Driver seeks damages from Lewallen Land & Cattle after striking cow on road

By Noddy A. Fernandez | Nov 8, 2018

STOCKTON – The owner of a Cadillac Escalade alleges the vehicle sustained significant damage when he struck a cow on a San Joaquin County road.

Jorge Vazquez and Maria Saldana filed a complaint on Oct. 30 in the San Joaquin Superior Court against Mark Lewallen; Lewallen Land and Cattle Co.; and Does 1 to 100 alleging negligence.

According to the complaint, on Nov. 6, 2016, Vazquez was driving his 2007 Cadillac Escalade with Saldana as his passenger on Albers Road in San Joaquin County when the vehicle struck a cow on the road. The suit states the cow was owned by the defendants.

Vazquez alleges he attempted to avoid striking the cow but was unable to do so. He alleges his vehicle sustained significant damage.

The plaintiffs hold Lewallen; Lewallen Land and Cattle Co.; and Does 1 to 100 responsible because the defendants allegedly failed to exercise due care in the management of their cow by ensuring their fences were kept in good condition, gates were closed and cattle guards were in working order to avoid their animals from wandering in the public roadway.

The plaintiffs seek judgment for compensatory damages in the amount according to proof. They are represented by John P. Carty of Carty Law Offices in Stockton.

San Joaquin Superior Court case number STK-CV-UAT-2018-0013620

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Carty Law Offices San Joaquin Superior Court

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