According to the original complaint by
The city, developer
According to cross-complaints and other court documents, the city said Hillwood, which was building several large warehouse projects in the area, had control of the location and that Cone Zone was in charge of traffic-control design plans where the crash occurred.
Cone Zone said in court documents it placed the cones before the ditch was dug, and that it had "no duty to maintain the traffic control devices unless Hillwood called out Cone Zone to do so." It also said the city never found the traffic control plan to be unsatisfactory.
Cone Zone also said several other drivers had driven into the open excavation the week before Digiacinto's crash, but it was never made aware of any of those until after the plaintiff's incident.
Digiacinto had been asking for past and future medical expenses, lost earnings, non-economic damages such as pain and mental suffering, and more, though no dollar amount was in the complaint or an amended complaint.
A jury trial had been set for October.
According to the August settlement, companies insuring
In an email Baker said "there is no taxpayer liability" because the settlement is being paid by the insurers.
The parties are releasing all claims against each other.
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