FRESNO – The family members of a man killed in a dirt bike accident in Kerman have filed suit against the owners of the bike.
Erik Hunter Halvorsen and Shane Halvorsen, through their guardian ad litem Rebecca Ayala, and the estate of Erik Shane Halvorsen, filed a complaint on Oct. 30, in the Fresno County Superior Court against Donald Kirkpatrick, Jessica Kirkpatrick and Does 1-50 alleging negligence.
According to the complaint, the defendants are owners of a 2005 Yamaha dirt bike. The suit states on Nov. 6, 2016, the defendants hosted a party and Erik Shane Halvorsen consumed a large amount of alcohol at the party. The suit states Erik Shane Halvorsen was granted permission to ride the dirt bike without a helmet and he lost control of it on Stanislaus Avenue and crashed into a lamp post, causing his death.
The plaintiffs hold Donald Kirkpatrick, Jessica Kirkpatrick and Does 1-50 responsible because the defendants allegedly created an unreasonable risk of harm to others by failing to control and maintain their vehicle and this caused the decedent to suffer a fatal collision by allowing him to operate the vehicle while intoxicated.
The plaintiffs request a trial by jury and seek judgment against the defendants for general damages, medical and incidental expenses, loss of income, wages, and earning potential, property damage and loss of use, interest, costs of suit, and further relief as the court may deem just and proper. They are represented by Robert E. Cartwright and David G. Yen of The Cartwright Law Firm Inc. in San Francisco.
Fresno County Superior Court case number 18-CECG-04043