Family suing city of San Diego over death of toddler struck by city water department truck

Boy darted into traffic; lawyer claims negligence

SAN DIEGO - A local family is suing the city of San Diego claiming negligence after a toddler was struck by a city water department truck last year.

The toddler was run over last August when he darted onto National Avenue from between parked cars.

Santiago Montes was killed instantly. His mother, Genessis Preciado, said she has tried to block out the memory of the phone call that day.

“I heard my mother-in-law crying and I dropped the phone and ran,” she said.

The pain is still intense for the toddler’s father too.

Jorge Montes lamented, “Honestly, I can't sleep. I think about him every day and it's hard for me still...  like, oh no... I lost my son.”

They have filed suit against the city of San Diego, claiming negligence.

Stephen Estey is their attorney. 

“There were three other passengers in the cab and the three other passengers appeared to have seen the child in the street before the driver did, so she may have been inattentive. We're not sure but we're going to look into that,” said Estey.

Estey won an $18.5 million settlement from the city last year, suing on behalf of young Luke Acuna, who lost a leg when he was struck by a city trash truck in 2011.

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