FRESNO – The family members of a man killed in an auto accident in 2016 are seeking damages from a utility company.
Maria Elena Gonzalez, individually and as guardian ad litem for Luis Daniel Noguez Martinez, et al. filed a complaint on Aug. 10 in the Fresno County Superior Court against Pacific Gas and Electric Co., Jose Luis Noguez Servin and Does 1 to 75 alleging negligence.
According to the complaint, on Aug. 28, 2016, plaintiffs' decedent Daniel Martinez Cabrera and Maria Martinez Gonzalez were traveling westbound on Nebraska Avenue approaching the intersection of Nebraska and Peach avenues in Fresno County when driver Epitacia Preciado Guerrero failed to stop for the posted stop sign and struck their vehicle.
The suit states the vehicle Cabrera and Gonzalez were in then struck a wooden power pole, which broke at the base, causing the vehicle to be "engulfed in flames" and causing their deaths.
The plaintiffs holds Pacific Gas and Electric Co., Noguez Servin and Does 1 to 75 responsible because the defendants allegedly "negligently, carelessly and recklessly designed and/or engineered the planning and placement and/or installation of power poles at the accident location in that they knew or should have known of the expected trajectory of vehicles after impact at this and similar intersections would likely lead to secondary collision with the negligently and/or inappropriately placed power poles," according to the suit..
The plaintiffs seek judgment for compensatory damages according to proof. They are represented by Raul V. Uribe of Perez, Williams, Medina & Rodriguez LLP in Fresno.
Fresno County Superior Court Case number 18CECG03000