As reported by 10 News in San Diego, a lawsuit filed by the family of a young boy that lost his leg two years ago when he was struck by a city trash truck, as the driver was on a cellular phone and making an illegal turn didn't spot him soon enough, has been settled for the amount of $18.5 million.
L.A., now 10 years-old, suffered massive internal injuries as well as the loss of one of his legs during the November 2011 accident. He had been riding his skateboard home from Garfield Elementary School near Meade Avenue and Kansas Street when the truck struck him.
The city of San Diego will be paying the settlement, the driver was not named as a defendant in the lawsuit.
San Diego-based attorney Stephen Estey represented the family in the suit. Estey cited that the fault of the accident was due to the truck driver in the city's employ.
The driver, S.B., was negotiating an illegal "T-turn" maneuver when he collided with L.A. According to Estey, S.B. has had over twelve traffic violations – while on the clock for the city.
Additionally, witness S.F. testified that she saw S.B. using his cellular phone while making the turn. S.F. said, "I was trying to get his attention to tell him and he was on the cellphone."
Estey said, "The reality is this involved a city trash truck driver making an illegal and dangerous turn near an elementary school … and he was on his cellphone. We are hoping by settling this case the city will acknowledge it has safety issues with its trucks."
Investigators employed by Estey's legal team allegedly obtained footage of city drivers that continue to make dangerous T-turns.
Since the accident L.A. has suffered through multiple operations – over 50 so far – and continues to deal with massive internal injuries. The monetary settlement, according to Estey, would be set aside to cover a lifetime of medical expenses and hardships.
Estey said, "The family is happy, but you can never give (L.A.) back the life he had, so this will help compensate for the medical bills, but not for what happened."
L.A. is attending therapy twice a week while attending school. He had enjoyed sports prior to the accident and now takes part in archery and wheel-chair basketball. He has set a goal to "play on the varsity team next season; that's my next record breaker."
This is the largest personal injury settlement for the city of San Diego.
Reporters have learned that S.B. is still employed by the city.
The legal firm representing the city, Grant, Genovese & Baratta, LLP, released a statement that read, "We feel there really can be no winners and losers here. What happened was a tragedy regardless of anyone's fault. We believe it is in everyone's best interests if the case can be resolved without forcing a trial by agreeing on an amount that will reasonably take care of (L.A.'s) past and future medical expenses, care and ongoing needs."
You shouldn't have to suffer with an injury if someone else was to blame. Contact a personal injury lawyer to file your lawsuit today!