Slideshow The Oct. 17 accident scene where a BMW SUV jumped on to the sidewalk, pinning 6-year-old twins against a wall next to Walgreens on Santa Cruz Avenue. (Photo by Michelle Le/The Almanac.) Previous Next

The 90-year-old driver of a car that reportedly pinned 6-year-old twin brothers against a wall on Santa Cruz Avenue has denied all responsibility for the resulting injuries, claiming the children were engaged in behavior that was reckless, careless and negligent.

The driver, Edward Nelson of Woodside, made that claim in his response to the Cadigan family's lawsuit naming him as the defendant. According to the lawsuit, filed on Nov. 14, the Cadigan twins and their 9-year-old brother were walking along Santa Cruz Avenue in Menlo Park when a BMW SUV with the license plate "EN ESQ" jumped on to the sidewalk, striking the twins.

The Oct. 17 crash broke one twin's arm and left the other 6-year-old boy in critical condition; he was released from Stanford Hospital following a five-week stay and multiple surgeries. The family seeks punitive as well as general damages on behalf of all three boys for their injuries, which the lawsuit describes as ranging from multiple, extensive skin grafts and damage to the lower body; orthopedic and soft-tissue damage to the upper body; and emotional trauma.

Mr. Nelson states in his response to the lawsuit that the plaintiffs "carelessly, recklessly and negligently conducted and maintained themselves" in a way that contributed to the accident. Furthermore, "knowing the probable consequences thereof, (they) placed themselves in a position of danger and voluntarily participated in all the activities," and so assumed any related risks. Finally, the plaintiffs failed to "reasonably mitigate" any damages they sustained.

At the time of the accident, Mr. Nelson'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.