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
Douglas C. Smith
(Smith Law Offices LLP)
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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