A Kansas woman whose daughter was struck and killed by a bus near Buttermilk, Colo., is appealing the dismissal of her wrongful death lawsuit.
The Aspen Daily News reports Joanne Borell filed a notice of appeal Oct. 9. District Judge Gail Nichols dismissed the lawsuit against the Roaring Fork Transportation Authority last month, saying it didn’t matter if the bus was speeding because the accident involving 29-year-old Joanie Kocab would have happened anyway.
Kocab was struck at about 2:30 a.m. on New Year’s Day 2012. Investigators say she was wearing black in the middle of the bus lane and was extremely intoxicated at the time.
Kocab had only lived in Colorado for a few weeks before her death, having moved from Wilson, Kansas.
The newspaper reported Friday a message left with Borell’s attorney wasn’t returned.
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