MARTA and one of its drivers are being sued by the mother of a 19-year old Atlanta woman who was struck and killed by a bus in September.

Brenda Travis was hit by a bus driven by 59-year old Leroy Brown on the evening of September 24 as she tried to cross Ralph David Abernathy Boulevard and Lee Street.

Atlanta police say Travis was in a crosswalk, but was distracted on her cell phone when she was hit.  The incident report said Brown was “traveling at a speed that he should have been able to slow down and keep from striking the pedestrian.”  Brown is charged with failure to yield to a pedestrian and homicide by vehicle in the second degree, both misdemeanors.

Travis’s mother, Ilada Travis , filed suit against Brown and MARTA in Fulton County Superior Court on Tuesday.

In the suit, she claims Brown was driving recklessly, and that MARTA knew or should have known Brown was not qualified to drive.