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A jury in a court in Santa Ana will begin to hear opening statements soon two lawyers in a case that threatens to become a very emotional - neglect of the city, on the one hand, and parental supervision, or lack thereof, on the other.
Lawyers on both sides of a case of motorcycle accident has begun to present opening arguments before the potential jurors in the case of two adolescent boys San Juan Capistrano. On March 30, 2005, two teenagers, Trenton Merrill, then a 14-year-old, and Scott Agostini, then 13 years have been riding a dirt bike. Merrill was the passenger. The pair crossed San Juan Capistrano Creek Road and crashed into a BMW. The injuries sustained in motorcycle accident but it was Merrill who took the brunt of the impact. He spent several weeks in hospital experiencing a number of surgeries before his leg amputated. Agostini was released a week after the accident with no permanent damage. The driver of the BMW, Emily Pastore has not injured in the accident.
In the days after the motorcycle accident, Merrill and his family sued the City and as a landscaping contractor for the city. The city's share has continued both Agostini and Pastore, but last week Pastore has dropped the suit.
In opening remarks, counsel for the city based its argument on the boys and their temperament. He said the boys had been encouraged to opt for the sport of motocross racing by their parents, and subjects were using the neighborhood as their own private motocross racing track. He rejected outright the notion that these boys were naive or innocent victims of this tragedy, and said they were already half-Pro motocross riders at the motorcycle accident. And this when the boys were only 13 and 14 years!
In his opening address, counsel for the Merrills, argued that young people had absolutely no time to see BMW Pastore as they cross the intersection because a proliferation of abundant vegetation created a dangerous intersection in the center median. Merrill, he argues, were forced to lose a leg and let go of his dreams, because of the negligence of the City of San Juan Capistrano has failed to make the intersection safe to use for riders. There was no trace of any maintenance performed on the accident site by the contractor landscape. There were no warning signs that could have warned the boys. There was nothing but green brush that blocked views of the boy and led the motorcycle accident.
The case took emotional tone, especially with those who believe that parents of boys were irresponsible by making them dirt biking in the streets. The city attorney has actually used the words "Auto Center" and "disobedient." We are still quite ready to hear all the facts in this case, but it does not seem to be evidence that the boys were accustomed to use the street as a racetrack, as city attorney claimed. Agostinis neighbors say that most of the boys riding was done at the track Running his parents had built for him in court.
It's ridiculous pile all the blame on parents, when the city failed to keep safe streets for people to use. It is as if the city tries to blame others, without recognizing that it also had a role to play in this tragedy. While boys may not have had a place on the roads, but then, this huge brush has no place on this median Center day either.
About the Author:
The Reeves Law Group is a California law firm of dedicated California Accident Lawyers & Personal Injury Attorneys. Need a California Car Accident Injury Lawyer, Auto Accident Attorney, or a California Motorcycle Accident Lawyer? Call (800) 644-8000 for a free consultation.
Article Source: ArticlesBase.com - San Juan Capistrano Dirt Bike Riders Motorcycle Accident Case Begins
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