SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN BERNARDINO

Transcription

1 LAW OFFICES OF FERNANDO F. CHAVEZ Fernando Fabela Chavez, Esq., (SBN: 0 10 The Alameda #01 San Jose, CA 1 (0 1-0 Telephone / (0 1-0 Facsimile Attorneys for Plaintiffs GUILLERMINA MORALES and PAMELA MORALES FEDERICO C. SAYRE & ASSOCIATES Federico C. Sayre, Esq., (SBN: 00 Mahadhi Corzano, Esq., (SBN: 0 Adam Salamoff, Esq., (SBN: 1 Civic Center Drive West Santa Ana, California 01 (1 0- Telephone / (1 1- Facsimile Co-Counsel for Plaintiffs SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN BERNARDINO GUILLERMINA MORALES, an individual, PAMELA MORALES, an individual; vs. Plaintiffs, SCAPADAS MAGICAS, LLC, a California limited liability company, INTERBUS TOURS AND CHARTERS, a foreign business entity of unknown type, NORBERTO B. PEREZ, an individual, and DOES 1-0, inclusive. Defendants. CASE NO.: : (1 NEGLIGENCE ( NEGLIGENCE PER SE JURY TRIAL DEMANDED Plaintiffs GUILLERMINA MORALES and PAMELA MORALES allege as follows: PRELIMINARY ALLEGATIONS 1. This is an action for personal injury arising from a bus accident near Yucaipa, CA on February, 01. Plaintiffs, who are Mexican citizens and were present in the United States as part of a vacation getaway, were riding a tour bus that had been arranged for them by Interbus 1

2 Tours and Charters as part of their vacation. Interbus Tours and Charters contracted with Scapadas Magicas to provide transportation to Big Bear, CA. On the return portion of the trip, the bus driver lost control of the bus. The bus careened out of control, stuck a Saturn sedan, crossed the center divider of the roadway, began rolling over while ejecting passengers from the cabin of the bus, and collided and with an oncoming truck before coming to rest in the middle of the road. Due to the negligence of the Defendants, and each of them, the Plaintiffs suffered physical injuries VENUE. Venue is proper because the place of injury and loss occurred near the city of Yucaipa, California, which is within the County of San Bernardino. PLAINTIFFS. Plaintiff GUILLERMINA MORALES (hereafter GUILLERMINA for ease of differentiation is a natural person who resides in and has Mexican nationality and domicile. Plaintiff GUILLERMINA MORALES was a passenger on the bus that was involved in the accident on February, 01, as described in paragraph one. Plaintiff GUILLERMINA MORALES is the mother of Plaintiff PAMELA MORALES and was riding the bus with her daughter while on this vacation getaway.. Plaintiff PAMELA MORALES (hereafter PAMELA for ease of differentiation is a natural person who resides in and has Mexican nationality and domicile. Plaintiff PAMELA MORALES was a passenger on the bus that was involved in the accident on February, 01, as 1 described in paragraph one. Plaintiff PAMELA MORALES is the daughter of Plaintiff GUILLERMINA MORALES and was riding the bus with her mother while on this vacation getaway. DEFENDANTS. Defendant SCAPADAS MAGICAS, LLC is a duly formed and existing California limited liability company that provides transportation to passengers in no less than the Southern California region and such transportation included the bus trip to Big Bear, CA on February, 01, as referenced in paragraph one of the complaint. Defendant SCAPADAS

3 MAGICA, LLC (hereafter SCAPADAS has its principal place of business in the County of San Diego located at 00 Highland Ave., Ste. 1, National City, CA 10.. Defendant INTERBUS TOURS AND CHARTERS is a foreign business entity of unknown form, but is believed to be of Mexican nationality and domicile. Defendant INTERBUS TOURS AND CHARTERS sold the Plaintiffs their getaway excursion vacation for February, 01 during which the bus accident referenced in paragraph one of the complaint occurred on the return portion of the trip. Defendant INTERBUS TOURS AND CHARTERS (hereafter INTERBUS has its place of business at Boulevard Gustavo Salinas Local 1 Plaza Conquistador, Tijuana, Mexico.. NORBERTO B. PEREZ is a natural person who resides in San Ysidro, California. NORBERTO B. PEREZ is an employee of Defendants SCAPADAS and/or INTERBUS and was the bus driver of the bus involved in the accident occurring on February, 01, as referenced in paragraph one of the complaint. NORBERTO B. PEREZ (hereafter PEREZ, with respect to the conduct herein complained of, was at all times acting within the course and scope of his employment with Defendants SCAPADAS and/or INTERBUS.. DOES 1 through 0 are employees, agents, owners, joint venturers, managers, directors, and/or officers of Defendants SCAPADAS and/or INTERBUS. Plaintiff is informed and believes and, based thereon, alleges that one or more of DOES 1 through 0, or some of them, are responsible for the harm suffered by GUILLERMINA and PAMELA. DOES 1 through 0, in engaging in the conduct herein complained of, were at all times acting within the course and scope of their employment, agency, ownership, joint venture, management, or their status as an officer, director, or managing agent of Defendants SCAPADAS and/or INTERBUS. The precise identities of DOES 1 through 0 are currently unknown to the Plaintiffs, but substitutions of those DOES will be sought once their identities have been ascertained. GENERAL ALLEGATIONS. Defendant INTERBUS and DOES 1 through 0, or some of them, owed Plaintiffs GUILLERMINA and PAMELA a duty of care to act as a responsible tour operator by providing safe vacation getaways. Particularly, INTERBUS and DOES 1 through 0, or some of them,

4 owed the Plaintiffs a duty to taking reasonable precautions to ensure that its customers would be provided with safe transportation by, with respect to the transportation companies that it was going to contract, inquiring of the business safety record, accident record, and record of moving motor vehicle violations, compliance with laws and regulations regarding vehicle maintenance and safety, and the existence of citations and fines by governmental agencies.. Further, INTERBUS and DOES 1 through 0, or some of them, owed the Plaintiffs a duty to actually provide safe transportation by refraining from contracting with companies that had a poor safety or accident record, an unreasonable amount of moving motor vehicle violations, poor compliance with laws and regulations regarding vehicle maintenance and safety, or excessive citations and fines by governmental agencies.. Defendant INTERBUS and DOES 1 through 0, or some of them, breached the duties it owed to Plaintiffs GUILLERMINA and PAMELA by permitting its conduct to fall below the required standard of care. Particularly, INTERBUS and DOES 1 through 0, or some of them, did not take reasonable precautions to ensure that its customers would be provided with safe transportation when, with respect to contracting with Defendant SCAPADAS to provide transportation for its customers that included the Plaintiffs, it failed to inquire of SCAPADAS safety record, accident record, and record of moving motor vehicle violations, SCAPADAS compliance with laws and regulations regarding vehicle maintenance and safety, and the existence of citations and fines issued to SCAPADAS by governmental agencies. 1. Further, Defendant INTERBUS and DOES 1 through 0, or some of them, breached the duties it owed to Plaintiffs GUILLERMINA and PAMELA by failing to actually provide safe transportation when it contracted with SCAPADAS who, on information obtained from newspaper articles, Plaintiffs believe to have a poor safety or accident record, an unreasonable amount of moving motor vehicle violations, poor compliance with laws and regulations regarding vehicle maintenance and safety, and/or excessive citations and fines issued to SCAPADAS by governmental agencies. 1. Defendant INTERBUS and DOES 1 through 0, or some of them, was the factual and proximate cause of the harm and damages suffered by the Plaintiffs. Particularly,

5 INTERBUS failure to take reasonable precautions to ensure the Plaintiffs would be provided with safe transportation, and additional failure to actually provide the Plaintiffs with safe transportation, was a substantial factor in causing the Plaintiffs harm and damages. 1. Plaintiffs suffered harm and damages from the conduct of Defendant INTERBUS and DOES 1 through 0, or some of them. Particularly, Plaintiff GUILLERMINA MORALES suffered harm and damages including, but not limited to, a fractured leg, pelvis, and arm, pain & suffering, medical expenses, ect. Plaintiff PAMELA MORALES suffered harm and damages including, but not limited to, a fractured arm, pain & suffering, medical expenses, ect. 1. Defendant SCAPADAS and DOES 1 through 0, or some of them, owed Plaintiffs GUILLERMINA and PAMELA a duty of care to act as a responsible transportation service provider. Particularly, SCAPADAS and DOES 1 through 0, or some of them, owed the Plaintiffs a duty to take reasonable precautions to ensure that its customers would be provided with safe transportation by: A. Properly maintaining the busses and vehicles comprising its transportation fleet, B. Ensuring it employed competent and qualified drivers to operate its vehicles, C. Complying with various laws (including, without limitation, Veh. Code 0 and regulations issued by the Department of Transportation and other regulatory agencies governing the maintenance and safety of vehicles subject to said agencies regulatory oversight, D. Maintaining proper business records related to the safety of the bus and other vehicles in which its passengers, including the Plaintiffs, would be transported, E. Implementing adequate safety standards and policies to maintain a safety record free from unnecessary accidents and moving motor vehicle violations, F. Implementing adequate safety standards and policies to maintain compliance with laws and regulations regarding vehicle maintenance and safety, and G. Implementing adequate safety standards and policies to handle and rectify the

6 problems for which a governmental agency had issued citations and/or fines to SCAPADAS. 1. Defendant SCAPADAS and DOES 1 through 0, or some of them, breached the duties it owed to Plaintiffs GUILLERMINA and PAMELA by permitting its conduct to fall below the required standard of care. some of them: Particularly, SCAPADAS and DOES 1 through 0, or A. Failed to properly maintaining the busses and vehicles comprising its transportation fleet, B. Failed to employ competent and qualified drivers to operate its vehicles, C. Violated various laws (including, without limitation, Veh. Code 0 and regulations issued by the Department of Transportation and other regulatory agencies governing the maintenance and safety of vehicles subject to said agencies regulatory oversight, D. Plaintiffs are informed and believe and, based thereon, allege that SCAPADAS and DOES 1 through 0, or some of them, failed to maintain proper business records related to the safety of the bus and other vehicles in which its passengers, including the Plaintiffs, would be transported, E. Plaintiffs are informed and believe and, based thereon, allege that SCAPADAS and DOES 1 through 0, or some of them, failed to implement adequate safety standards and policies to maintain a safety record free from unnecessary accidents and moving motor vehicle violations, F. Plaintiffs are informed and believe and, based thereon, allege that SCAPADAS and DOES 1 through 0, or some of them, failed to implement adequate safety standards and policies to maintain compliance with laws and regulations regarding vehicle maintenance and safety, and G. Plaintiffs are informed and believe and, based thereon, allege that SCAPADAS and DOES 1 through 0, or some of them, failed to implement adequate safety standards and policies to handle and rectify the problems for which a

7 governmental agency had issued citations and/or fines to SCAPADAS. 1. Defendant SCAPADAS and DOES 1 through 0, or some of them, was the factual and proximate cause of the harm and damages suffered by the Plaintiffs. Particularly, SCAPADAS and DOES 1 through 0, or some of them, failed to properly maintaining the busses and vehicles comprising its transportation fleet, failed to employ competent and qualified drivers to operate its vehicles, violated various laws and regulations governing vehicle maintenance and safety, failed to maintain proper business records, and failed to implement adequate safety standards and policies, which was a substantial factor in causing the Plaintiffs harm and damages. 1. Plaintiffs suffered harm and damages from the conduct of Defendant SCAPADAS SCAPADAS and DOES 1 through 0, or some of them. Particularly, Plaintiff GUILLERMINA MORALES suffered harm and damages including, but not limited to, a fractured leg, pelvis, and arm, pain & suffering, medical expenses, ect. Plaintiff PAMELA MORALES suffered harm and damages including, but not limited to, a fractured arm, pain & suffering, medical expenses, ect. 1. Defendant PEREZ owed Plaintiffs GUILLERMINA and PAMELA a duty of care to act as a responsible bus driver. Particularly, PEREZ owed the Plaintiffs a duty to operate the bus in a safe manner that was consistent with vehicle laws, to maintain control of the vehicle, and to stop the vehicle and obtain assistance once it became obvious that the vehicle was experiencing mechanical difficulties. 0. Defendant PEREZ breached his duties owed to Plaintiffs GUILLERMINA and 1 PAMELA by permitting its conduct to fall below the required standard of care. Particularly, plaintiffs are informed and believe and, based thereon, allege that PEREZ did not operate the bus in a safe manner that was consistent with vehicle laws, maintain control of the vehicle, and did not stop the vehicle and obtain assistance once it became obvious that the vehicle was experiencing mechanical difficulties. 1. Defendant PEREZ was the factual and proximate cause of the harm and damages suffered by the Plaintiffs. Particularly, PEREZ failure to operate the bus in a safe manner that was consistent with vehicle laws, maintain control of the vehicle, and to stop the vehicle and

8 obtain assistance once it became obvious that the vehicle was experiencing mechanical difficulties was a substantial factor in causing the Plaintiffs harm and damages.. Plaintiffs suffered harm and damages from the conduct of Defendant PEREZ. Particularly, Plaintiff GUILLERMINA MORALES suffered harm and damages including, but not limited to, a fractured leg, pelvis, and arm, pain & suffering, medical expenses, ect. Plaintiff PAMELA MORALES suffered harm and damages including, but not limited to, a fractured arm, pain & suffering, medical expenses, ect FIRST CAUSE OF ACTION - NEGLIGENCE (By All Plaintiffs against All Defendants and DOES 1 through 0. Plaintiffs allege and incorporate herein by reference, as though fully set forth herein, Paragraphs 1 through 1 of this Complaint.. Plaintiffs are informed and believe and, based thereon, allege that the Defendants, and each of them, owed the Plaintiffs the duties of care, as set forth above.. Plaintiffs are informed and believe and, based thereon, allege that the Defendants, and each of them, breach their duties of care that were owed to the Plaintiffs, as set forth above.. Plaintiffs are informed and believe and, based there on, allege that as a result of each Defendant s breach of their respective duties of care, Plaintiffs have suffered, without limitation, physical, emotional, and financial harm, as set forth above.. Plaintiffs are informed and believe and, based thereon, allege that each Defendant s breach of their respective duties of care was a substantial factor, as set forth above, in causing the Plaintiffs harm. SECOND CAUSE OF ACTION - NEGLIGENCE PER SE (By All Plaintiffs against All Defendant SCAPADAS and DOES 1 through 0. Plaintiffs allege and incorporate herein by reference, as though fully set forth herein, Paragraphs 1 through 1 of this Complaint.. Plaintiffs are informed and believe and, based thereon, allege that the Defendants,

9 and each of them, owed the Plaintiffs the duties of care, as set forth above. 0. Plaintiffs are informed and believe and, based thereon, allege that SCAPADAS and DOES 1 through 0, or some of them, were subject to laws and safety regulations pertaining to vehicle safety and maintenance, as set forth above, and further that such laws and regulations were intended to preserve life and prevent bodily injury to persons traveling on the public U.S. roadways by ensuring the proper and timely upkeep and maintenance of vehicles travelling on those public U.S. roadways. 1. Plaintiffs are informed and believe and, based thereon, allege that they are members of a class (persons traveling on public U.S. roadways for whose benefit those laws and safety regulations were passed.. Plaintiffs are informed and believe and, based thereon, allege that SCAPADAS and DOES 1 through 0, or some of them, violated one or more laws and regulations and breached their duties of care that were owed to the Plaintiffs, as set forth above.. Plaintiffs are informed and believe and, based thereon, allege that the Plaintiffs, and each of them, suffered the same type of harm that the laws and regulations were intended to prevent resulting in, without limitation, physical, emotional, and financial harm, as set forth above, from the conduct of SCAPADAS and DOES 1 through 0, or some of them, which was a substantial factor in causing that harm. 1 0 //// 1 //// //// //// ////

10 PRAYER WHEREFORE Plaintiffs pray for judgment against Defendants, and each of them, as follows: 1. General damages in an amount to be proven at trial;. Damages for medical and related expenses according to proof;. Damages for loss of earnings according to proof;. Damages for loss of earning capacity according to proof;. For other and further general and special damages in a sum according to proof at the time of trial;. Interest according to law;. For costs of suit incurred herein; and. For such other and further relief as this Court deems just and proper Dated: February 0, 01 1 FEDERICO C. SAYRE & ASSOCIATES By: Federico C. Sayre, Esq. Mahadhi Corzano, Esq. Adam Salamoff, Esq. Co-Counsel for Plaintiffs 0 1 DEMAND FOR JURY TRIAL Plaintiffs hereby demand a trial by jury in the above-entitled action. Dated: February 0, 01 1 FEDERICO C. SAYRE & ASSOCIATES By: Federico C. Sayre, Esq. Mahadhi Corzano, Esq. Adam Salamoff, Esq. Co-Counsel for Plaintiffs