenner’s death. At the time of the incident, Fuhrman was driving the Amherst Public School van which had three students on board as they were leaving the local school, Crocker Farm Elementary.

Just over two years following the acquittal, Fenner’s two daughters moved forward with a civil wrongful death lawsuit. Sabine and Angelica Fenner, along with their lawyer, James E. Grumbach, filed their lawsuit in Hampshire Superior Court. Their suit seeks to “recover damages for the conscious pain and suffering and wrongful death of Ms. Fenner, and for the loss of her society and companionship.”

In their suit, the siblings are seeking at least $100,000 in damages. The daughters contend that along with being deprived of the “comfort, guidance, counsel, and advice” of their mother, they detail that after their mother's death, they were left with medical, funeral, and burial bills as a result of their mother’s death.

In addition to compensation for their suffering, the women are seeking damages under the Wrongful Death Act for negligence or gross negligence, intentional misconduct or battery and punitive damages.

The family is also looking to hold the town of Amherst accountable for their mother’s death as well. The suit is seeking to have one count of negligence levied against Amherst under the State’s Tort Claims Act in the amount of up to $100,000. The complaint details that the town lacked proper hiring and training processes for Fuhrman during his time with the town’s public school system.

Attorneys with the town along with Morrison Mahoney, LLP representing Fuhrman, have moved forward with motions to dismiss all the charges expert for the intentional misconduct or battery charge. The attorneys argue that as stipulated by the Massachusetts Tort Claims Act, the two-year period in which the plaintiffs were eligible to file a lawsuit has passed.

Grumbach countered with an amended complaint detailing why the women were delayed in filing their claims. The pandemic and lack of information regarding the bus in which Fuhrman was driving are cited as reasons for the delay.