Cancer Survivor Sues Dallas County Schools

DALLAS (CN) - Dallas County Schools fired a bus monitor whose cancer medication made him soil himself after a supervisor repeatedly refused to stop the bus at a bathroom for him, the man claims in court.

Paul Green sued the school district and his former boss, Carlos Barillo, in Dallas County Court.

Green says that due to hypertension and congestive heart failure, he must take a combination of diuretic drugs that remove fluid from his heart and give him the sudden urge to urinate.

He says he was on a bus run with Barillo on Aug. 30, 2011, and Barillo repeatedly refused to stop at a bathroom for him.

"Due to Barillo's refusal to stop and allow the plaintiff to relieve himself, plaintiff was unable to control his bodily fluids and unfortunately urinated on himself while on the bus," the complaint states. "Plaintiff was humiliated and asked Barillo to pull over so that he could clean himself. Barillo again refused. As a result, plaintiff was forced to place a towel in his sweat pants to absorb the urine in an effort to clean himself up."

The next day, Green reported the incident to the school district's area director, who transferred him to another bus, according to the complaint.

Green says he underwent colon cancer surgery a week later and within a week of returning to work in September, he was fired.

The dismissal accused him of "unprofessional conduct," that he had admitted "to urinating on yourself and in a water bottle while onboard the school bus," the complaint states.

"Although no students were onboard the bus at the time of the incident, you failed to protect the health and safety of the students boarding at your next scheduled stop from exposure to bodily fluids, by continuing to perform your functions as a bus monitor after the incident."

Green claims that Barillo asked him to buckle the seatbelt of a wheelchair-bound student, and that he did so without leaving his seat or coming into contact with the student.

He says Barillo was not disciplined for the incident, but received a one-day suspension with pay.

Dallas County Schools provides transportation, instructional medial, psychological and technology services to the fourteen independent school districts in Dallas County. It operates the fifth-largest school bus fleet in the country, with 2,000 buses transporting 60,000 children to and from school each day, according to its website.

Green is seeking actual damages and punitive damages for intentional infliction of emotional distress, unlawful retaliation and discriminatory discharge due to disability. He is represented by Matthew Scott with The Kendall Law Group.

Follow @davejourno

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