In a freak accident where a woman unwittingly injured several children as she drove into a school, the rental vehicle she was issued had its car mats flipped over in an attempt to keep them clean which had allegedly caused them to get lodged under the gas peddle. Families of those injured have settled with the driver, auto dealership and insurance companies, as reported by The Times-Picayune.
The settlement amount, accepted on September 24, is confidential. The suit was filed in March of 2011 by M.G. and R.B., parents of a 9 year-old injured girl.
Six children were injured, two seriously, at the Stepping Stones Montessori School in Terrytown during the accident on December 8, 2010.
E.H., 34, drove a 2011 M37 Infinity through a brick wall and window, directly into a classroom.
The lawsuits claimed that employees from Ray Brandt Infinity of Metairie were partly responsible for the crash. E.H. had brought her own vehicle in for service at Ray Brandt and the Infinity was loaned for her to use while she waited.
Employees turned the floor mats over in the loaner to keep them dirt-free – but instead the act caused the mats to "became pushed-up under the gas and brake pedal, prohibiting her from stopping the vehicle."
The car then proceeded to drive over a concrete barrier in the parking lot before it came to a rest inside the school's classroom.
According to the family's attorney, Donald Foret, the 9 year-old girl suffered with injuries that have accounted in medical bills, so far, of $742,000.
A second lawsuit filed on behalf of an 11 year-old boy, alleges the same negligence and resulting in similar injuries. That case was filed by attorney David Courcelle, representing the child's parents, S.S. and J.S., in the state court in Jefferson Parish.
The Sheriff's Office accident reports lists the ages of the injured children between six and 10. Also in the report are details of the injuries. S.S. and J.S.'s child suffered several injuries, including a broken leg and collapsed lung. M.G. and R.B's child is listed as having internal injuries.
The school was dismissed as a defendant. As the trial date inched closer the dealership, insurance companies and E.H. were still negotiating a settlement.
Just prior to the jury selection on September 24 in Judge H.L.'s court, a settlement was reached with Ray Brandt Infinity. Just after the jury was selected a settlement was made with the insurance companies and E.H.
In 2011 E.H. faced a charge of negligent injury and pleaded not guilty in the 2nd Parish Court in Gretna. If found guilty E.H. faces a maximum sentence of 6 months in jail and a $500 fine.
The accident report stated that no fastening clips for the floor mats were located, and the floor mat had been overturned.
If you have a case of personal injury, physical or emotional, contact a personal injury lawyer to file your lawsuit suing for damages right away!