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Lawsuit filed against driver who struck 6-year-old twins

Original post made on Nov 26, 2013

A Menlo Park family has filed a lawsuit against the driver of a car that reportedly jumped a curb and pinned two 6-year-old twin brothers against a wall.

Read the full story here Web Link posted Tuesday, November 26, 2013, 7:50 AM

Comments (7)

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Posted by SteveC
a resident of Menlo Park: Downtown
on Nov 26, 2013 at 4:15 pm

SteveC is a registered user.

The three boys? I thought it was twins. Isn't that two not three??


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Posted by Sandy Brundage, Almanac Staff Writer
a resident of Menlo Park: Downtown
on Nov 26, 2013 at 4:42 pm

"According to the lawsuit, the Cadigan twins and their 9-year-old brother were walking along Santa Cruz Avenue..."

The twins were hit; their older brother witnessed the accident.


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Posted by best wishes to the victims
a resident of Menlo Park: Downtown
on Nov 26, 2013 at 6:35 pm

This is such a sad case. Small children should not have to go through this kind of pain. I hope that the injured children are making a full recovery and won't need any more surgery. I hope that the driver is paying their full medical and rehab expenses even without the lawsuit.


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Posted by Neighbor
a resident of Menlo Park: Central Menlo Park
on Nov 26, 2013 at 7:14 pm

This is an unfortunate accident for everyone and my heart goes out to the family. That being said, on what basis is the family filing a lawsuit? Mr. Nelson has to live with this. The bigger issue is with the state and I find a personal lawsuit against Mr. Nelson to be very unfortunate. This was an accident. It would be more productive for citizens to focus on changing the laws to require a mandatory annual driving test for the elderly.


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Posted by Hmmm
a resident of another community
on Nov 26, 2013 at 8:22 pm

This lawsuit is likely a necessity and I'm sure on some level Nelson understands that, [portion removed]. Hopefully, his driving days are indeed over and he gets help from friends or family for his appointments, shopping, errands, etc.

Godspeed to all of the Cadigans. I've been thinking about them a lot, as the holidays approach.


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Posted by Menlo Voter
a resident of Menlo Park: other
on Nov 27, 2013 at 7:12 am

Menlo Voter is a registered user.

neighbor:

this was not an "accident." An accident is when something happens that is beyond anyone's control. This was improper operation of a vehicle by someone that most likely shouldn't have been behind the wheel in the first place. That's the basis for the lawsuit. Negligence.


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Posted by javaplace
a resident of another community
on Nov 28, 2013 at 2:34 pm

javaplace is a registered user.

In fact, note that The Almanac itself calls it a "crash" (second paragraph), not an "accident". Menlo Voter has it precisely correct. I would also add that unless civil action is taken, Mr. ESQ would only be charged with "driving on the sidewalk",should the DA decide to take action - a ridiculous charge considering the harm, including what I suspect will be permanent scarring, he caused.

I think the law has a long ways to go when it comes to charging drivers for the personal harm, including death, they cause - unless they are "driving under the influence" or they "flee the scene". A good read on Planetizen.com:
"Death By Auto: Are They Always Accidents?" (Web Link)


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