The Santa Cruz Sentinel has reported that a student and her mother have filed a lawsuit against both the city and school district of Santa Cruz, due to a car accident that injured the former when she attempted to cross the street in front of Mission Hill Middle School.
The 12-year-old student was struck by a pickup truck in December of 2009.
The suit, also naming resident J.H., has been filed against Santa Cruz City Schools and the city of Santa Cruz.
The school and the district are being held responsible for allegedly not providing safeguards on King Street, such as sidewalks, for students. J.H. is named for her part in the accident - as she allegedly nodded from her parked vehicle to the student as a signal that it was safe to cross the street.
The suit says, "The atmosphere at pickup time is a 'free for all' with parents jockeying for space to stop and pick up their students. Double parking, stopping in through lanes, severe traffic disruption with impaired pedestrian and vehicle safety and view of traffic flow is the result."
G.B., the Coty Schools Superintendent, said, "I've met with the city's public works and public safety officials to ensure it's safe. The evaluation is that's it's a safe situation and managed appropriately by the school district.
It's like any place in any city, we depend on people following the rules."
K.N., the girl's mother, said that her 7th grader suffered serious injuries in the accident.
She said that her daughter was trying to reach her when she was hit by a Ford F-150.
There is no crosswalk on King Street in front of the school where the victim, and other students, travel.
The injuries she sustained comprised of a crushed right foot, a compound leg fracture and a tooth was knocked out.
Fearing amputation due to the open wound on her foot, paramedics on scene made the decision to have her transported by helicopter to Santa Clara Valley Medical Center.
K.N. said that her daughter underwent plastic surgery on her foot, and pins were affixed in her leg, during a weeklong hospital stay.
The lawsuit is asking for $130,000 for the hospital bill. And, as the child, now 14, continues to suffer with "a lot of foot, back and neck pain" they are seeking damages for pain and suffering.
All in all, the suit seeks "general damages" for whatever the jury finds as fair compensation, per San Luis Obispo-based attorney Lisa Dupuy.
Besides her injuries and permanent scarring, the victim now has one foot slightly shorter than the other.
The city, the school district and J.H. have filed counter suits against the mother and daughter. They are stating that all acts of negligence and injuries are the fault of the victim alone, and that they are not liable.
The truck driver's insurance company settled with K.N. in the amount of $100,000.
If you an unsure as to whether an injury you've sustained was do to the negligence of another party, click here to contact a personal injury lawyer for advice. You may have grounds for a lawsuit and monetary compensation.