Addison added to suit in boy's death

Nearly three years after a 5-year-old boy's death, the village of Addison may be held partly responsible for a tragedy that his parents argue could have been avoided.

A DuPage County judge granted a request Tuesday to add the village as a defendant in an ongoing lawsuit into the child's April 23, 2006, death.

Luis Enrique Beltran died six weeks after his 5th birthday when a motorist struck him while driving through the alley-style driveway that runs between townhouses lining Michael Lane and Elizabeth Drive, where the child's family lived.

The lawsuit contends the 15 different property owners were negligent in maintaining safety measures in the privately owned alley. The suit, filed one year ago, alleges the property owners failed to install warning signs or devices and allowed speed bumps to be removed.

Attorney Thomas Scherschel, who represents many of the property owners' insurance company, sought to have the village added as a defendant. DuPage Associate Judge Dorothy French granted his request Tuesday.

Luis was killed after he wandered while riding his toy fire truck from his yard and across the alley. The boy's father, Luis Sr, also outside, saw the youngster make it across the alley, but when he told him to stay where he was, his son tried to cross the alley again. He was struck by a car traveling about 20 mph, in excess of the posted 15 mph limit.

The family attorney, George Acosta, researched the property's history and uncovered a 1991 permanent easement in which the village obtained federal funds to bury electric and phone lines in the blighted area.

Acosta argues a speed bump where Luis was struck apparently had been removed and paved over without being replaced during the construction project. The attorney said the alley also lacks any warning signs despite having a lot of traffic and children in the area.

As part of the suit, the family hopes such safety measures will be installed.

"The emotional trauma they've been through is really devastating," Acosta said. "They'd like to see something good come out of their son's death. That would go a long way to resolve this case and ensure he did not die in vain."

The village's attorney, David Freeman, could not be reached for comment Tuesday.

The driver, despite being unlicensed, wasn't ticketed and only had a $20,000 maximum insurance policy. The family reached an earlier private settlement with his insurance company.