Lawsuit Filed in Death of Boy Killed by Daycare Bus | News

BUFFALO, NY - A lawsuit has now been filed on behalf of the brother of a nine-year-old boy that was hit and killed by a daycare bus last week.

Buffalo Police continue to investigate the accident that killed 9-year-old Darpan Niroula.  The accident happened around 5pm at Prospect and Rhode Island streets on the West side of Buffalo.

WEB EXTRA: Click here to read the amended lawsuit

The boy was crossing the street with his 15-year-old brother Chandra near their home when he was hit by a small church daycare bus that was dropping kids off from a local daycare.  Investigators say there were 7 kids on board, 4 of whom belonged to the female driver.

Police say Darpan was hit by the front of the bus and was pronounced dead at the scene.  Chandra was not hurt but ran to his house, just feet from the scene, to tell his family. Frank Bogulski, attorney for the family, says the intention of the lawsuit is to compensate the family for the teen's trauma and emotional suffering caused by the accident. Bogulski said a wrongful death lawsuit will be filed later this week in Surrogate's Court.

The bus was from a nearby church day care program but at this time, police aren't releasing the name of the church.

The 9-year-old and his family moved to Buffalo from Bhutan in Southeast Asia in June 2010. 

Darpan was a fourth grade student at School 18 in Buffalo Grief counselors were available for students the day after the tragic accident.

Kaji Sunwar, a Catholic Charities case worker said Darpan "loved  playing with his friends and watching tv and playing with computers.

Buffalo Police continue the investigation and say the driver has agreed to undergo breathalyzer tests although they do not believe alcohol played a roll in this accident.

Catholic Charities has set up a fund to help the Niroula family.  If you'd like to send in a donation, click here.