Case details

Intoxicated minor driver caused subsequent bus crash: defense

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
death, loss of society, multiple trauma
FACTS
During the early morning hours of July 22, 2010, plaintiffs’ decedents Sylvia Garay, 18, Stephanie Cordova, 20, and Vanessa Gonzales, 19, were in a sport utility vehicle traveling on Highway 99, near the McKinley Avenue exit in Fresno, when the driver lost control of their vehicle. The SUV crashed into the center divider and landed on the passenger side, causing the black undercarriage to face oncoming traffic. Approximately two minutes later, a Greyhound bus operated by James Jewett collided into the SUV before Sylvia, Cordova, and Gonzales could get out. As a result, Sylvia, Cordova and Gonzales were killed in the accident. The bus operator, Jewett, also died in the accident, as did two of the passengers on the Greyhound bus. There was a dispute as to who was driving the SUV, but some party members believed that Sylvia was the vehicle’s operator. Surviving passengers on the Grayhound bus and family members of the deceased brought separate actions against Jewett; Greyhound Lines Inc.; and Sylvia’s parents, Olga Garay and Victor Garay, as representatives of Sylvia’s estate. The claims were consolidated and there multiple cross-claims. However, several of the plaintiffs settled out of the case prior to trial. The matter ultimately continued with the claims of the families of Cordova and Gonzales, as well as the claims of Sylvia’s parents, against Greyhound. The families of the girls who died in the SUV claimed that the driver of their vehicle was Gonzales, who had a blood alcohol content of 0.0. Plaintiffs’ counsel argued that Jewett was negligent in the operation of the bus. Counsel contended that Jewett could have avoided the collision by driving slower and not driving in the fast lane. Counsel also contended that, based on the location and damage to Jewett’s eyeglasses, Jewett was speeding and not wearing his required corrective lenses. Defense counsel contended that Jewett was wearing his glasses and that the California Highway Patrol also determined that, based on the damage to the glasses, Jewett was wearing them. Counsel also contended that the CHP determined that Jewett could not have avoided the accident and placed the sole responsibility for the accident with the driver of the SUV. In addition, defense counsel noted the CHP determined that the driver of the SUV was Sylvia and that Sylvia, who was underage, was driving under the influence of alcohol, with a BAC of 0.11. Thus, defense counsel argued that Sylvia was negligent, as she was not allowed any BAC as a minor in California., Sylvia, Cordova and Gonzales all sustained multiple traumatic and died from the accident. Sylvia was 18 years old at the time of the collision. Cordova was 20 years old and had a four month child. Gonzales was 19 years old. Thus, Sylvia’s parents sought recovery of $2 million in wrongful death damages for the death of their youngest daughter. In addition, the families of Cordova and Gonzales, collectively, sought between $12 million and $17 million in wrongful death damages.
COURT
Superior Court of Fresno County, Fresno, CA

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