The impact killed eleven (11) year old Taylor Holman.
Santa Ana, CA (PRWEB) September 12, 2011
Attorney Alex Galindo with the law offices of Curd, Galindo & Smith, LLP has filed suit, on behalf of his client, Vicki Renteria, in Orange County Superior Court Case No.: 30-2010-00354957.
Mr. Galindo's client, the Plaintiff Vicki Renteria, alleges in her lawsuit for wrongful death that the driver of a 2008 Mercedes Benz SUV, Teresa O'Brien of Newport Beach, California was the cause of the fatal collision. Court documents state that the subject case arises from a fatal automobile accident that occurred on March 20, 2008. On that day, the Plaintiff Vicki Renteria alleges that she was traveling north bound on Harbor Blvd in the City of Santa Ana in her 1995 GEO. In the passenger seat was her eleven (11) year old daughter, Taylor Holman. Plaintiff Renteria intended to turn left onto Garry Street therefore she entered the left turn pocket and proceeded to yield to the south bound Harbor Blvd traffic. Renteria contends that she noticed that the south bound Harbor Blvd traffic was clear and she began her left turn, she traversed the number one lane of south bound Harbor Blvd. Renteria believed the Defendant’s vehicle was 20 car lengths away when she began to make her left turn. The GEO’s passenger side was impacted by the 2008 Mercedes Benz SUV that was traveling south bound in the number two lane of Harbor Blvd. The impact killed eleven (11) year old Taylor Holman.
Mr. Galindo, on behalf of his client, argues in court documents that the defendant Teresa O'Brien failed to comply with California, Vehicle Code section 21801(b). Section 21801 governs the respective duties of drivers of left-turning vehicles and those of approaching vehicles. That statute imposes upon the left-turning driver the duty to ascertain, before proceeding across each successive lane of oncoming traffic, if any approaching vehicle constitutes a hazard. Pursuant to subdivision (b) of section 21801, the burden then shifts to oncoming traffic to yield the right-of-way to the left-turning driver only where the left-turning driver has complied with section 21801, subdivision (a).
Renteria's lawsuit alleges that the driver of the Mercedes benz SUV failed to yield to the left-turning GEO driven by Renteria. Renteria is seeking general and compensatory damages in an amount to be proven at trial for loss of love and affection of her daughter.
Judge Gregory Munoz is expected to set a jury trial date on October 25, 2011.
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