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February 4, 2021

Appellate Highlights

Appellate Highlights Caveat – Any of the Court of Appeals cases listed may currently be on review pending reconsideration. Dinsmoor v. City of Phoenix and Deer Valley USD 1 CA-CV 19-0045 (6/30/20) A high school student shot and killed his classmate and then himself off campus. The classmate had previously reported threats to the school […]

 

 

Toddler Dies After Head-on Collision

A three-year-old boy died earlier this month as a result of critical injuries received following a head-on collision in Phoenix on October 12.

Phoenix Police say 19-year-old Edgar Martinez tried to pass a vehicle near 31st Avenue and Acoma Drive while traveling at a high rate of speed on Saturday, October 12.  While attempting to pass the vehicle, Martinez lost control of his Acura, crossed into the oncoming lane of traffic and crashed head-on into a Nissan.  Martinez’s vehicle flipped over, while the Nissan was forced backwards by the force of the collision.

Martinez was fortunate in that he received only minor injuries in the collision.  His passenger in the front seat sustained serious injuries and was transported to a local hospital.

Phoenix police Sergeant Steve Markos stated the driver of the Nissan and two children in the car sustained non-life threatening injuries.  Tragically the three-year-old in the Nissan sustained critical injuries in the crash and succumbed to those injuries at a local hospital two days later.

Martinez, according to one of the officers at the scene of the collision, showed signs of impairment, and, according to court documents, admitted to the use and possession of marijuana.  He was booked into Maricopa County Fourth Avenue Jail and was charged with four counts of aggravated assault and one count of endangerment.

With the death of three-year-old Eric Garces, according to Sgt. Markos, Martinez will now most likely face manslaughter charges.

If your child has died in an automobile accident due to the negligence of another driver, an experienced Arizona child injury attorney can assist you with both insurance and legal matters.  Not only are you facing the heart wrenching loss of your child, but you may be facing financial losses, which include lost income, extensive medical bills and the loss of your vehicle, as well.  A compassionate and committed attorney will work tirelessly on your behalf to protect your rights and ensure that you receive the compensation you deserve.

Original story found here.

 

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  • 10.0Shane L Harward

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