A 90-year-old driver whose BMW pinned 6-year-old twin brothers against a wall in downtown Menlo Park last fall is vigorously fighting a lawsuit filed by the boys’ family, who noted in an amended complaint that he also had been in a car accident the year before.
The personal injury lawsuit by the Cadigan family alleges that Edward Nelson of Woodside was negligent in causing the Oct. 17, 2013, accident involving the two boys. The suit, which seeks undisclosed damages of more than $50,000, was filed in San Mateo County Superior Court on Nov. 14.
On Dec. 12, Nelson’s lawyers responded to the suit by stating that the children “so carelessly, recklessly and negligently conducted and maintained themselves so as to cause and contribute in some degree to the alleged incident.” They said the boys’ negligence negated or reduced their right to recover financial damages.
Nelson’s attorney, Andrew Lauderdale, also asked the court to deny the family a right to additional damages as punishment.
In a Jan. 28 ruling, San Mateo County Superior Court Judge Joseph Bergeron approved Nelson’s motion to strike punitive damages, stating, “There are insufficient allegations to show that defendant acted intentionally to harm the plaintiffs, or that he engaged in despicable conduct with a willful and conscious disregard of the rights or safety of others.”
According to Menlo Park police, Nelson was pulling his silver BMW sports utility vehicle out of a parking spot in front of the Walgreens on the 600 block of Santa Cruz Avenue at about 2:15 p.m. when he mistakenly pressed on the accelerator and jumped the curb. There was no evidence that Nelson was under the influence of drugs or alcohol.
The boys were walking with a caretaker and another sibling, according to the suit. One twin suffered a broken arm and the other sustained critical, life-threatening injuries that required multiple surgeries and skin grafting, according to the amended suit.
On Feb. 3, the Cadigan family’s attorneys, Michael Kelly and Valerie Rose, filed a revised complaint that says Nelson “knew or should have known, that by reason of his age, poor physical health and impaired driving ability, it was not safe for him to drive a motor vehicle whether or not he was legally licensed to do so.”
Nelson’s license was suspended by the Department of Motor Vehicles after an accident in Menlo Park on Nov. 8, 2012, the suit states, without elaborating about the collision or who was at fault. It notes that Nelson sought and got a new license from the DMV around Aug. 30, 2013, two months before hitting the Cadigan boys.
Lauderdale and Nelson’s other attorney, Rand White, did not respond to interview requests Monday.
The family’s lawyer, Michael Kelly, declined to comment, saying the Cadigans don’t want publicity.
The suit returns to court March 5 for a case-management conference.
Email Bonnie Eslinger at beslinger@dailynewsgroup.com; follow twitter.com/bonnieeslinger.
