Tentative Settlement in Trash Truck Vs. Boy Case: Attorney

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

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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