The city of Phoenix recently agreed to pay $10 million to settle a lawsuit related to a 2016 accident that resulted in a 3-year-old girl being critically injured. Back on August 16, 2016, Vanessa Andrade was “run over by a police cruiser when she walked across the street after buying ice cream.” Of the $10 million settlement, $7.2 million will be paid by the city and another $2.8 million will be covered by the city’s insurance policy. So what happened? How did a police cruiser hit a child walking in the street?
The city of Phoenix recently agreed to pay $10 million to settle a lawsuit related to a 2016 accident that resulted in a 3-year-old girl being critically injured. Back on August 16, 2016, Vanessa Andrade was “run over by a police cruiser when she walked across the street after buying ice cream.” Of the $10 million settlement, $7.2 million will be paid by the city and another $2.8 million will be covered by the city’s insurance policy. So what happened? How did a police cruiser hit a child walking in the street?
According to the lawsuit, Vanessa and her mother, Tania, were in their front yard shortly before the accident happened. Tania was watering plants while Vanessa played. Around 7 p.m., the sounds of the ice cream truck approaching could be heard. According to the suit, the ice cream truck was traveling down Minnezona Avenue and “parked in front of a stationary Phoenix Police Department cruiser, operated by Officer Annette Bartuch.”
Together with her siblings, Vanessa crossed the street “and stopped at the street to look both ways as they had been taught before safely walking across the street.” Their mother looked on from the yard with her two-month-old in hand. After purchasing her ice cream, Vanessa “stepped from the curb and stopped in front of the truck.” After looking both ways, she opened her ice cream treat to munch on and proceeded to cross the street. That’s when tragedy struck.
Just as Vanessa began crossing the street, Officer Bartuch accelerated, striking Vanessa on the driver’s side. The child was then dragged “under the cruiser while her head and face scraped the asphalt,” according to court documents.
Tania and her 10-year-old and seven-year-old children witnessed the accident and quickly rushed to her side to try to comfort her until emergency personnel arrived.
Later at the hospital doctors revealed that Vanessa suffered a “severe traumatic brain injury” as a result of the accident. Soon after the incident, the family filed the lawsuit against the city, “alleging the officer was negligent.” Prior to the settlement, the case was expected to go to trial.
Before agreeing to settle, attorney’s for the city of Phoenix briefly argued that the “driver of the ice cream truck was partially at fault for the girl’s injuries,” claiming “the vehicle’s hazard lights were not flashing while it was stopped, a violation of rules for street vending.” They also argued that “the officer could not have avoided hitting the girl.”
Since the accident, Vanessa has had to endure a slew of surgeries and is continuing to heal from her ordeal. Shortly after the accident, her father said, “I would like to appreciate everyone that is praying for my daughter and for my family…for her to get better. She’s a fighter…thank you, everybody. Gracias, gracias.”
Patrick J. McGroder, the attorney who filed the lawsuit on behalf of the family, referred to the settlement as an “amicable agreement.” He also added:
“I think this is a compounded tragedy, both for the little girl, Vanessa, as well as the police officer who struck her. The family, as well as our legal team, are very appreciative of the way this case was handled by the city of Phoenix council…Vanessa continues to battle. With God’s help, she’ll hopefully make a recovery that will allow her to at least function and lead a productive life.”
So far, officials for the city of Phoenix have declined to comment on the settlement.
Sources:
Phoenix settling lawsuit for $10 million after girl hit, dragged by police cruiser
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