A school bus company has agreed to pay $5 million to the family of a child with disabilities who died after a school bus attendant allegedly failed to notice the girl was suffocating.

Fajr Williams, 6, was being transported on a bus operated by Montauk Transit of Hillsborough to a summer school program on July 17, 2023, when a strap on her wheelchair allegedly caused her to suffocate. On entering the vehicle, the child's wheelchair was secured in the rear by bus monitor Amanda Davila. During the half-hour ride, a series of bumps caused the child to slump in her wheelchair, making the 4-point harness that held her in place to become tight around her neck, according to an investigative report by the Somerset County Prosecutor's Office.

When the bus reached its destination in Franklin Township, the child was unresponsive, and CPR was administered, the prosecutor's office report said. She was taken to a hospital where she was pronounced dead a short time later, the prosecutor's office said. During the trip, Davila, the monitor, was seated toward the front of the bus, using her phone and wearing earbuds in both ears, in violation of company policy, the prosecutor's office said.

Paul da Costa of Sarno da Costa D’Aniello Maceri. Courtesy photo

Davila was charged with second-degree manslaughter and second-degree endangering the welfare of a child. A jury convicted Davila of endangering but found her not guilty on the manslaughter charge on Monday, according to media accounts. She faces a minimum of five years in prison when sentenced on March 7.

The child's parents, Wali Williams and Najmah Nash, who are divorced, and the child's estate brought claims against Montauk Transit. The case was settled presuit for $5 million in November 2024, with Williams and Nash each receiving half.

Steven Wigrizer of Saltz Mongeluzzi Bendesky. Courtesy photo

After contacting Montauk Transit, the plaintiffs learned that the company had $5 million in insurance coverage, said Paul da Costa of Sarno da Costa D’Aniello Maceri in Roseland, who represented Williams and the child's estate. His co-counsel was Steven Wigrizer of Saltz Mongeluzzi Bendesky in Philadelphia, who represented Nash and the estate.

Da Costa credits the defense for not falling into the common practice in personal injury litigation of discounting a recovery when the injured party is a disabled child.

"Despite the little girl being significantly physically and mentally disabled, we feel that the $5 million settlement is a good and fair result, all things considered. We were happy that there were no discounts given just because the little girl was a disabled child. And I think the $5 million settlement reflects that. Disabled children and adults should have their pain and suffering valued equally, " da Costa said.

"I think there are attempts at times by some defense attorneys and some insurance companies to try and leverage the fact that a child is disabled and therefore may have a limited life expectancy, may not have the ability to live as full of a day-to-day life in their minds as an able-bodied child. But you know, to their credit, the defense in this case was willing to not engage in those types of tactics," da Costa said.

David Osterman of Goldberg Segalla in Princeton represented Montauk Transit. He did not respond to requests for comment about the settlement.