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$10 million lawsuit filed against Lodi Unified School District

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Posted: Tuesday, October 25, 2011 12:00 am | Updated: 7:39 am, Tue Oct 25, 2011.

The father of Brianne Prieto, the Lodi High School student who was hit by a car and killed on the way to her bus stop last year, has filed a wrongful death suit asking for more than $10 million.

Andrew Prieto filed suit against the driver and passenger of the car that hit his child, as well as the county, the city of Lodi and the Lodi Unified School District. His other daughter, Valerie, is also named as a plaintiff in the suit. She is seeking restitution for medical expenses. Some of the money, if awarded, will go to an estate trust on Brianne’s behalf.

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15 comments:

  • Kim Parigoris posted at 4:57 pm on Tue, Nov 1, 2011.

    Kim Parigoris Posts: 469

    What better way to voice your opinion about this than to attend the School Board meeting tonight James Areida Education Support Center,
    located at 1305 E. Vine Street, Lodi, CA 95240. 7:00 p.m. If it is not on the agenda, the public can address non-agenda items. Let them know how you feel!

     
  • Robert Chapman posted at 3:22 pm on Mon, Oct 31, 2011.

    Bob Chapman Posts: 997

    Blame set aside, I am always astonished at why the a person that feels they have been "wronged" think that money will make everything all better. I don't mean to sound cold, but this smells of greed, pure and simple.

     
  • Robert Jacobs posted at 10:02 am on Mon, Oct 31, 2011.

    Robert Jacobs Posts: 298

    This is nothing more than a father's grief. The courts, as saddened as they as they and everyone is must rule against this father. This suit is without merit, unless the driver was impaired which doesn't seem to be the case. You do not have to lose a child to empathize with someone who has. But as painful this must be to the father and the family it was an accident and nothing more....

     
  • Darrell Baumbach posted at 12:43 pm on Sat, Oct 29, 2011.

    Darrell Baumbach Posts: 9403

    Maybe you are right Wendy. Please answer a couple of questions. What law is in place that holds a school district liable for the safety of children prior to taking custody of that child. If there is such a law, would that mean if a child walked out his front door, and walked past the property line, and was waiting for a bus and was kidnapped prior to the bus arriving, the school district would be liable?

    Does that mean all children in Lodi, who live in areas where no bus service exists, the child walks to school and is injured in route, the school is liable for damages?

     
  • Wendy Jelks posted at 10:29 am on Sat, Oct 29, 2011.

    wendy j Posts: 2

    your very mistaken, the school is responsible for your child from the time they leave your front door untill the time the get home. if you think im wrong check with your school dist. if your child gets in a fight on they way to school with another child they can be suspended or expelled even if they have yet to reach school grounds. same thing with after school. if your child has left school grounds and gets into a fight with another student the same actions can be taken against your child. The district is responsible for making sure that all bus stops for our children are in a safe location and that the children can reach the stop safely. this is why the lawsuit is being filed. they failed to make sure that the children were safe.

     
  • Darrell Baumbach posted at 5:12 am on Sat, Oct 29, 2011.

    Darrell Baumbach Posts: 9403

    it is not uncommon when a person is lost before their time for the family to seek monetary compensation, hence the term wrongful death lawsuit.

    I'm sorry, but in most cases involving a person lost before their time, wrongful death is not involved... so a reasonable person would not assume a wrongful death lawsuit was warranted automatically as was implied in this post.
    In this particular case, the school was not involved in any way. Until a child gets on school grounds where the school has responsibility to manage the safety of the students. Just like I would not sue an employer if I got in an accident while driving to work, but not there yet, I would not sue the school if on my way there. I think this attorney is taking advantage of a horrible accident and hoping that emotion and politics help the case.
    Wrongful= negligence in someway. This was an awful “ accident”. It happened in my neighborhood where I have walked hundreds of times myself over the years. For this lawyer to suggest 10 million be taken away from the benefit for other students is unconscionable. This was an accident.

     
  • Wendy Jelks posted at 9:34 am on Fri, Oct 28, 2011.

    wendy j Posts: 2

    It is obvious to me that none of you posting have dealt with the loss of a child. Until you have walked in the shoes of this family, losing one daughter and almost losing the second in the same traggic accident, it would be very respectful to keep your comments to your self. it is not uncommon when a person is lost before their time for the family to seek monetary compensation, hence the term worngful death lawsuit. maybe this family would like start an organization with the money or create a scholorship in their daughters name. to speculate that they just want the money for greed and material items is obsurd. to say that money from this lawsuit will only serve as a constant reminder of their pain....as a mother whom has lost a child let me tell you, everything in life is a constant reminder of the child you lost, your hopes and your dreams one day just gone. IT NEVER GOES AWAY!!!!

     
  • Darrell Baumbach posted at 7:30 am on Wed, Oct 26, 2011.

    Darrell Baumbach Posts: 9403

    In a time of grieving, many people do and say things they later regret. If my son had been killed in such an accident, I would for certain not be myself. So I really do not wish to discuss the motives of this lawsuit from from the family. However, the attorney representing the family who is not grieving, should be guiding them to an appropriate resolution. Somehow, 10 million sounds like lawyer think and dollar signs might be swimming in the eyes of this lawyer. If so, I hope the school district spends what it takes to defend themselves as settling out of court for a substantial sum is most likely what this attorney is hoping for.

     
  • branda ward posted at 11:02 pm on Tue, Oct 25, 2011.

    twoisplenty Posts: 1

    first off let me say their is nothing worse in the world than the loss of a child. This will only bring more pain to the family and the other child involved.it was an horindous accident that took a life of a child. Yes. But what will this law suit bring agony and the constant reminderr of what they have lost. The material things they can buy with this money.. If they win? Will never bring her back It will only serve as a constant reminder of thepain. It can only bring this family more pain in the future.

     
  • roy bitz posted at 8:46 pm on Tue, Oct 25, 2011.

    roy bitz Posts: 489

    I belive this was a tragic accident--tragic for the victim--the family of the victim and tragic for the driver and passenger of the car.
    If ten million dollars could reverse the situation I would say let's find ten million dollars and undo the nightmare but no amount of money can restore a life.
    I feel for the family who lost a child. I also feel for the driver and the passenger in the car as they are also victims of this tragic accident.
    So sad that some think they deserve remuneration for the accidental loss of a loved one.

     
  • Alex Kennedy posted at 11:26 am on Tue, Oct 25, 2011.

    Alex Posts: 215

    Laura, ditto. This driver has been through enough. I cannot imagine what it is like to accidently take another life.

     
  • Laura Rouzer posted at 10:12 am on Tue, Oct 25, 2011.

    Laura Rouzer Posts: 55

    The driver was found to be not at fault. I think it is in really bad taste that the family would go after this poor man that was doing nothing wrong. It is the parents responsibility to make sure their child gets to school safe not everyone elses.

     
  • Michael Fair posted at 9:36 am on Tue, Oct 25, 2011.

    mikee_95242 Posts: 2

    What does the school district have to do with this...Nothing..

     
  • Kevin Paglia posted at 8:17 am on Tue, Oct 25, 2011.

    Kevin Paglia Posts: 1884

    I would like to hear the justification for why the PASSANGER is being sued as well. This strikes me as odd.

    Would also like to know if this tragedy would have happened if the two girls had been on the correct side of the road.

     
  • Darrell Baumbach posted at 6:29 am on Tue, Oct 25, 2011.

    Darrell Baumbach Posts: 9403

    I sincerely hope this case is not settled out of court.

     

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