An 8-year-old boy was injured after being struck by a car while trick-or-treating. Since Halloween he has remained in the hospital and sedated through November 3, according to his grandmother.
The Highway Patrol stated the boy, Tyrell Ellison, ran in front of a sport utility vehicle one street over from his home. He suffered a broken leg and head injury in the accident and was transported by helicopter to UNC Hospitals in Chapel Hill.
According to Ellison’s grandmother, Caldner Ellison, the swelling in his brain has gone down and tests revealed that no damage was done to his spinal cord. She said that he is being kept sedated by doctors, who plan on operating on his thigh. She said the doctors are optimistic about his recovery.
The Highway Patrol said that the driver, 30-year-old Linden resident Christopher Fransen, will not be charged.
Sadly, pedestrian-car accidents on Halloween are common, but so are Halloween candy injuries. Different types of liability surface when a child is injured or becomes ill due to candy - was the manfacturer at fault, the party who provided the candy, the store that sold it? In car accident cases the liability is usually clear. However, in Ellison's accident, the boy ran out in front of the driver.
If the driver had been the at-fault party, he could have been charged with serious offenses and liable for covering the boy's full medical costs as well as an award for future losses should the boy have suffered long-term damage. Learn about other common Halloween accidents to help prevent them from happening.