Judge Rules in Favor of Driver Who Struck Boy Who Ran Out From Behind Ice-Cream Truck

A six-year-old pedestrian who ran out from behind a parked ice-cream truck was struck by the defendant’s car. Defendant testified he was driving his car at 25 mph or less and was slowly making a right turn when the young boy ran out from behind the ice-cream truck which was perpendicular to his traffic path just as the front bumper of the defendant’s car just past the rear bumper of the parked ice-cream truck.

The plaintiff’s counsel argued that the pedestrian crossed at a diagonal pattern so the defendant should have been able to stop his vehicle. The boy’s injuries included fractures to the third and fifth metacarpal, wounds on his upper arm and right foot. Plaintiff received emergency treatment and two days of hospital observation before receiving orthopedic surgery. Plaintiff’s counsel claimed the accident caused scoliosis, that scar division was required for this arm and foot discoloration. Future treatment would be necessary.

A defense verdict was rendered after a six-day trial and two-hour deliberation from the jury.