Ohio Supreme Court to hear Bluffton crash case

LIMA — The Ohio Supreme Court will decide whether the charter bus company and driver of the bus involved in the crash that killed five Bluffton University baseball players in 2007 were covered under the school’s insurance policy.

Attorneys representing the estate of four players killed in the crash, and other players and coaches injured filed notice of appeal with the court in January. The court decided this week that it will hear the case.

“We were pleased that they took the case and wanted to hear the merits of our appeal,” said Steven Smith, a Toledo attorney representing player David Betts’ estate.

It will take six to nine months before the court hears oral arguments from the two sides, said court Spokesman Brett Crow. It will be another three to six months before the court rules on the case.

The 3rd District Court of Appeals in November unanimously upheld a March ruling by Judge Richard Warren of Allen County Common Pleas Court, who dismissed Federal Insurance Co. and American Alternative Insurance Corp. from a lawsuit filed in the crash.

Attorneys argued in the appeals notice that the insurance policies did cover Jerry “Jerome” Niemeyer when he was driving the bus.

“Unfortunately, the potential for great harm inherent with charter buses, barreling down the interstate loaded with passengers, became a reality in this tragedy,” court filings read. “Sorting out insurance coverage for such high risks is important to everyone.”

The team was headed to a tournament in Florida when the bus crashed March 2, 2007 in Atlanta. Niemeyer drove the bus up a left-hand exit ramp that feeds into a bridge over Interstate 75. The bus went off the bridge and landed on the interstate below. It’s believed Niemeyer mistook the ramp for a highway lane.

The crash killed Niemeyer and his wife, Jean, of Columbus Grove, and players Tyler Williams, of Lima; Scott Harmon, of Elida; David Betts, of Bryan; Cody Holp, of Arcanum; and Zachary Arend, of Oakwood.