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Boy receives large settlement after running out from in front of ice cream truck

The case concerned an 8 year old boy who ran from in front of an ice cream truck towards his house and was hit by a driver going the speed limit of 40 Km/h. A police reconstructionist at the scene had concluded that the accident was “unavoidable due to the actions of the child.” The boy sustained multiple fractures and a severe head injury, was in a coma for nine days, and hospitalized for over three months. He has, thankfully, recovered well from his physical injuries, but has frontal lobe impairments and will need lifelong therapy and support. 

At trial, the insurance company for the driver of the car adopted the opinion of the police investigator and took the position that the boy was primarily responsible, with some fault attached to the ice cream truck and the parents. Juan Carranza and Moira Gracey argued that the car and the truck were equally negligent. The jury held that the car driver was 50% at fault, the ice cream truck 46%, and the parents 4%. The boy’s behaviour was not judged to be outside the actions of a typical young boy in his circumstances. He was awarded over three million dollars in damages.


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