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Court dismisses lawsuit filed by student hit by vehicle during anti-Trump freeway protest

A judge has tossed out a personal injury lawsuit filed by a young woman who sued UC San Diego and others after she was hit by a vehicle as she protested the election of Donald Trump in the middle of a busy San Diego freeway.

The San Diego Superior Court has issued a notice of dismissal against Maria Ana Carrola Flores’ case, according to court documents obtained by The College Fix.

Flores, reportedly a UCSD student at the time of the November 2016 incident, partly blamed campus officials in her lawsuit, alleging Resident Advisors had effectively organized the protest by encouraging it, therefore campus officials shared responsibility for her injuries.

Her case was officially dismissed without prejudice on May 26, court documents show.

Reached for comment, her attorney Jerold Sullivan told The College Fix that the outcome was “a tragedy” and that the case will not be refiled.

“The person that ran her over did not have insurance and is judgement proof with no assets. Ms. Flores is left with no recourse for catastrophic physical injuries and a lifetime of medical expenses,” he said.

UCSD declined to comment to The College Fix.

During the early morning hours of Nov. 9, 2016, Flores and her peers had been demonstrating against the victory of Donald Trump’s presidential election when the protest eventually spread onto the I-5, a very large and busy eight-laned freeway that cuts through San Diego.

An emergency vehicle driving in an “S” formation was attempting to shut down traffic. Nevertheless, Flores was accidentally hit by a vehicle, resulting in a crushed pelvis, fractured leg, and other injuries, according to news reports.

The lawsuit, filed in 2017, named as defendants the UC system Board of Regents, the city and county of San Diego, the driver of the vehicle, and UC San Diego.

But late last year, Sullivan had filed an amended complaint that did not name the city and county of San Diego as defendants after a judge ruled the two entities bore no responsibility in the case, the UCSD Guardian reported.

Sullivan has noted that Flores never saw herself as completely fault-free in the accident, yet others listed in the lawsuit should be required to bear some of the responsibility.

“We think it’s a case of shared responsibility of the school, Maria and the driver, and we’re not saying that anybody is without fault or fault-free,” Sullivan told the LA Times in 2017. “We think other people bear some responsibility as well.”

MORE: Students block major San Diego freeway to protest Ferguson

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About the Author
Drew Van Voorhis attends San Diego State University, majoring in business. On campus, he is involved in College Republicans and is an active member of PragerFORCE.

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