BAKERSFIELD, Calif. — The California Highway Patrol has paid out a settlement of more than $4 million to a child paralyzed in a car crash.
Why is the CHP paying? The child's attorney claims her injuries were made worse by a CHP officer who removed her from the wreck.
This case has been going on for years. First it was thrown out of court by a local judge, then the child’s attorney appealed. Now more than five years later, a settlement has been reached because the appellate court believed the CHP officer was in the wrong for not helping the girl in the right way.
This crash, which was caused by a car thief running from Bakersfield police, robbed Katrina Martinez of the use of her legs. Her attorney, Daniel Rodriguez, has been representing the Martinez family since the crash happened in 2006 and believes her neck was probably broken during the wreck.
A CHP officer arrived on scene after the crash and removed Martinez from the wreckage. Rodriguez said the officer did the right thing by getting the baby out, but didn't take proper care of her injuries.
"According to witnesses, the baby’s head was bobbing back and forth like a windshield wiper," Rodriguez said. "According to the doctors, our doctors, they said obviously it didn't help and it completed the injury."
News of the settlement has many people talking about whether or not the lawsuit was fair.
"I don't think its right, but that's what everyone does nowadays," one Bakersfield resident said, referring to people's desire to sue each other.
There is a law in California protecting Good Samaritans from getting sued if they hurt someone while helping in an emergency situation. We asked Rodriguez why that law didn't apply to the CHP officer.
"In this case, the officer was not a Good Samaritan," Rodriguez said. "If that's what you are getting paid to do, is to help people, you better follow the rules and help people in the right way."
Apparently the appellate court agreed and the CHP has given Martinez $4.5 million to receive care for the rest of her life.
According to Rodriguez, the case has even urged the CHP to make some changes.
"Before this case happened, they didn't train officers on how to get children out of car wrecks," he said. "After this case they now teach them how to do it."
The California Highway Patrol declined to comment on the case or whether or not they've made changes in training their officers.
This is the second settlement for the child. Martinez also received $3 million from a car wash from which the stolen car was taken from. Rodriguez said this money will afford Martinez the chance at the best technology while living with her disability.
Why is the CHP paying? The child's attorney claims her injuries were made worse by a CHP officer who removed her from the wreck.
This case has been going on for years. First it was thrown out of court by a local judge, then the child’s attorney appealed. Now more than five years later, a settlement has been reached because the appellate court believed the CHP officer was in the wrong for not helping the girl in the right way.
This crash, which was caused by a car thief running from Bakersfield police, robbed Katrina Martinez of the use of her legs. Her attorney, Daniel Rodriguez, has been representing the Martinez family since the crash happened in 2006 and believes her neck was probably broken during the wreck.
A CHP officer arrived on scene after the crash and removed Martinez from the wreckage. Rodriguez said the officer did the right thing by getting the baby out, but didn't take proper care of her injuries.
"According to witnesses, the baby’s head was bobbing back and forth like a windshield wiper," Rodriguez said. "According to the doctors, our doctors, they said obviously it didn't help and it completed the injury."
News of the settlement has many people talking about whether or not the lawsuit was fair.
"I don't think its right, but that's what everyone does nowadays," one Bakersfield resident said, referring to people's desire to sue each other.
There is a law in California protecting Good Samaritans from getting sued if they hurt someone while helping in an emergency situation. We asked Rodriguez why that law didn't apply to the CHP officer.
"In this case, the officer was not a Good Samaritan," Rodriguez said. "If that's what you are getting paid to do, is to help people, you better follow the rules and help people in the right way."
Apparently the appellate court agreed and the CHP has given Martinez $4.5 million to receive care for the rest of her life.
According to Rodriguez, the case has even urged the CHP to make some changes.
"Before this case happened, they didn't train officers on how to get children out of car wrecks," he said. "After this case they now teach them how to do it."
The California Highway Patrol declined to comment on the case or whether or not they've made changes in training their officers.
This is the second settlement for the child. Martinez also received $3 million from a car wash from which the stolen car was taken from. Rodriguez said this money will afford Martinez the chance at the best technology while living with her disability.
