Dumbasses -

I find this to be somewhat unbelievable.


From:
http://www.mercurynews.com/top-stories/ci_16915266

Family of Los Altos Hills cyclist files wrongful death suit against
trucker, demolition company

By Jesse Dungan
Daily News Staff Writer
Posted: 12/22/2010 03:00:00 AM PST
Updated: 12/22/2010 09:10:06 AM PST


The family of a 47-year-old Los Altos Hills woman killed when her
bicycle collided with a big rig last month has filed a wrongful death
lawsuit against the truck's driver and his employer.

The complaint was filed in San Mateo County Superior Court on Monday,
the same day the California Highway Patrol released a report that
concluded trucker Gabriel Manzur Vera was not at fault in the crash
that killed Lauren Perdriau Ward.

The suit names Vera and the Castroville-based demolition company he
works for, Randazzo Enterprises, as defendants. It alleges that the
Nov. 4 crash on Alpine Road near Portola Valley was a result of Vera's
negligence in driving directly into the path of Ward's bike.

Earlier this year, Lauren Perdiau Ward, 47, was killed in a bicycle
accident. (Photo courtesy of Bob Ward)
Vera and Randazzo Enterprises paid $1.5 million to settle a separate
wrongful death suit stemming from a 2007 collision that involved the
trucker and a bicyclist in Santa Cruz.

Vera has been involved in three fatal collisions while on the job,
according to CHP records, but investigators have never found him to be
at fault.

The latest collision happened when Ward "unsafely turned" as she rode
to the "immediate left" of the truck in the same right lane of the
road, according to the CHP report.

Ward and her Trek bicycle then dropped to the right, in front of the
truck's second axle, which ran her over. She was pronounced dead at
the scene.

According to the CHP report, Vera told investigators the collision
happened as he was veering right from the right westbound lane into a
lane that feeds onto southbound Interstate 280. He had his right
blinker on and had been looking at his right rear-view mirror. When
Vera looked ahead he felt a "bump," he told the CHP.
Though the CHP determined the collision stemmed from Ward's unsafe
turn, agency spokesman Officer Art Montiel said there were no
eyewitnesses. Why Ward turned into the truck is a mystery, he added.

According to the lawsuit filed by Ward's family, however, there is no
mystery.

"Suddenly and without warning, defendant Gabriel Manzur Vera ...
negligently drove the aforementioned tractor and trailer rig directly
into the path of Lauren Ward's bicycle thereby violating Lauren Ward's
right-of-way, causing Lauren Ward's death at approximately 3:45 p.m.,"
the suit states.

In a statement announcing the lawsuit, Ward family attorney John Feder
said: "While the CHP was conducting its investigation, we brought in
scientists and other experts to evaluate the circumstances surrounding
Lauren's tragic death, and the team disagrees with the CHP's
conclusion as to the cause. As a result, (her husband) Bob and the
Ward children would like a jury to hear the evidence and decide."

The suit seeks an undisclosed amount of money to compensate the family
for non-economic and economic losses resulting from Ward's death. Her
family and friends have called the mother of two an avid bicyclist.
Feder said she was "strong and confident on her bike, knew the rules
of the road and advocated for bicycle safety."

In the 2007 Santa Cruz fatal accident, Vera's 26-wheeler collided with
John Myslin, a popular Pacific Collegiate School teacher, at the
intersection of Mission and Bay streets. Vera had been making a right
turn when Myslin tried to pass him on the right, police concluded
following a two-month investigation that cleared Vera of wrongdoing.
Myslin's parents nonetheless sued after that collision and in March
settled with Vera and Randazzo Enterprises.
Vera's first fatal crash happened Dec. 31, 2003, in the Moss Landing
area of Monterey County, according to CHP records. He was driving on
Highway 1 when a vehicle driven by Annette McDaniel crossed into
oncoming lanes and struck his big rig head-on. The Monterey County
Coroner's Office reported McDaniel had been weaving in and out of her
lane prior to the crash.

Randazzo Enterprises could not be reached for comment Tuesday and has
previously declined to comment on the Ward case.