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Personal Injury
Auto v. Pedestrian
Failure to Provide Crossing Guard

Cody Hicks v. Riverside Police Department

Published: Jul. 26, 2008 | Result Date: Oct. 19, 2007 | Filing Date: Jan. 1, 1900 |

Case number: RIC424616 Settlement –  $70,000

Court

Riverside Superior


Attorneys

Plaintiff

Lawrence S. Eisenberg
(Eisenberg & Associates APC)


Defendant

James E. Brown

Douglas C. Smith
(Smith Law Offices LLP)

Gregg Gu


Facts

Plaintiff Code Hicks was a minor student attending Jackson Elementary School, whose habit was to walk to school. Defendants city of Riverside and Riverside Police Department established a School Crossing Guard Program, which included the intersection of Jackson Street and Colorado Avenue. On Jan. 27, 2004, the city did not hire a replacement crossing guard at this particular intersection when it was previously notified that the regular guard could not make it to work. Hicks was hit by a vehicle driven by Jodie L. Williams while crossing at this intersection.

Contentions

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the city of Riverside, Riverside Police Department, Riverside Unified School District, and Riverside County Office of Education should have hired a crossing guard and were obligated to do so.

DEFENDANT'S CONTENTIONS:
The city of Riverside claimed that it was entitled to indemnification from Riverside Police Department.

Injuries

The plaintiff claimed that he suffered an unstable, malaligned open right tibia-fibula fracture.

Result

A settlement agreement was reached, amounting to $70,000 from defendant city of Riverside and the Riverside Police Department. This amount consisted of medical expenses totaling $11,040, attorney fees totaling $15,970, and expenses totaling $7,990. The results for causes of action attacking defendants Williams and Roman are unknown.

Other Information

FILING DATE: Jan. 21, 2005.


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