Tentative Settlement in Trash Truck vs. Boy Case: Attorney

Luke Acuna was injured November 2011 when he collided with a city trash truck

By R. Stickney
|  Tuesday, May 21, 2013  |  Updated 2:02 PM PDT
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Family of Boy Struck by Truck Sues City

Steve Estey, the attorney Luke Acuna's family, said they are suing the city and seeking unspecified damages more than $25,000 dollars.

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The leg of Luke Acuna was amputated after a trash truck struck him in November. Now, he hopes to return home, and with the help of doctors, a mentor, friends and family, Luke hopes to play sports once again. NBC 7 reporter Steven Luke interviewed Luke, his father Anthony, his mentor Travis Ricks and his doctor Andrew Shalsky.
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A boy who lost his leg after colliding with a city trash truck has reached a tentative multi-million dollar settlement with the City of San Diego according to an attorney.

Luke Acuna was riding his skateboard from school to a YMCA in University Heights on Nov. 17, 2011 when he was struck by a San Diego city garbage truck.

The 9-year-old Acuna lost his leg as a result of the crash.

The driver was not cited by San Diego police however the family filed a civil suit against the city in April 2012 arguing the driver made a dangerous K-turn instead of a U-turn. In a “K-Turn," the driver makes a left turn and then reverses back through the intersection before changing direction.

A spokesperson for the City Attorney’s Office said the case is being handled by Grant, Genovese & Baratta outside counsel.

Attorney Jim Baratta told NBC 7 San Diego Tuesday that both sides have reached a tentative agreement for $18.5 million.

The settlement still has to be heard & approved by the San Diego City Council and the San Diego Superior Court.

Ed. Note: A previous version of the article identiifed Jim Baratta as the Acuna family's attorney. We regret the error.

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