$500,000 settlement in foggy day death of Parlier student

Parlier Unified will pay out nearly $500,000 and change its foggy day schedule policy after a lawsuit from the family of a 9-year-old boy who died on his way to school.

A 17-year-old driver hit and killed Diego Estrada on Jan. 29, 2015. It was foggy and wet that morning, so the school district delayed its school buses, leaving Estrada and other students to walk or find a ride to get to school on time. Parlier police say a truck hit Estrada, as he, his sister, and a friend walked to school.

Estrada's parents sued the Parlier Unified School District, blaming them for making their son walk in foggy conditions. A trial this year ended with a hung jury.

Now, plaintiff's attorney Butch Wagner says he settled the case for $500,000. The driver will pay $25,000. Parlier Unified will pay $475,000 and change its foggy day school schedule to make it more flexible.

"They're agreeing to put in their written policy that parents do not have to send their children to school on days that buses are canceled due to the weather if they cannot otherwise get their children to school safely," Wagner said.

The school district agreed to send out the updated policy every school year, sometime before Nov. 1.

Police didn't identify the driver to Action News at the time because he was a minor. But they tell us officers cited him for driving without a license.