Case details

Driver claimed child darted into vehicle, causing accident

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
fibula, fracture, leg
FACTS
On June 18, 2017, plaintiff Tony Rios, 5, was playing in the driveway of his apartment complex, in San Diego, when he a vehicle operated by Devynn Glanz ran over Tony’s leg. Tony’s mother, Anabell Rios, acting as her son’s guardian ad litem, sued Glanz and the owner of Glanz’s vehicle, Glanz’s mother, Vicki Sevel. Tony’s mother alleged that Glanz was negligent in the operation of her vehicle and that Sevel was vicariously liable for Glanz’s actions. Sevel was dismissed from the case a few minutes before trial. Tony’s counsel contended that Glanz saw Tony playing in the driveway and that Glanz knew that Tony was not paying attention, as other children outside were also not paying attention. Counsel argued that Glanz should have taken better care when pulling into the driveway and/or instructed Tony to be careful around her vehicle. Rios admitted that she went inside to answer the phone and did not see the accident. Glanz claimed that Tony ran into her vehicle and that she stopped her vehicle after she entered the driveway and saw that her vehicle’s back tires had run over Tony’s leg. Defense counsel argued that Tony darted out and collided with the side of Glanz’s vehicle and that Glanz did everything a prudent person would do when dealing with a young child., Tony sustained fractures of his leg’s tibia and fibula. He was taken to a hospital, where his leg was placed in a cast. Plaintiff’s counsel contended that Tony’s fracture did not heal properly and that Tony would need further care, as Tony could have bowing of the legs and possible gait problems. Rios sought recovery of past and future medical costs, and damages for her son’s past and future pain and suffering. Defense counsel argued that Tony’s fractures healed and that Tony would not require further treatment.
COURT
Superior Court of San Diego County, San Diego, CA

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