Panish | Shea | Ravipudi LLP attorneys Adam Shea, Ryan Casey, and Jordan Phillips obtained a $12,515,000 settlement for the parents of 12-year-old Aiden Ortiz, a student at Melva Davis Academy of Excellence in the Adelanto Elementary School District, who was struck and killed by a vehicle on his way to school. At the time of the incident, Aiden was attempting to access a school bus stop near his home. Due to the location of the bus stop, Aiden was required to cross four lanes of traffic and a center median to reach his destination. While attempting to cross the roadway, he was fatally struck by a vehicle. There were no marked pedestrian crosswalks or traffic controls of any kind at or near the vicinity of the bus stop and no crossing guards were provided to assist students.
Plaintiffs filed a lawsuit against the school district, and other government entities, for dangerous condition of public property and placement of the bus stop in violation of California Code of Regulations Title13 § 1238(b)(3), as it forced students, including Aiden, to access the bus stop by crossing a busy four-lane road without any form of traffic control measures.