Tort Law

Dad of hurt girl sues home insurer: House guest's chain saw prank a foreseeable cause of truck crash

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The parents of a girl struck by a truck in an Omaha, Nebraska, street on Halloween 2011 have sued a home insurance company, among other defendants, seeking compensation for her injuries.

The Douglas County Court complaint contends homeowner Hilda Martinez bears some responsibility for the accident, because she allowed guest Frank Alba to lurk at her home in a chain saw massacre murderer costume that included an apron streaked with fake blood, Courthouse News reports. When children approached, Alba allegedly revved a real chain saw at them, causing Leslie Garcia to flee in terror into 36th Street, where she was struck by a truck.

“It was foreseeable and predictable,” the suit says, “that … wielding a live, running chain saw and chasing children could result in children fleeing in all directions, including into 36th Street, a known busy street, and such could result in serious harm or death to children.”

In addition to American Family Insurance Co. and Martinez, the suit also names Alba and the driver of the truck as defendants.

See also: “Teen’s Lawyer Threatens Litigation over a Teacher’s Bad Halloween Prank” “Are haunted houses liable for fright injuries? Louisiana opinions say no”

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