Truck Injury Lawyer Discusses Meter Reader Accident
Toddler Run Over By Meter Reader’s Truck
The City of Tampa, Fla. is considering a potential settlement in a negligence lawsuit arising when a city worker drove over a four-year-old boy in a tricycle, the Tampa Bay Times reports. Like most settlements, this one would not require the city to admit any fault, and would place nearly $50,000 into a trust for the boy.
In 2009, Willie Thornton Jr. was meter reader for the City of Tampa. Thornton, while out of his truck, to explain some aspects of his work to a local resident, Donna Holt. The worker then returned to his vehicle and prepared to leave. The resident called out to several children to move away from the truck. However, neither Thornton nor the resident saw four-year-old Esdras Vanegas, who was pedaling his “Big Wheel” tricycle in front of the truck. Thornton’s truck struck the boy’s tricycle, snagging Vanegas in the vehicle’s undercarriage and dragging him for a distance of 13 feet.
Reasonable Care Expected Around Children
Police did not cite Thornton, and the city did not discipline the worker for the incident, who consistently received excellent assessments in his 10 years of employment reviews, including for attention to safety. The boy’s family authorized Holt, and her husband Michael Holt, who are not related to Vanegas, to act on the boy’s behalf. The Holts sued the city, alleging that Thornton was negligent in operating his truck. “When you’re in a residential community, and you know that there are minor children on or near the street, you have a duty to use reasonable care,” explained James Loper, attorney for the Holts. The city, however, contended that Thornton did use reasonable care and was not negligent. The failure, the city argued, rested with Vanegas’s mother, for not watching him more carefully.
Now age 7, the boy has scars near his right eye, right ear and over the upper portion of his body. A plastic surgeon examined Vanegas and opined that repairing his scars probably would cost $35,000 if completed today. However, the surgeon recommended postponing the surgery until the boy is at least 14.
City Considering Settling Lawsuit
Currently under consideration by the city is a settlement in which the city pays $65,000, but admits no liability for the accident. Once the Holts’ attorney receives his fees, and court costs are paid, $46,646 would remain, according to court records. This remainder would be deposited into a trust for the benefit of the boy. Additionally, a guardian ad litem has been appointed on the boy’s behalf as part of the case. The City Council is scheduled to vote on the settlement soon. James Shimberg Jr., attorney for the city, declined to comment on the either case or the settlement.
Contact a Truck Injury Lawyer in San Francisco
Here in the Bay Area, compensation for an injury such as this would likely be significantly higher. In any settlement for a minor, a court hearing is required, and attorney’s fees are often limited by the judge.
If you or your children have been injured by another driver’s negligence, you should consult capable San Francisco accident attorneys about your case. Our San Francisco accident attorneys can help you review your case and determine what rights you have and what plan works best for you. Call 415-541-0300 to speak with an experienced injury attorney.
Boone Callaway is a personal injury & medical malpractice lawyer in San Francisco who has been working with clients in the Bay Area for over 25 years. Mr. Callaway is one of only a few personal injury litigators in San Francisco who is a Super Lawyer, AV Rated and is also a member of ABOTA – American Board of Trial Advocates.
