A jury has declined to find a woman liable for an accident that left a child dead and injured his mother and baby brother as the three crossed a dark Gwinnett County road. The decision not to hold the driver responsible for the death of 3-year-old Aldair Hernandez is the first of three suits arising from the accident; actions on behalf of the mother, Eriberta Mota, and 2-year-old Miguel Angel Jaimes are pending.
According to court documents and winning defense attorney J. Robb Cruser of Norcross’ Cruser & Mitchell, Mota was crossing Beaver Ruin Road at about 9 p.m. on the night of Nov. 27, 2005, en route to a pay telephone to call her husband at work. She was holding the 2-year-old in her arms and Aldair’s hand and had almost crossed five lanes of traffic when they were hit by a 2004 Volkswagen Passat driven by Yoonhae Lee, who was driving to her parents’ home in Grayson from a church event in Alpharetta.
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