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Pedestrian Sues Waste Management Company Over Negligence After Collision

NORTHERN CALIFORNIA RECORD

Friday, February 21, 2025

Pedestrian Sues Waste Management Company Over Negligence After Collision

State Court
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Superior Court of California - County of San Francisco | Official website

A San Francisco pedestrian has filed a lawsuit against a local waste management company and one of its employees, alleging negligence after being struck by a company vehicle. The complaint was filed by Steven Hawthorne on February 6, 2025, in the Superior Court of California, County of San Francisco, naming Recology Inc., Recology Leasing Inc., and Tommy Minh Nguyen as defendants.

The case revolves around an incident that occurred on December 6, 2024, when Steven Hawthorne was allegedly hit by a vehicle driven by Tommy Minh Nguyen while walking near Derby Street in San Francisco. According to the complaint, Nguyen was operating a Recology dump truck within the scope of his employment when he negligently maneuvered the vehicle, causing it to collide with Hawthorne. The plaintiff claims that this resulted in catastrophic bodily injuries requiring emergency medical attention at Zuckerberg San Francisco General Hospital.

Hawthorne's legal team argues that both Nguyen and his employers breached their duty of care. The complaint states that "Defendants owed a duty of care to Plaintiff to operate and/or oversee the operation of the subject vehicle in a reasonable and safe manner." It further alleges that Nguyen failed to keep a proper lookout for pedestrians and drove at an unsafe speed, violating California Vehicle Code § 21453. Moreover, the lawsuit accuses Recology Inc. and its leasing counterpart of negligent hiring and supervision practices, claiming they should have known about Nguyen's alleged incompetence due to prior incidents.

In addition to holding Nguyen accountable under the doctrine of respondeat superior—which makes employers liable for their employees' actions—Hawthorne seeks damages from Recology for negligent entrustment and maintenance of their vehicles. The plaintiff contends that the company's failure to properly maintain or inspect their fleet contributed significantly to the accident.

The lawsuit demands repayment for all special damages incurred by Hawthorne, including past and future wage loss as well as hospital expenses. Furthermore, it seeks general damages for pain and suffering along with pre-judgment interest and coverage for legal costs associated with pursuing this action.

Representing Steven Hawthorne is attorney Mark Iodice from Sweet James LLP based in Newport Beach. The case has been assigned Case No. CGC-25-622188 in front of Judge Sahar Enayati at the Superior Court of California in San Francisco County.

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