Two defendants settle with family in lawsuit over boy's bicycle death

By: Dan Galindo | JOURNAL REPORTER
Published: November 27, 2008

Two of four defendants who were sued over the death of a 7-year-old boy have reached settlements, according to an attorney for the boy's family.

The parents of Joshua Beckles-Palomares sued Michael Logan Jr., the city of Winston-Salem, Flow Cos. and homeowner Norman Moore last year, alleging that their negligence led to Joshua's death on May 20, 2006.

Logan was driving on the wrong side of Wells Street when he struck Joshua at the intersection of Wells and Freeman Street. Joshua, who was riding his bicycle, was dragged under Logan's SUV and later died. Logan pleaded guilty to involuntary manslaughter, felony death by motor vehicle and driving while impaired.

Last week, Moore and Flow agreed to settlements with Joshua's family, said Walter Holton, an attorney for the family. Neither Flow nor Moore admitted fault under the settlement, and other conditions are confidential, Holton said.

The city asked Judge Jerry Cash Martin at a hearing Thursday to rule in its favor without a trial. Holton asked Martin to declare that Joshua was not negligent in how he rode his bicycle.

Martin notified attorneys Tuesday that he had rejected both requests, Holton said.

Jim Morgan, an attorney for the city, declined to comment on the ruling. Among Morgan's arguments for the city was that the city had not been notified of any problem at the intersection, that the accident could not have reasonably been foreseen by the city and that the negligence lay with Logan and Joshua.

A point of dispute in the case is whether Joshua rode through the stop sign and into Logan's path. A police investigation found that Joshua did run the stop sign, but an expert hired by Holton is expected to argue that police did not have the evidence to make that finding.

The lawsuit argues that the city has a duty, by both state and local laws, to keep the intersection of Wells and Freeman free from anything that blocks the view of drivers or pedestrians.

A large bush at the intersection, which is by the corner of Moore's property, blocked Joshua's view, the lawsuit alleges. Moore was accused of not trimming bushes next to his property.

A Flow dealership was accused of illegally parking cars along Wells Street, restricting sight lines and contributing to the accident.

■ Dan Galindo can be reached at 727-7377 or at dgalindo@wsjournal.com.