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Lawsuit filed against driver who hit 6-year-old twins ■
Menlo Park boy goes home from hospital after five weeks.
By Sandy Brundage Almanac Staff Writer
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Menlo Park family has filed a lawsuit against the driver of a car that reportedly jumped a curb and pinned two 6-year-old twin brothers against a wall in downtown Menlo Park. The Oct. 17 crash left one boy in critical condition. After multiple surgeries, he was released from Stanford Hospital following a five-week stay, according to police. The other boy sustained a broken arm. According to the lawsuit, the Cadigan twins and their 9-year-old brother were walking along Santa Cruz Avenue near Walgreen’s when a BMW SUV with the license plate “EN ESQ” jumped across the sidewalk, striking the twins. The lawsuit identifies the driver as Edward Nelson of Woodside. Police had withheld his name since no criminal charges had been filed; at the time of the accident, the 90-year-old man’s
license was confiscated and he was ordered to schedule an examination within five business days with the DMV, or risk suspension of his license. Police Cmdr. Dave Bertini said he didn’t know whether Mr. Nelson followed through. “Once we do the initial paperwork for the suspension pending a retest of a driver, it is then out of our hands and goes to the DMV Office of Driver Safety. That entire process is administrative in nature, not criminal and does not involve the police department unless the officer that issued the priority re-examination form needed to answer any questions for the DMV,” he said. As Mr. Nelson held a valid license and wasn’t under the influence of alcohol or other drugs at the time of the accident, he faces only an infraction. Investigators have completed their work and sent the case to the District Attorney’s Office, which will decide whether to
file a charge for driving on the sidewalk, according to Cmdr. Bertini. Filed in San Mateo County Superior Court on Nov. 14, the lawsuit seeks punitive as well as general damages on behalf of all three boys for their injuries, which range from multiple, extensive skin grafts and damage to the lower body; orthopedic and soft-tissue damage to the upper body; and emotional trauma. The filing states that the injuries may be permanent. Attempts to reach Mr. Nelson on Monday afternoon were not successful. He graduated from Stanford Law School and was licensed to practice law from 1957 to 2001, according to the California State Bar. The Cadigan family is represented by Michael Kelly and Valerie Rose of Walkup, Melodia, Kelly & Schoenberger, located in San Francisco. A case management conference has been scheduled for March 2014.
REAL ESTATE TRENDS by Samia Cullen
Cost Versus Value for Your Home Remodeling Projects If you are a homeowner who is thinking about selling your home within the next year, you are probably wondering whether there are any remodeling projects that will provide a good return on your investment. Optimizing the use of space in a home will not only attract more buyers but also give sellers a good return on their investment. You must first decide on the size of the project you are willing to tackle. Creating a memorable first impression often can be accomplished through small-scale projects. For example, a nice entry door replacement or a garage door replacement will bring a good return on your investment. Adding a master suite or a room in the attic is a more extensive project that also offers a good return. Be sure to hire a good architect to help you come up with a functional floor plan. Having a family room that opens to
a kitchen is highly favored by most buyers. A remodel that opens the kitchen to the family room or even to the formal existing living room is another project with a good return on investment. Formal living rooms, as well as formal offices with wood cabinets, are not in high demand in today’s market. Upgrading kitchens and baths is still a smart bet. However, home owners usually will benefit more by foregoing super deluxe projects in favor of mid-range kitchen and bath remodels. Judicious home remodeling is still worth the investment. Discuss your future remodeling plan with your agent before you start the remodeling project. Your agent can help you plan a remodel that will bring buyers to your home and increase the return on your investment.
If you have a real estate question or would like a free market analysis for your home, please call me at 650-384-5392, Alain Pinel Realtors, or email me at scullen@apr.com. For the latest real estate news, follow my blog at www.samiacullen.com
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Report on bus-vs.-crossing-gate probe By Sandy Brundage Almanac Staff Writer
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SamTrans bus entered a railroad crossing as lights were flashing, but before the gate lowered, according to an internal investigation of a July incident in Menlo Park that left a railroad crossing arm broken, an agency spokesperson said. Bus 119, running route 296, had just left the Menlo Park Caltrain station carrying five passengers before breaking off the railroad crossing arm shortly before 9:30 a.m. on July 30, SamTrans spokeswoman Christine Dunn told the Almanac. Seconds later, southbound train
230 arrived and ran over the broken crossing arm. No one was injured. A witness had reported hearing “a loud snapping sound” and seeing the bus hurtling across the tracks as the crossing arm flew through the air and landed on the tracks at Oak Grove Avenue. Ms. Dunn said a video recording from a camera mounted on the bus showed that it did not crash through the crossing arm. The lights were flashing as the bus entered the crossing and the gate was up, but as the bus continued, the gate came down on the roof of the bus, toward the
rear, and broke away on impact as it is designed to do, she said. The driver, an employee of the transit agency for more than 10 years, continues to be employed by SamTrans, Ms. Dunn said. Disciplinary action, if any, would be a confidential personnel matter, the agency said. California’ vehicle code requires drives to stop buses between 15 and 50 feet from a railroad crossing and listen for approaching trains before proceeding across the tracks. If gates are down, drivers must wait until the arms rise and warning bells stop ringing, according to SamTrans policy. A
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