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North Carolina Wrongful Death Lawsuit Over Winston-Salem Traffic Accident that Killed 7-Year-Old Bicyclist is Settled with Two of the Defendants

In North Carolina, two of the four defendants named in the wrongful death lawsuit involving 7-year-old Joshua Beckles-Palomares have reached settlement agreements with the boy?s parents. Joshua died in a Winston-Salem motor vehicle accident on May 20, 2006 while riding his bicycle.

The defendants in the North Carolina wrongful death lawsuit are the city of Winston-Salem, driver Michael Logan Jr., homeowner Norman Moore, and Flow Cos. The accident happened at the intersection of Freeman and Wells when Logan, driving on the wrong side of Wells street, hit Joshua. The boy was dragged under Logan?s vehicle and he later died. Logan later pleaded guilty to driving while impaired, felony death by motor vehicle, and involuntary manslaughter. Joshua?s parents are accusing all the defendants of negligence leading to the boy bicyclist?s death.

The family?s lawsuit contends that the city owed a duty of care to make sure that there was nothing at the intersection that might prevent drivers and pedestrians from being able to clearly see the roads. Homeowner Moore was accused of failing to trim the bushes next to his property that blocked Joshua?s view, and one of Flow?s dealerships was accused of also making it harder for motorists to see the road because it illegally parking its cars on Wells Street. Last month, Moore and Flow Cos. reached confidential settlement agreements with Joshua?s family.

Also last month, a judge refused a request by the city of Winston-Salem to rule in its favor without a trial. The city has argued that it did not know there was a problem at the intersection of Wells and Freeman and therefore could not have prevented Joshua?s bicycle death.

A Few 2007 NHTSA Pedalcyclist Facts:

? 698 pedalcyclists died in the United States.
? 44,000 others were injured.
? 15% of all pedalcyclists killed were children younger than 16.
? 18 pedalcyclists were killed in North Carolina.
? 20 others were killed in South Carolina.

Two defendants settle with family in lawsuit over boy's bicycle death, Journalnow.com, November 27, 2008

Bicyclists and Other Cyclists, 2007 Traffic Safety Facts, NHTSA

Related Web Resources:

Separate pain, but common purpose, for mom, officer, Journalnow.com, May 18, 2008

Second Annual Bike Safety Day, RideofSilence.org

Full post as published by North Carolina Injury Lawyer Blog on December 01, 2008 (boomark / email).