Adrian Gutierrez has filed a negligence complaint against Bon Air Services, Inc. and Paul Puiyan Chan. The complaint was lodged in the Superior Court of California, County of San Francisco on May 30, 2024.
According to the court documents, Adrian Gutierrez alleges that on June 10, 2022, while driving his 2009 Lincoln Town Car northbound on US 101 near the Paul Avenue undercrossing in San Francisco, he was rear-ended by a 2012 Ford Transit operated by Paul Puiyan Chan. At the time of the incident, Chan was acting within the scope of his employment with Bon Air Services, Inc. Gutierrez claims that Chan failed to notice stopped traffic ahead and did not stop in time, resulting in a collision that caused significant injuries and damages to him.
Gutierrez asserts two causes of action: negligence (motor vehicle) and negligence per se. In his first cause of action for negligence, Gutierrez argues that both Bon Air Services, Inc. and Chan had a duty to avoid causing harm but breached this duty through their negligent operation of the vehicle. He claims that as a direct result of this negligence, he sustained multiple injuries affecting his health and nervous system which have led to ongoing physical and mental suffering. Furthermore, he states that these injuries have resulted in substantial medical expenses and loss of earnings due to an inability to attend his usual occupation.
In his second cause of action for negligence per se, Gutierrez alleges that Chan violated California Vehicle Code § 22350—the Basic Speed Law—by driving at an unreasonable speed given the traffic conditions. This violation is claimed to be a proximate cause of Gutierrez's injuries. Under Evidence Code section 669(a), such statutory violations can establish a presumption of negligence if they result in harm intended to be prevented by the statute.
Gutierrez seeks several forms of relief from the court including non-economic damages for pain and suffering according to proof at trial; economic damages covering medical expenses and lost earnings; costs of suit; prejudgment interest as per Civil Code §§ 3287, 3288, and 3291; and any further relief deemed proper by the court.
The case is being handled by attorneys John M. Feder and Loren Schwartz from Rouda, Feder, Tietjen & McGuinn based in San Francisco along with Ronald Paul Rives from Rives & Rives located in Pittsburg. The case ID is CGC-24-615113.