Family of boys pinned against wall in Menlo Park car accident can’t seek punitive damages from elderly driver
|By Bonnie Eslinger, Palo Alto Daily News, Calif.|
|McClatchy-Tribune Information Services|
As a result of the
But the family's lawyers,
In court, Rose said that Nelson, an attorney who uses a walker and a cane, had the wherewithal after the accident to call his insurance agent despite needing help to get out of his vehicle.
Novak noted that at the time of the accident, Nelson was a "validly licensed driver" and just because he needed support to walk or was assisted after the accident doesn't mean he should pay punitive damages.
Nelson's lawyers have vigorously fought the lawsuit and in a
But Nelson's legal team took a softer stance in a
The suit returns to court
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