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Mother Sues Driver and Car Owners Over the Death of Her Son

Last April, every parent’s worst nightmare occurred when a two-year-old boy was killed not far from his home. The child was the victim of a hit-and-run accident that took place in Fairhill. Since then, the mother of the child has filed a lawsuit against the driver as well as the owners of the vehicle he was driving. She seeks damages for the pain and suffering she has gone through as a result of the accident.

The Accident

Josephine Rivera, 20, is the mother of the deceased child. She filed a wrongful-death suit in Philadelphia Common Pleas Court over the first weekend of the month.

The hit-and-run accident took place at roughly 7 p.m. on the evening of April 13th. Ms. Rivera was with her son at the time. Both were struck by a white 2006 Infiniti as it drove through the 2700 block of Mascher Street. This was the block they lived on.

The man who is alleged to have been driving the Infiniti is Miguel Colon, 22, of Philadelphia. He is currently in jail waiting to for his day in court on charges of homicide by vehicle and some other related offenses.

At Colon’s preliminary hearing, which took place last October, Ms. Rivera testified that her son ran into the street. While she was chasing after him, Ms. Rivera says she saw a white Infiniti came speeding toward the two of them.

Both were struck by the vehicle. Rivera and her son were both rushed to Temple University Hospital. However, her son had to be transported to St. Christopher’s Hospital for Children. After three days, though, the child was declared dead from injuries sustained by the accident.

The Lawsuit

Ms. Rivera filed the lawsuit against Colon through her attorney, Mark Riesenfeld. However, aside from naming Colon as a defendant, she also names Beth Glace of Williamsport and Antoine Davis of Philadelphia. The two are listed as the owners of the vehicle involved in the accident.

Prior to the accident, Antoine Davis, 38, was helping someone move. This is why he was in Fairhill. As he had double-parked his vehicle, Colon went to move it for him, according to evidence that came out of his preliminary hearing. Sadly, in the act of moving the Infiniti, he struck Rivera and her son.

Reisenfeld says he isn’t aware of the relationship between Glace and Davis. The latter, though, was dating Colon’s sister. However, both of their names are listed in the police report as owning the Infiniti.

Davis is currently being held in custody in Bloomsburg at Columbia County Prison. It’s located two hours northwest of Philadelphia. He is awaiting a day in court on federal drug charges.

Damages Being Sought

The lawsuit cites that Rivera has “suffered serious and severe personal injuries which are or may be permanent” as a result of the tragic incident. Amongst other things, the accident left Rivera with a fractured skull.

Rivera has already received $50,000 which was paid out from an insurance policy she was covered under. She is also expected to receive an additional $100,000 from that particular policy and Reisenfeld has said one that was owned by Glace will pay out.

The lawsuit was filed to demand another $50,000 for Rivera’s ongoing medical expenses as well as emotional suffering originating from the death of her son.

Obviously, this story is an extremely sad one. Although it seems fairly straightforward, though, there are still a lot of other factors that could come to light. Aside from this lawsuit, both men could face other charges related to the accident from the DA’s office as well.