Principal Sued for Hitting Student with SUV
Posted by: Michael Neff
February 10, 2010
Topic: Traumatic Brain Injury
On January 4, 2009, Ricardo Smith, 15, was crossing the street outside Pennridge Middle School in East Rockhill Tonship, Pennsylvania, when he was hit by an SUV driven by his principal, Margaret Kantes. Smith's parents have filed a lawsuit against Kantes, alleging that she was negligent when she hit Smith.
Smith lived right across the street from the school, and he was making his way across Fifth Street when he was hit by Kantes. Smith's head hit the windshield and he was taken to Lehigh Valley Hospital in critical condition with a severe brain injury, paralysis, fractured pelvis, and other injuries. The Smith family is seeking at least $150,000 in damages in the lawsuit, which was filed in federal court in Philadelphia.
The lawsuit claims that Kantes was speeding and may have run a red light when she hit Smith, according to witnesses. Kantes, 66, was driving to work at the school when her SUV hit Smith.
Earlier this month the Philadelphia Inquirer reported that Kantes will not be charged with a crime. This report came from District Attorney David Heckler, who said that the accident was caused by Smith after he stepped into the road against a traffic light. Heckler said that an accident reconstruction expert concluded that Kantes could not have avoided hitting Smith. The accident reconstruction report estimated Kantes's speed to be between 17 and 22 miles per hour. The speed limit in the school zone is 15 miles per hour. Kantes was not cited for speeding because the report can only offer an estimate of speed and not proof beyond a reasonable doubt.
Heckler also pointed out that it was still dark at the time of the early morning accident, and Smith was wearing dark clothing and possibly listening to music. This may be true, but it doesn't change the fact that the principal was speeding in a school zone, if that turns out to be the case.
Fortunately, our legal system will allow the Smith family to turn to another accident reconstruction expert if they desire and present their own witnesses. The lawsuit alleges that witnesses reported that Kantes was speeding. According to police reports, two bus drivers said that the light was green. A student witness, however, said that the light might have been red.
Let's hope that Smith gets the recovery that he deserves. Traumatic brain injuries are often devastating, life-changing, and difficult to handle for victims and families. Recovery from traumatic brain injury can be a long, frustrating, and expensive process. Sometimes symptoms of traumatic brain injury may not appear until weeks after the accident. Brain injuries may cause changes in physical ability, cognitive ability, mood, and even personality. If you or a loved one have suffered a traumatic brain injury and believe that someone else is responsible, contact a Georgia traumatic brain injury lawyer immediately. Call MLN Law at 404-531-9700 to schedule your free consultation.
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