A California family has filed a lawsuit against multiple state and county entities, alleging negligence and dangerous conditions that led to a severe car accident. The complaint was filed by Pedro Lopez, Pedro Lopez Jr., and Beatriz Lopez in the Superior Court of California, County of Santa Clara, on September 3, 2024, naming the California Department of Transportation, the State of California, and the County of San Joaquin as defendants.
The plaintiffs claim that on September 23, 2023, they were involved in a catastrophic car accident near I-5 southbound approximately 140 feet north of Gaffery Road. The vehicle driven by Pedro Lopez struck an object believed to be part of a storm drain or adjacent curb at the collision location. This impact caused him to lose control of the vehicle, resulting in grave injuries to all three occupants.
The lawsuit accuses the defendants of maintaining a dangerous condition on public property. Specifically, it cites defective roadway design and poor maintenance as primary factors contributing to the accident. "The collision alleged herein was caused by, without limitation, the defective roadway design and a failure to maintain the property thereby negligently creating a dangerous condition," states the complaint. The plaintiffs argue that various issues such as insufficient shoulder space, improper placement of curbs and storm drains, lack of adequate lighting and signage, and overall poor road conditions contributed to their accident.
Moreover, the plaintiffs allege that these dangerous conditions were known to the defendants well before their incident occurred. They claim that both actual and constructive knowledge existed due to previous similar incidents in the area. Despite this awareness, no reasonable corrective measures were taken by any responsible entity. "Notice of these dangerous conditions...was manifest and further given by the number of similar incidents occurring in this region," asserts the filing.
In addition to seeking general damages exceeding minimum jurisdictional limits for their physical injuries and emotional distress claims, Pedro Lopez and Beatriz Lopez are also pursuing compensation for loss of consortium. This includes past and future loss of love, companionship, comfort, care assistance protection affection society moral support sexual relations enjoyment among other things according proof trial time.
Represented by attorneys Robert J. Ounjian from Carpenter & Zuckerman and Lem L. Garcia from Lem Garcia Law PC plaintiffs demand jury trial all causes action mentioned above seek pre-judgment interest costs suit other relief court deems appropriate.
The case is presided over by Judge L Ayala under Case ID 24CV446594.