Mom sues driver, car owners in crash that killed 2-year-old son
The mother of a 2-year-old boy who was killed in a hit-and-run accident in Fairhill last April has sued the driver and the vehicle's owners.
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The mother of a 2-year-old boy who was killed in a hit-and-run accident in Fairhill last April has sued the driver and the vehicle's owners.
Josephine Rivera, 20, filed a wrongful-death lawsuit in Philadelphia Common Pleas Court over the weekend.
It was about 7 p.m. April 13 when she and her son, David Alicea Jr., were struck by a 2006 white Infiniti on the 2700 block of Mascher Street, where they lived.
The alleged driver, Miguel Colon, 22, of Philadelphia, is in jail awaiting trial on charges of homicide by vehicle and related offenses.
Rivera testified at Colon's preliminary hearing in October that her son rushed into the street and she chased him when she saw the Infiniti speeding toward him. Both were hit. Rivera and her son were taken to Temple University Hospital. Her son was then transferred to St. Christopher's Hospital for Children, where he died three days after the accident.
The lawsuit, filed by attorney Mark Riesenfeld, names as defendants Colon and the owners of the Infiniti, Antoine Davis of Philadelphia and Beth Glace of Williamsport, Pa.
On the day of the accident, Davis, 38, was in Fairhill to help someone move. According to evidence at Colon's preliminary hearing, Davis double-parked the Infiniti and Colon went to move it when he hit Rivera and her son.
Riesenfeld said he did not know the relationship between Davis, who was dating Colon's sister, and Glace. He said both of their names were listed as owners of the vehicle in a police report.
As a result of the accident, Rivera has "suffered serious and severe personal injuries which are or may be permanent," including a fractured skull, the lawsuit states.
Rivera has received $50,000 from an insurance policy under which she was covered and is expected to receive $100,000 more in total from that policy and another policy owned by Glace, Riesenfeld said. Her lawsuit seeks more than $50,000 for continuing medical expenses and for emotional suffering for the loss of her son.
Davis is in custody at the Columbia County Prison in Bloomsburg, about two hours northwest of Philadelphia, awaiting trial on federal drug charges. Efforts to reach Glace were unsuccessful.
215-854-2592@julieshawphilly