Mars Area School District is attempting to distance itself from its transportation company, A.J. Myers & Sons, in response to a lawsuit filed on behalf of eight students involved in a March bus crash.

Parents and guardians of the students filed a lawsuit citing negligence against the district and transportation company after a March 6 crash which sent seven students to the hospital.

They allege the district was negligent in its responsibility to set safety standards, bus routes and schedules after parents brought concerns about the bus driver, William “Bob” Miller, to the director of transportation, Christina Smith.

The district, in its objections to the negligence claim, argues it should be dismissed citing the Political Subdivision Tort Claims Act.

The act allows individuals to sue a local agency for damages if an injury results from “negligent acts,” but the district cited a portion of the act arguing it cannot be held liable for any damages caused by an act of an employee.

It also cites the act’s motor vehicles exception, which it argues requires the vehicle be under the control of the district. The district argues the bus and driver in the crashes were controlled by A.J. Myers & Sons.

It also said Miller was an employee of the transportation company, not the district.

The plaintiffs argue the district did have control over the driver through its contracts with the transportation company, so the motor vehicle exception would not apply. They also argue the district expressed control over Miller’s routes, schedule and safety standards.

Miller was driving a bus that crossed over the yellow center line onto a grassy embankment before hitting a tree off Three Degree Road. Miller was transported to a hospital and later died, the school and bus company announced March 13.

The lawsuit also alleges A.J. Myers & Sons was negligent by failing to avoid foreseeable risks and address previous crashes in Miller’s driving record. The lawsuit referenced five crashes and two other incidents.

The plaintiffs, ranging from age 5 to 12, are seeking more than $105,000 in damages. The suit was filed by attorney Timothy Wojton of Scanlon & Wojton on behalf of the children of Ronald and Jesslica Handgrove, Gesuele and Lisa Burello, Patrick and Samantha Cocoran, Kevin and Kerri Friess and Michael and Megan Waltenbaugh.

The district is represented by Burns White LLC, and the transportation company is represented by Burke Cromer Cremonese LLC.