Paul R. Kiesel, State Bar No. email: kiesel@kiesel-law.com Steven D. Archer, State Bar No. email: archer@kiesel-law.com Mariana Aroditis, State Bar No. email: aroditis@kiesel-law.com KIESEL LAW LLP Wilshire Boulevard 0- Tel: -- Fax: --0 Vance J. Owen, Pro Hac Vice Pending OWEN & ASSOCIATES LLP 0 Sealane Corpus Christi, TX Tel: - - Fax: - -0 Attorneys for Plaintiffs SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES CENTRAL DISTRICT ANTONINO JIMENEZ; PATRICIA JIMENEZ, Individually and as Successorin-Interest to ISMAEL JIMENEZ, Deceased, v. Plaintiffs, FEDERAL EXPRESS CORPORATION, A Delaware Corporation dba FEDEX CORPORATION; FEDEX FREIGHT, INC., An Arkansas Corporation dba FEDEX FREIGHT; SILVERADO STAGES, INC., A California Corporation; VOLVO TRUCKS NORTH AMERICA, INC., A Delaware Corporation; and DOES through 0, inclusive, Defendants. Case No.: COMPLAINT FOR DAMAGES FOR WRONGFUL DEATH. Negligence. Negligence. Strict Products Liability DEMAND FOR JURY TRIAL Trial Date: None
COME NOW the Plaintiffs, ANTONINO JIMENEZ, PATRICIA JIMENEZ, Individually and as Successor-in-Interest to ISMAEL JIMENEZ, Deceased, by and through their attorneys of record, Kiesel Law LLP, and for causes of action against Defendants FEDERAL EXPRESS CORPORATION, A Delaware Corporation dba FEDEX CORPORATION, FEDEX FREIGHT, INC., An Arkansas Corporation dba FEDEX FREIGHT, SILVERADO STAGES, INC., A California Corporation, VOLVO TRUCKS NORTH AMERICA, INC., A Delaware Corporation, and DOES through 0, inclusive, and each of them, allege as follows: KIESEL LAW LLP (Exemplar FedEx Tractor-Trailer) NATURE OF THE ACTION. On Thursday, April,, at approximately :0 p.m., a Federal Express truck driver operating a 0 Volvo tractor towing two foot-long freight trailers engaged his left turn signal and began to make a lane change from the southbound Interstate number two lane into the number one southbound lane. However, the tractor and trailers did not stop and, instead, continued in a generally southbound direction, crossed over the rumble strip on the eastern edge of the southbound lanes, veered into and crashed through and across a center median, crossed over the rumble strip on the western edge of the northbound lanes, entered into the northbound number one lane of I- where it struck a Nissan Altima automobile, continued into the number two northbound lane and, four seconds after beginning his original lane change, struck a northbound Setra bus. The impact of the tractor and
trailers striking the oncoming bus was so massive that it forced both vehicles off of the northbound travel lanes and onto the eastern shoulder of I- where they caught fire and burned in an uncontrolled conflagration. KIESEL LAW LLP (Taken at scene of impact on April, ). Ismael Jimenez, age, was a passenger on the bus at the time of the incident. Rather than attempting to escape the burning bus and save himself, Ismael Jimenez bravely rushed forward to the front of the bus as it was filling with smoke and as other passengers were getting burned in the post impact fire. After arriving at the front of the bus, Ismael began to rescue other passengers by lifting and helping them escape from the burning bus. Tragically, while acting as a Good Samaritan and trying to save and actually saving the lives of many of the other passengers on the burning bus, Ismael Jimenez was unable to escape the post-impact fire and died at the scene. / / / / / / / / / / / / / / /
KIESEL LAW LLP (Wreckage of the Bus and FedEx Tractor-Trailer taken on April, ) By this action, the Plaintiffs, Ismael Jimenez s surviving parents, seek damages for his wrongful death and assert a survival action on his behalf. PLAINTIFFS DECEDENT (Ismael Jimenez, Age ). Ismael Jimenez was born in Los Angeles, California, on March,, and was the true embodiment of the American dream. Coming from a family of modest means, with his parents
always impressing upon him the importance of getting a good education, he was a model student and became a role model for his school administrators, teachers and fellow students. He worked diligently at his studies, became an honors student and was scheduled to graduate from Animo Inglewood Charter High School in Spring. Ismael was looking forward to becoming the first member of his family to attend college. KIESEL LAW LLP (One of Ismael Jimenez Many Works of Art). During high school, Ismael attended the world-famous Ryman Arts Program at Otis College of Art and Design, a program supported by the National Endowment for the Arts. Ismael completed courses in Foundational Drawing, Intermediate Drawing and Painting and Advanced Painting, and graduated from that program in. This training and experience fueled Ismael s passion for the arts, inspired him to become an accomplished photographer and artist and further reinforced his desire to pursue a career in art after graduating from college. THE PARTIES. At all times relevant to this action, Plaintiffs ANTONINO JIMENEZ and PATRICIA JIMENEZ were lawfully married and held themselves out to the public as husband and wife. During the
course of their marriage they had three children, Evelin Jimenez, Ismael Jimenez and Ricardo Jimenez.. Ismael Jimenez, Deceased, was never married, did not have a domestic partner, never fathered any children and died intestate. Plaintiffs ANTONINO JIMENEZ and PATRICIA JIMENEZ, who are the natural father and mother of Ismael Jimenez, Deceased, would be entitled to their Decedent s property by intestate succession and hereby bring this action, individually, pursuant to California Code of Civil Procedure.0(a).. Plaintiff PATRICIA JIMENEZ is the Plaintiffs Decedent s Successor-in-Interest pursuant to California Code of Civil Procedure section., succeeds to her Decedent s interest in this action, brings this action in that capacity, and no other person has a superior right to bring this action. A copy of the Affidavit required by California Code of Civil Procedure. with respect to Ismael Jimenez, Deceased, is attached hereto.. The Plaintiffs are informed and believe and, based upon such information and belief, allege that at all times relevant to this action Defendant FEDERAL EXPRESS CORPORATION, A Delaware Corporation dba FEDEX CORPORATION [hereinafter referred to as FEDEX CORPORATION ], was and now is a Delaware Corporation authorized to do business in the State of California, and is presently doing business in the State of California.. The Plaintiffs are informed and believe and, based upon such information and belief, allege that at all times relevant to this action Defendant FEDEX FREIGHT INC. dba FEDEX FREIGHT [hereinafter referred to as FEDEX FREIGHT ], was and now is an Arkansas Corporation authorized to do business in the State of California, and is presently doing business in the State of California.. The Plaintiffs are informed and believe and, based upon such information and belief, allege that at all times relevant to this action Defendant VOLVO TRUCKS NORTH AMERICA, INC., A Delaware Corporation [hereinafter referred to as VOLVO ], was and now is a Delaware Corporation authorized to do business in the State of California, and is presently doing business in the State of California.. The Plaintiffs are informed and believe and, based upon such information and belief, allege that at all times relevant to this action Defendant SILVERADO STAGES, INC., A California
Corporation [hereinafter referred to as SILVERADO STAGES ], was and now is a corporation existing under the laws of the State of California, and is authorized to conduct, and does conduct, business in the State of California. The Plaintiffs are further informed and believe and, based upon such information and belief, allege that Defendant SILVERADO STAGES is in the transportation services industry, with its principal place of business located in the City and County of San Luis Obispo, State of California.. The true names or capacities, whether individual, corporate, associate, or otherwise of Defendant DOES through 0, inclusive, and each of them, are unknown to Plaintiffs who, therefore, sue said Defendants by such fictitious names. Plaintiffs are informed and believe and, upon such information and belief, allege that each of said Defendants designated herein as a DOE is responsible, in some manner, for the events and happenings herein referred to, and caused injury and damages thereby to the Plaintiffs as herein alleged.. At all times relevant to this action Defendants FEDEX CORPORATION, FEDEX FREIGHT and DOES through, inclusive, and each of them, were the agents, servants, employees and joint venturers of each other and at all times herein mentioned each and all were acting within the course, scope and purpose of their respective agency, service, employment and joint venture relationships.. At all times relevant to this action Defendants SILVERADO STAGES and DOES through, inclusive, and each of them, were the agents, servants, employees and joint venturers of each other and at all times herein mentioned each and all were acting within the course, scope and purpose of their respective agency, service, employment and joint venture relationships.. At all times relevant to this action Defendants VOLVO and DOES through 0, inclusive, and each of them, were the agents, servants, employees and joint venturers of each other and at all times herein mentioned each and all were acting within the course, scope and purpose of their respective agency, service, employment and joint venture relationships.. The Plaintiffs are informed and believe and, based upon such information and belief, allege that at all times relevant to this action Defendants FEDEX CORPORATION, FEDEX FREIGHT and DOES through and through 0, inclusive, and each of them, were and are the owners of, or
had a certain ownership interest in the a 0 Volvo tractor bearing Indiana license plate number [hereinafter referred to as the TRACTOR ] which was towing two freight trailers [hereinafter collectively referred to as the TRAILERS. The TRACTOR and TRAILERS are collectively referred to as the TRACTOR-TRAILERS ] when the TRACTOR-TRAILERS were involved in the incident which gives rise to this action.. The Plaintiffs are informed and believe and, based upon such information and belief, allege that on or about April,, Timothy Paul Evans [hereinafter referred to as EVANS ] was an agent, servant, and employee of Defendants FEDEX CORPORATION, FEDEX FREIGHT and DOES through, inclusive, and each of them, and was operating the TRACTOR-TRAILERS while acting within the course, scope, purpose, and authority of such agency and employment with the full knowledge, permission and consent of Defendants FEDEX CORPORATION, FEDEX FREIGHT and DOES through, inclusive, and each of them. The Plaintiffs are further informed and believe and, based upon such information and belief further allege that Defendants FEDEX CORPORATION, FEDEX FREIGHT and DOES through, inclusive, and each of them, are directly and/or vicariously, and/or for other reasons set forth herein, liable for the actions, omissions and negligence of EVANS as alleged in this Complaint.. The Plaintiffs are informed and believe and, upon such information and belief, allege that Defendants DOES through 0, inclusive, are persons and/or entities who, at all relevant times, performed maintenance, repair, inspection, troubleshooting, and other services on and to the TRACTOR, including its component parts, prior to the date of the incident out of which this action arises and whose respective services were performed in a negligent or otherwise actionably improper manner such that they directly and/or proximately caused or contributed to the incident out of which this action arises and the resulting death of the Plaintiffs Decedent.. The Plaintiffs are informed and believe and, upon such information and belief, allege that Defendants DOES through 0, inclusive, are unknown persons and/or entities who designed, manufactured, tested, sold, or otherwise supplied component parts and who are strictly liable for failure of the component parts of the TRACTOR and/or who were negligent in their design, manufacture, testing, inspecting, selling, supplying, and/or otherwise integrating and/or failing to warn of dangers of
the component parts of the TRACTOR and/or who are liable for a breach of express and implied warranties of the TRACTOR s component parts that directly and/or proximately contributed to the incident out of which this action arises and the resulting death of the Plaintiffs Decedent.. The Plaintiffs are informed and believe and, based upon such information and belief, allege that Defendants SILVERADO STAGES and DOES through, inclusive, and each of them, were, and at all times mentioned herein are, engaged in the business of a common carrier of persons for reward.. The Plaintiffs are informed and believe and, based upon such information and belief, allege that at all times relevant to this action Defendants SILVERADO STAGES and DOES through, inclusive, and each of them, were and are the owners of, or had a certain ownership interest in the Setra STC bus bearing California license plate number CP0 [hereinafter referred to as the BUS ] which was involved in the incident which gives rise to this action.. The Plaintiffs are informed and believe and, based upon such information and belief, allege that on or about April,, Defendants SILVERADO STAGES and DOES through, inclusive, and each of them, were paid a fare for the transportation of individuals, including Plaintiffs Decedent, on the BUS, and said Defendants thereby undertook, contracted, and became obliged to accept and carry the Plaintiffs Decedent and others and transport them to their destination.. The Plaintiffs are informed and believe and, based upon such information and belief, allege that on or about April,, Talalelei Lealao-Taiao [hereinafter referred to as TAIAO ] was an agent, servant, and employee of Defendants SILVERADO STAGES and DOES through, inclusive, and each of them, and was operating the BUS while acting within the course, scope, purpose, and authority of such agency and employment with the full knowledge, permission and consent of Defendants SILVERADO STAGES and DOES through, inclusive, and each of them. The Plaintiffs are further informed and believe and, based upon such information and belief further allege that Defendants SILVERADO STAGES and DOES through, inclusive, and each of them, are directly and/or vicariously, and/or for other reasons set forth herein, liable for the actions, omissions and negligence of TAIAO as alleged in this Complaint.. The Plaintiffs are informed and believe and, based upon such information and belief,
allege that on or about April,, at the approximate hour of :0 p.m., Defendants FEDEX CORPORATION, FEDEX FREIGHT and DOES through, inclusive, and each of them, by and through their agent, servant, and/or employee EVANS, were operating the TRACTOR-TRAILERS in the southbound number two lane of Interstate [hereinafter referred to as I- ], near the intersection with Highway, near the City of Orland, County of Glenn, State of California. At approximately the same time, Defendants SILVERADO STAGES and DOES through, inclusive, by and through their agent, servant, and/or employee TAIAO, were operating the BUS in the northbound number two lane of I-, with the Plaintiffs Decedent and others as fare-paying passengers. The Plaintiffs are informed and believe and, based upon such information and belief, allege that the TRACTOR- TRAILERS began to make a lane change from the southbound number two lane of I- and crossed into the number one southbound lane. However, the TRACTOR-TRAILERS did not stop and, instead, continued in a generally southbound direction, crossed over the rumble strip on the eastern edge of the southbound lanes, veered into and crashed through and across a center median, crossed over the rumble strip on the western edge of the northbound lanes, and entered into the northbound number one lane of I- where it struck a Nissan Altima automobile, continued into the number two northbound lane and, four seconds after beginning its original lane change, struck the northbound BUS. The impact of the oncoming TRACTOR-TRAILERS striking the BUS was so heavy and forceful that it forced both vehicles off of the northbound travel lanes and onto the eastern shoulder of I- where they caught fire and burned in an uncontrolled conflagration.. The Plaintiffs are informed and believe and, based upon such information and belief, allege that Ismael Jimenez, age, was a passenger on the BUS at the time of the incident. Rather than attempting to escape the burning BUS and save himself, Ismael Jimenez bravely rushed forward to the front of the BUS as it was filling with smoke and as other passengers were getting burned in the postimpact fire. Upon arriving at the front of the BUS he rescued other passengers by lifting and helping them escape from the burning BUS. Tragically, while acting as a Good Samaritan and trying to save and actually saving the lives of many of the other passengers on the burning BUS, Ismael Jimenez was unable to escape the post-impact fire and died at the scene. / / /
FIRST CAUSE OF ACTION FOR NEGLIGENCE [As Against Defendants FEDEX CORPORATION, FEDEX FREIGHT and DOES through and through 0, inclusive]. The Plaintiffs re-allege and incorporate herein by reference each and every allegation set forth in the Nature of the Action, Paragraphs through, inclusive, Plaintiffs Decedent, Paragraphs and, inclusive, and The Parties, Paragraphs through, inclusive, and each of them as though fully set forth at this point.. Defendants FEDEX CORPORATION, FEDEX FREIGHT and DOES through and through 0, inclusive, and each of them, have, and at all times herein had, a duty to use reasonable care with respect to the ownership, inspection, operation and maintenance of the TRACTOR- TRAILERS and its component parts.. The Plaintiffs are informed and believe and, based upon such information and belief, allege that the TRACTOR-TRAILERS were being permissibly operated by EVANS with the express permission, consent and knowledge of Defendants FEDEX CORPORATION, FEDEX FREIGHT and DOES through and through 0, inclusive, and each of them.. The Plaintiffs are informed and believe and, based upon such information and belief, allege that on or about April,, EVANS, while in the course and scope of his agency, servitude and/or employment with and by Defendants FEDEX CORPORATION, FEDEX FREIGHT and DOES through and through 0, inclusive, and each of them, so negligently, recklessly, and/or carelessly drove, controlled and/or operated the TRACTOR-TRAILERS so as to be a cause of the incident as more fully described in Paragraph. 0. The Plaintiffs are informed and believe and, based upon such information and belief, allege that prior to and at the time of the incident on or about April,, California Vehicle Code was in effect. That Section states that:. Turning movements and required signals No person shall turn a vehicle from a direct course or move right or left upon a roadway until such movement can be made with reasonable safety and then only after the giving of an appropriate signal in the manner provided in this chapter in the event any other vehicle may be affected by the movement.
. The Plaintiffs are informed and believe and, based upon such information and belief, allege that prior to and at the time of the incident on or about April,, California Vehicle Code 0 was in effect. That Section states that: 0 - Basic Speed Law No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property.. Plaintiffs Decedent, Ismael Jimenez, was among the class of persons that California Vehicle Code and 0 were intended to protect.. The Plaintiffs are informed and believe and, based upon such information and belief, allege that EVANS violated the terms and provisions of California Vehicle Code and 0 on April,, when he made a lane change from the southbound number two lane of I- and crossed into the number one southbound lane without reasonable safety at an unreasonable rate of speed. The TRACTOR-TRAILERS did not stop and, instead, continued in a generally southbound direction, crossed over the rumble strip on the eastern edge of the southbound lanes, veered into and crashed through and across a center median, crossed over the rumble strip on the western edge of the northbound lanes, and entered into the northbound number one lane of I- where it struck a Nissan Altima automobile, continued into the number two northbound lane and, four seconds after beginning its original lane change, struck the northbound BUS.. The Plaintiffs are informed and believe and, based upon such information and belief, allege that Ismael Jimenez, age, was a passenger on the BUS at the time of the incident. Upon arriving at the front of the BUS, Ismael rescued other passengers by lifting and helping them escape from the burning BUS. Tragically, while acting as a Good Samaritan and trying to save and actually saving the lives of many of the other passengers on the burning BUS, Ismael Jimenez was unable to escape the post-impact fire and died at the scene.. On April,, as a direct and proximate result of the negligence and carelessness of Defendants FEDEX CORPORATION, FEDEX FREIGHT and DOES through and through 0, inclusive, and each of them, and the consequent injuries and damages to, and death of, their Decedent,
the Plaintiffs have suffered the loss of love, companionship, comfort, care, assistance, protection, affection, society, moral support, training and guidance of their Decedent, all to their general and noneconomic damages in an amount which is in excess of this Court s minimum jurisdictional amount and which will be stated according to proof at the time of trial, pursuant to California Code of Civil Procedure... As a further, direct and proximate result of the negligence and carelessness of Defendants FEDEX CORPORATION, FEDEX FREIGHT and DOES through and through 0, inclusive, and each of them, and the consequent injuries and damages to, and death of, their Decedent, the Plaintiffs have lost the earnings, financial support, gifts, benefits and household services that their Decedent had previously and would have continued to provide to them had the incident of April,, not occurred, all to their special and economic damages in an amount which will be stated according to proof at the time of trial, pursuant to California Code of Civil Procedure... As a further, direct and proximate result of the negligence and carelessness of Defendants FEDEX CORPORATION, FEDEX FREIGHT and DOES through and through 0, inclusive, and each of them, and the consequent injuries and damages to, and death of, their Decedent, the Plaintiffs have incurred funeral, mortuary and burial expenses in an amount which will be stated according to proof at the time of trial, pursuant to California Code of Civil Procedure... The Plaintiffs allege that they are entitled to prejudgment interest pursuant to California Civil Code from the date of the incident on April,, up to and including the date of judgment, according to proof. SECOND CAUSE OF ACTION FOR NEGLIGENCE [As Against Defendants SILVERADO STAGES and DOES through, inclusive]. The Plaintiffs re-allege and incorporate herein by reference each and every allegation set forth in the Nature of the Action, Paragraphs through, inclusive, Plaintiffs Decedent, Paragraphs and, inclusive, and The Parties, Paragraphs through, inclusive, and each of them as though fully set forth at this point.
0. Defendants SILVERADO STAGES and DOES through, inclusive, and each of them, as common carriers, have, and at all times herein had, a duty to use the highest care and the vigilance of a very cautious person and was required to do all that human care, vigilance, and foresight reasonably could do under the circumstances to avoid harm to passengers. In particular, as common carriers, Defendants SILVERADO STAGES and DOES through, inclusive, and each of them, were required to use reasonable skill and to provide everything necessary for the safe transportation of the BUS passengers.. The Plaintiffs are informed and believe and, based upon such information and belief, allege that Defendants SILVERADO STAGES and DOES through, inclusive, and each of them, have, and at all times herein had, a duty to use the highest care and the utmost vigilance of a very cautious person and were required to do all that human care, vigilance, and foresight could reasonably do with respect to the ownership, inspection, operation and maintenance of the BUS, and the safe transportation of the passengers on the BUS including, but not limited to, having adequate emergency exit procedures in place, and informing the passengers and others on the BUS of said emergency exit procedures.. The Plaintiffs are informed and believe and, based upon such information and belief, allege that Defendants SILVERADO STAGES and DOES through, inclusive, and each of them, negligently, carelessly and/or recklessly inspected or failed to inspect the BUS, and/or failed to maintain it in a safe and operable condition and had constructive notice and actual knowledge, or in the exercise of reasonable care, should have known that the failure to maintain the BUS in a safe and operable condition created an unreasonable risk of injury to passengers and others on the BUS.. The Plaintiffs are informed and believe and, based upon such information and belief, allege that Defendants SILVERADO STAGES and DOES through, inclusive, and each of them, negligently, carelessly, recklessly or in some other actionable manner, failed to ensure that emergency evacuation procedures were in place for the passengers and others on the BUS, and/or failed to instruct and/or inform the passengers and others on the BUS of emergency evacuation procedures.. The Plaintiffs are informed and believe and, based upon such information and belief, allege that Ismael Jimenez, age, was a passenger on the BUS at the time of the incident. Rather than
attempting to escape the burning BUS and save himself, Ismael Jimenez bravely rushed forward to the front of the BUS as it was filling with smoke and as other passengers were getting burned in the postimpact fire. Upon arriving at the front of the BUS, Ismael rescued other passengers by lifting and helping them escape from the burning BUS. Tragically, while acting as a Good Samaritan and trying to save and actually saving the lives of many of the other passengers on the burning BUS, Ismael Jimenez was unable to escape the post-impact fire and he died at the scene.. On April,, as a direct and proximate result of the negligence and carelessness of Defendants SILVERADO STAGES and DOES through, inclusive, and each of them, and the consequent injuries and damages to, and death of, their Decedent, the Plaintiffs have suffered the loss of love, companionship, comfort, care, assistance, protection, affection, society, moral support, training and guidance of their Decedent, all to their general and non-economic damages in an amount which is in excess of this Court s minimum jurisdictional amount and which will be stated according to proof at the time of trial, pursuant to California Code of Civil Procedure... As a further, direct and proximate result of the negligence and carelessness of Defendants SILVERADO STAGES and DOES through, inclusive, and each of them, and the consequent injuries and damages to, and death of, their Decedent, the Plaintiffs have lost the earnings, financial support, gifts, benefits and household services that their Decedent had previously and would have continued to provide to them had the incident of April,, not occurred, all to their special and economic damages in an amount which will be stated according to proof at the time of trial, pursuant to California Code of Civil Procedure... As a further, direct and proximate result of the negligence and carelessness of Defendants SILVERADO STAGES and DOES through, inclusive, and each of them, and the consequent injuries and damages to, and death of, their Decedent, the Plaintiffs have incurred funeral, mortuary and burial expenses in an amount which will be stated according to proof at the time of trial, pursuant to California Code of Civil Procedure... The Plaintiffs allege that they are entitled to prejudgment interest pursuant to California Civil Code from the date of the incident on April,, up to and including the date of judgment, according to proof.
THIRD CAUSE OF ACTION STRICT PRODUCTS LIABILITY [As Against Defendants VOLVO and DOES through 0 and through 0, inclusive]. The Plaintiffs re-allege and incorporate herein by reference each and every allegation set forth in the Nature of the Action, Paragraphs through, inclusive, Plaintiffs Decedent, Paragraphs and, inclusive, and The Parties, Paragraphs through, inclusive, and each of them as though fully set forth at this point. 0. At all times relevant hereto, Defendants VOLVO and DOES through 0 and through 0, inclusive, and each of them, were in the business of designing, manufacturing, assembling, installing, testing, inspecting, advertising, marketing and selling the TRACTOR that was subsequently involved in the incident of April,, out of which this action arises. Defendants VOLVO and DOES through 0 and through 0, inclusive, and each of them, were the manufacturers of the TRACTOR and are liable under the doctrine of strict products liability for the injuries and damages caused by the defects in the BUS.. At all times relevant hereto, the TRACTOR was designed, manufactured, installed, tested, inspected, advertised, marketed, and sold in a defective and unreasonably dangerous condition by reason of defective design, marketing, installation, testing, inspection, and sale, which defective and dangerous conditions exposed the Plaintiffs Decedent, Ismael Jimenez, all other BUS passengers and the public in general to an unreasonable risk of harm.. At the time that it was designed, manufactured, assembled, installed, tested, inspected, advertised, marketed, and sold, the TRACTOR was defective and unreasonably dangerous in ways which could foreseeably cause harm, injury or damage to persons who might be inside it, including Plaintiffs Decedent, Ismael Jimenez, and all other BUS passengers at the time of the incident which gives rise to this action. In addition, Defendants VOLVO and DOES through 0 and through 0, inclusive, and each of them, failed to design, manufacture, assemble, install, test, inspect, advertise, market, and sell the TRACTOR with adequate combustion, exhaust and ventilation systems. As a further direct and proximate result of the above described defective condition the TRACTOR created a risk that if its combustion, exhaust and ventilation systems did not operate as designed and intended to
operate there was a risk that the operator of the TRACTOR, EVANS, BUS passengers and the public in general would be exposed to injury and death should its inadequate combustion, exhaust and ventilation systems allow for the intrusion and collection of carbon monoxide in the interior cab of the TRACTOR thereby impairing the operator, EVANS, and affecting his ability to safely control, operate and drive the TRACTOR.. Since Defendants VOLVO and DOES through 0 and through 0, inclusive, and each of them, are in the business of designing, manufacturing, assembling, installing, testing, inspecting, advertising, marketing and selling the TRACTOR and similar products, which have been, are, and will be distributed or sold throughout the State of California, these Defendants are liable to the Plaintiffs under the theory of strict products liability. The TRACTOR was designed, manufactured, assembled, installed, tested, inspected, advertised, marketed, and sold so that its defective condition would be undiscoverable to Plaintiffs Decedent, Ismael Jimenez, other BUS passengers and the public in general until such time as an incident occurred.. The defective condition of the TRACTOR was not observable by either Plaintiffs Decedent, Ismael Jimenez, or other BUS passengers, each of whom lacked the technical skill and knowledge required to examine the TRACTOR for defects, and each of whom relied upon Defendants VOLVO and DOES through 0 and through 0, inclusive, and each of them, to design, manufacture, assemble, install, test, inspect, advertise, market, and sell the TRACTOR in a condition fit for the use and purposes intended.. The design, manufacture, assembly, installation, testing, inspection, advertising, marketing, and sale of the TRACTOR did not provide for the customary protection to its users, including, but not limited to, failing to provide adequate combustion, exhaust and ventilation systems to prevent the intrusion and collection of carbon monoxide in the interior cab of the TRACTOR thereby impairing the operator, EVANS, and affecting his ability to safely control, operate, and drive the TRACTOR.. At the time that the TRACTOR was designed, manufactured, assembled, installed, tested, inspected, advertised, marketed, and sold, safer alternative designs were available that were technologically and economically feasible, and which would not have substantially impaired the
product s utility. Had these safer alternative designs been utilized, they would have prevented the injuries to, and subsequent death of, Plaintiffs Decedent, Ismael Jimenez.. The TRACTOR was unreasonably dangerous to Plaintiffs Decedent, Ismael Jimenez, other BUS passengers and the public in general. The defects in the design, manufacture, assembly, installation, testing, inspection, advertising, marketing, and sale of the TRACTOR were the proximate or producing cause of the injuries to, and subsequent death of, Plaintiffs Decedent, Ismael Jimenez.. On April,, as a direct and proximate result of the conduct of Defendants VOLVO and DOES through 0 and through 0, inclusive, and each of them, and the consequent injuries and damages to, and death of, their Decedent, the Plaintiffs have suffered the loss of love, companionship, comfort, care, assistance, protection, affection, society, moral support, training, and guidance of their Decedent, all to their general and non-economic damages in an amount which is in excess of this Court s minimum jurisdictional amount and which will be stated according to proof at the time of trial, pursuant to California Code of Civil Procedure... As a further, direct and proximate result of the conduct of Defendants VOLVO and DOES through 0 and through 0, inclusive, and each of them, and the consequent injuries and damages to, and death of, their Decedent, the Plaintiffs have lost the earnings, financial support, gifts, benefits, and household services that their Decedent had previously and would have continued to provide to them had the incident of April,, not occurred, all to their special and economic damages in an amount which will be stated according to proof at the time of trial, pursuant to California Code of Civil Procedure.. 0. As a further, direct and proximate result of the conduct of Defendants VOLVO and DOES through 0 and through 0, inclusive, and each of them, and the consequent injuries and damages to, and death of, their Decedent, the Plaintiffs have incurred funeral, mortuary, and burial expenses in an amount which will be stated according to proof at the time of trial, pursuant to California Code of Civil Procedure... The Plaintiffs allege that they are entitled to prejudgment interest pursuant to California Civil Code from the date of the incident on April,, up to and including the date of judgment, according to proof.
WHEREFORE, Plaintiffs ANTONINO JIMENEZ; PATRICIA JIMENEZ, Individually and as Successor-in-Interest to ISMAEL JIMENEZ, Deceased, pray for judgment against Defendants, FEDERAL EXPRESS CORPORATION, A Delaware Corporation dba FEDEX CORPORATION; FEDEX FREIGHT, INC., An Arkansas Corporation dba FEDEX FREIGHT; SILVERADO STAGES, INC., A California Corporation; VOLVO TRUCKS NORTH AMERICA, INC., A Delaware Corporation; and DOES through 0, inclusive, jointly and/or severally, as follows:. For general damages for the wrongful death of Plaintiffs Decedent, Ismael Jimenez;. For all past funeral, mortuary, burial, and incidental expenses for Plaintiffs Decedent Ismael Jimenez, according to proof;. For all loss of future support from Plaintiffs Decedent, Ismael Jimenez, according to proof;. For prejudgment interest from the date of the incident on April,, to the date of Judgment, as provided by law;. For costs of litigation; and. For such other and further relief as this Court may deem just and proper. DATED: May, KIESEL LAW LLP By: Paul R. Kiesel Steven D. Archer Mariana Aroditis Attorneys for Plaintiffs ANTONINO JIMENEZ, PATRICIA JIMENEZ, Individually and as Successor-in- Interest to ISMAEL JIMENEZ, Deceased
DEMAND FOR TRIAL BY JURY Plaintiffs ANTONINO JIMENEZ; PATRICIA JIMENEZ, Individually and as Successor-in- Interest to ISMAEL JIMENEZ, Deceased, hereby demand a trial by jury to the full extent permitted by law. DATED: May, KIESEL LAW LLP KIESEL LAW LLP By: Paul R. Kiesel Steven D. Archer Mariana Aroditis Attorneys for Plaintiffs ANTONINO JIMENEZ, PATRICIA JIMENEZ, Individually and as Successor-in-Interest to ISMAEL JIMENEZ, Deceased