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Massachusetts Injuries to Minor Lawsuit Seeks Damages for 1-Year-Old Injured in Wal-Mart Car Crash

The mother of Makayla Hayes, 1, is suing the 93-year-old Peabody driver for the little girl’s injuries. Louis Vesprini accidentally drove his car into a Danvers Wal-Mart in June. Alaina Hayes, a Gloucester resident, was pushing her daughter in a stroller when the Massachusetts car accident happened. Makayla fractured her jaw and her skull.

Louis Vesprini reportedly stepped on the gas pedal instead of the brake when trying to park his car. He drove through two red posts before crashing through the Wal-Mart’s exit doors.

Now, Alaina his seeking unspecified damages from Walmart and the 93-year-old Massachusetts driver. While Wal-Mart obviously did not cause the Danvers car accident, the safety barriers it set up to keep cars from driving into the department store were allegedly spaced incorrectly.

Makayla has already had two surgeries and is expected to undergo another one. Because her head hit a cash register, doctors are concerned that the little girl may also have a traumatic brain injury. This would likely require additional medical care. While Alaina’s physical injuries are not as serious, she sustained mental trauma from the Wal-Mart accident.

Yesterday, Vesprini pleaded not guilty to one count of negligent operation of a motor vehicle.

Boston Injury Lawsuits
A driver accused of causing a collision can be held accountable in criminal court. Separate from that, he or she can also be held liable by the Boston car crash victim in civil court.

In Massachusetts, only adults can file a personal injury claim or wrongful death lawsuit. Minors can obtain compensation, but an adult or guardian will have to file the Boston injuries to minors complaint on their behalf.

93-year-old Peabody driver arraigned in Wal-Mart crash, Boston.com, October 23, 2009
Elderly Driver Crashes Car Into Danvers Wal-Mart, WBZ, June 2, 2009

Related Web Resources:
Head Injury, Age 3 and Younger – Topic Overview, Web MD, October 23, 2009
When is it time to put the brakes on elderly?, USA Today, May 2, 2009