Parents Successful in Painful Wrongful Death Suit against Pizza Delivery Driver

June 28th, 2010

The parents of Alex Racine sued in the wrongful death of their five-year-old son. The child was belly surfing on a skateboard across the street from his home and subsequently struck and killed by a Domino’s Pizza delivery person. The Defendant’s position was that the driver of the car could not see Alex. The Defendants also claimed contributory negligence on the part of the child for his actions and his parents for inadequate supervision.

Plaintiffs successfully asserted that at five years old, Alex was incapable of contributory negligence. Plaintiffs’ counsel hired an accident reconstruction expert who demonstrated through computer analysis that the driver had ample time to see Alex prior to striking him. This case settled for a substantial amount of money just prior to a scheduled jury trial.

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