federal complaint

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1 COMPLAINT Case No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 James P. Frantz, Esq., SBN 87492 William P. Harris III, Esq., SBN 123575 Kira C. Guisto, Esq., SBN 292544 George T. Stiefel, Esq., SBN 297611 FRANTZ LAW GROUP, APLC 402 West Broadway, Suite 860 San Diego, CA 92101 [email protected] [email protected] [email protected] [email protected] Telephone: (619) 233-5945 Facsimile: (619) 525-7672 Attorneys for Plaintiffs UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA GABRIEL J. OLIVAS, an individual; GABRIEL J. OLIVAS as successor in interest to Guadalupe Olivas; GUILLERMINA MORALES, an individual; PAMELA MORALES, an individual; FRANCISCO GARCIA- JIMENEZ, an individual; MARIELA GARCIA JIMENEZ, an individual; FRANCISCO GARCIA ARCINIEGA; FRANCISCO GARCIA ARCINIEGA as successor in interest to Elvira Guadalupe Garcia Jimenez; FERNANDO HERNANDEZ ROMO, an individual; RAFAEL BECERRA, an individual; LOURDES VERONICA CORVERA HERNANDEZ, an individual; PAOLA BECERRA ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. COMPLAINT FOR WRONGFUL DEATH AND PERSONAL INJURY DAMAGES BASED UPON THE FTCA/NEGLIGENCE '15 CV2882 RBB H Case 3:15-cv-02882-H-RBB Document 1 Filed 12/21/15 Page 1 of 17

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Complaint for wrongful death and personal injury damages based upon the FTCA/Negligence

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Page 1: Federal Complaint

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COMPLAINT Case No.

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James P. Frantz, Esq., SBN 87492

William P. Harris III, Esq., SBN 123575

Kira C. Guisto, Esq., SBN 292544

George T. Stiefel, Esq., SBN 297611

FRANTZ LAW GROUP, APLC 402 West Broadway, Suite 860

San Diego, CA 92101

[email protected]

[email protected]

[email protected]

[email protected]

Telephone: (619) 233-5945

Facsimile: (619) 525-7672

Attorneys for Plaintiffs

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF CALIFORNIA

GABRIEL J. OLIVAS, an

individual; GABRIEL J. OLIVAS as

successor in interest to Guadalupe

Olivas; GUILLERMINA

MORALES, an individual;

PAMELA MORALES, an

individual; FRANCISCO GARCIA-

JIMENEZ, an individual; MARIELA

GARCIA JIMENEZ, an individual;

FRANCISCO GARCIA

ARCINIEGA; FRANCISCO

GARCIA ARCINIEGA as successor

in interest to Elvira Guadalupe

Garcia Jimenez; FERNANDO

HERNANDEZ ROMO, an

individual; RAFAEL BECERRA, an

individual; LOURDES VERONICA

CORVERA HERNANDEZ, an

individual; PAOLA BECERRA

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )))))))

Case No.

COMPLAINT FOR WRONGFUL

DEATH AND PERSONAL INJURY

DAMAGES BASED UPON THE

FTCA/NEGLIGENCE

'15CV2882 RBBH

Case 3:15-cv-02882-H-RBB Document 1 Filed 12/21/15 Page 1 of 17

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CORVERA, a minor by and through

her guardian ad litem Luis Manuel

De La Parra Ahumada and

JONATHAN MORAN CUELLAR

Plaintiffs,

vs.

UNITED STATES OF AMERICA;

and DOES 1-50, Inclusive,

Defendants.

______________________________

))))) ) ) ) ) ) ) ) ) ) ) ) )

Come now the Plaintiffs and for causes of action against the Defendants, and

each of them, complain and allege upon information and belief as follows:

NATURE OF THE ACTION

1. This is a wrongful death and personal injury action arising out of a

commercial bus collision, which was regulated, overseen, inspected, and certified

by the United States of America, Department of Transportation, Federal Motor

Carrier Safety Administration (FMCSA). Just three months and two days before

the subject incident, the FMCSA placed a CVSA decal on the subject bus,

signifying to Plaintiffs, the public, and other inspectors/regulators (including the

California Highway Patrol) that the subject bus was safe and fit for operation. Less

than a month prior to the subject incident, FMCSA conducted a Compliance

Review of the subject operating company; the review was prompted by repeated

roadside maintenance deficiencies but the inspector did not review full

maintenance records which were required to be produced and the review did not

include an inspection of any vehicles. FMCSA issued a “Satisfactory” rating

following the review, which occurred at a self-storage facility (the review is

required to take place at the carrier’s principal place of business). For the weeks,

months, and years prior to the subject collision, FMCSA failed to properly perform

Case 3:15-cv-02882-H-RBB Document 1 Filed 12/21/15 Page 2 of 17

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and apply its clear duties and instead issued a CVSA decal and Satisfactory rating

to the subject bus and carrier in violation of clear rules, procedures, laws and

policies that did not involve the exercise of discretion.

JURISDICTION & VENUE

2. This action is brought pursuant to the Federal Tort Claims Act

(FTCA), 28 U.S.C. §§ 1346(b), 2671 et seq., against the United States of America,

which vests exclusive subject matter jurisdiction of Federal Tort Claims litigation

in the Federal District Court.

3. Venue is proper in the Southern District of California pursuant to 28

U.S.C. § 1402(b) and 28 U.S.C. § 1391(e)(1), because the United States is a

defendant and plaintiff GABRIEL J. OLIVAS resides in the County of San Diego,

State of California which is in the jurisdiction of the United States District Court

for the Southern District of California. Actions alleged herein by the United States

occurred in the City of San Diego and National City, both situated in the County of

San Diego, State of California.

PARTIES

4. GABRIEL J. OLIVAS was a passenger on the subject bus and the

husband of Guadalupe Olivas, deceased. GABRIEL J. OLIVAS is, and at all times

mentioned was, a resident of the County of San Diego, California. Plaintiff

GABRIEL J. OLIVAS brings this action individually and as successor-in-interest

to Guadalupe Olivas (also known as Maria Guadalupe Jimenez Reynoso).

5. GUILLERMINA MORALES was a passenger on the subject bus and

the mother of Pamela Morales, also a passenger.

6. PAMELA MORALES was a passenger on the subject bus and

daughter of Guillermina Morales.

7. JONATHAN MORAN CUELLAR was a passenger on the subject

bus.

8. FRANCISCO GARCIA-JIMENEZ is the son of Guadalupe Olivas,

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deceased.

9. MARIELA GARCIA JIMENEZ is the daughter of Guadalupe

Olivas, deceased.

10. FRANCISCO GARCIA ARCINIEGA is the father of Elvira

Guadalupe Garcia Jimenez, deceased. Plaintiff FRANCISCO GARCIA

ARCINIEGA brings this action individually and as successor-in-interest to Elvira

Guadalupe Garcia Jimenez.

11. FERNANDO HERNANDEZ ROMO was a passenger on the subject

bus.

12. RAFAEL BECERRA was a passenger on the subject bus. Rafael

Becerra brings this action individually and for loss of consortium for the injuries to

his wife, Lourdes Veronica Corvera Hernandez.

13. LOURDES VERONICA CORVERA HERNANDEZ was a

passenger on the subject bus and is the wife of Rafael Becerra.

14. PAOLA BECERRA CORVERA, a minor by and through her

guardian ad litem Luis Manuel De La Parra Ahumada, was a passenger on the

subject bus and the daughter of Rafael Becerra and Lourdes Veronica Corvera

Hernandez.

15. Plaintiffs are ignorant of the true names and capacities of the

defendants sued herein as DOES 1-100, inclusive, and therefore sue these

defendants by such fictitious names. Wherever in this Complaint it refers to

"Defendants," such reference shall include each expressly named defendant and all

DOE Defendants. Plaintiff will seek leave of this Court to amend this Complaint to

set forth the true names of the fictitiously named Defendants when their true

identities become known. Plaintiffs are informed and believe and based thereon

allege that each of the fictitiously named defendants is negligently responsible in

some manner for the occurrences herein alleged, and that plaintiffs’ injuries as

herein alleged were proximately caused by that negligence.

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16. Plaintiffs are informed and believe and thereon allege that at all times

herein mentioned each of the defendants was the agent and employee of the

remaining defendants, and in doing the things hereinafter alleged, was acting

within the course and scope of such agency and employment.

STATUTORY BASIS OF LIABILITY AGAINST

THE UNITED STATES OF AMERICA

17. This case is brought against the United States of America pursuant to

28 U.S.C. § 2671 et seq., commonly referred to as the “Federal Tort Claims Act”.

Liability of the United States is predicated specifically on 28 U.S.C. §§ 1346(b)(1)

and 2674 because the personal injuries, wrongful death, and resulting damages that

form the basis of this complaint, were proximately caused by the negligence,

wrongful acts and/or omissions of employees of the United States of America

through its agency, the United States Department of Transportation and the Federal

Motor Carrier Safety Admiration (collectively, “FMCSA”). These employees

were acting within the course and scope of their office or employment, under

circumstances where the United States of America, if a private person, would be

liable to the Plaintiff in the same manner and to the same extent as a private

individual under the laws of the State of California

18. Pursuant to 28 U.S.C. § 2675, this claim was presented to the

appropriate agency of Defendant, the United States of America, namely the U.S.

Department of Transportation, FMCSA for the claims of Plaintiffs. Said

Defendant denied the claims in a letter dated June 24, 2015.

GENERAL ALLEGATIONS

19. Plaintiffs incorporate by this reference each and all of the allegations

contained in the preceding paragraphs as though fully set forth herein.

20. On or about February 3, 2013, Plaintiffs were passengers on a

motorcoach operated by Scapadas Magicas LLC (hereinafter “SCAPADAS”). The

motorcoach (hereinafter the “subject bus”) contained a Commercial Vehicle Safety

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Alliance (CVSA) decal placed upon it by agents of the United States of America

acting through the Department of Transportation and the Federal Motor Carrier

Safety Administration (“FMCSA”) and DOES 1-50.

21. The CVSA decal indicated to passengers, the public and other

regulators (such as the California Highway Patrol) that the subject bus was safe, fit

and did not require further inspection.

22. However, unknown to Plaintiffs, the subject bus had major

mechanical deficiencies.

23. As the subject bus was going down a winding mountain road

returning from Big Bear Lake, California, the driver lost control of the subject bus

due to mechanical failures of the brakes. Plaintiffs were terrified, grasping their

loved ones and thinking that their lives were about to end.

24. The subject bus collided with another vehicle, crossed into an

opposing uphill lane, struck an embankment on the left side of the roadway, and

overturned toward the passenger side and collided with a Ford F-150. Several

passengers were ejected from the subject bus. The subject bus and F-150 were

redirected to the westbound lanes, where the bus rolled upright, struck a boulder

adjacent to a drainage ditch on the right side of the roadway, and came to rest

blocking both lanes of SR-38.

25. As a result of the incident Plaintiff GABRIEL J. OLIVAS was

injured and witnessed his wife, Guadalupe Olivas, die.

26. Elvira Guadalupe Garcia Jimenez died as a result of the subject

incident.

27. Plaintiffs GUILLERMINA MORALES, PAMELA MORALES,

JONATHAN MORAN CUELLAR, FERNANDO HERNANDEZ ROMO,

RAFAEL BECERRA, LOURDES VERONICA CORVERA HERNANDEZ, and

PAOLA BECERRA CORVERA were all seriously injured in their health and

strength and suffered emotionally as a result of the incident.

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28. The subject bus had numerous mechanical problems that directly

contributed to the incident. Mechanical deficiencies were identified for all six

brakes that qualified the brakes as defective according to clear North American

Standard Inspection Program OOS criteria.

29. The FMCSA conducted Compliance Reviews of SCAPADAS in the

years and months prior to the subject incident. According to the National

Transportation Safety Board, FMCSA failed to make a complete review of

SCAPADAS’ business records.

30. The National Transportation Safety Board also found that despite the

FMCSA having documented numerous vehicle violations associated with

SCAPADAS in roadside inspections, the most recent precrash Compliance Review

of SCAPADAS did not include inspection of any vehicles.

31. On October 25, 2012, a FMCSA agent issued the aforementioned

CVSA decal to the subject bus. Vehicles bearing a CVSA decal will not be

stopped or reinspected for approximately three months. Clear, non-discretionary

guidelines were in place for the FMCSA agent to issue a CVSA decal and the

agent was not allowed not charged with, nor did said agent exercise, any discretion

authority. The agent was acting in the course and scope of the agent’s duties as an

employee of the FMCSA, U.S. Department of Transportation, and the United

States.

32. On January 9, 2013, less than a month before the subject incident,

FMCSA conducted a Compliance Review of SCAPADAS and rated the company

Satisfactory. The inspector noted that SCAPADAS failed to provide the necessary

documentation for the review. The inspection occurred at a self-storage facility in

National City, County of San Diego, State of California. Although the January 9,

2013 Compliance Review was conducted because of excessive maintenance issues,

the review did not address any mechanical violations.

33. The mechanical conditions that were identified postcrash as a cause

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of the incident were present at the time of the October 25, 2012 roadside inspection

and the January 9, 2013 Compliance Review. According to the NTSB, the

deficiencies were longstanding problems.

34. With respect to the October 25, 2012 roadside inspection, leading to

the FMCSA’s sanctioning of the subject bus, in violation of clear policies and

standards for issuing a CVSA decal and inspecting the subject bus, the inspection

reported only axle number two brake measurements. The wedge brakes on the first

and third axles were omitted from the inspection, even though required.

Furthermore, the brake measurement numbers from axle two do not appear

realistic such that it does not appear that they were actually measured or that they

were misreported.

35. The FMCSA failed to meet its mandatory duties, and as such,

breached its duty of care to Elvira Guadalupe Garcia Jimenez, Guadalupe Olivas

and Plaintiffs and plaintiffs herein, which breach was a substantial factor in

bringing about the damages as more fully set forth herein. Furthermore, given the

breach of the aforesaid mandatory duties, the FMCSA did not have the discretion

to breach its duty of care. Furthermore, the breach of the aforesaid mandatory

duties were not breached as a matter of public policy, and as a result, the FMCSA

did not have the discretion to act in the way that it did in allowing the subject

CVSA decal and Satisfactory rating and in failing to appropriately monitor the

subject bus and SCAPADAS, which if they had been monitored, would have

disclosed the breaches by the FMCSA and SCAPADAS as set forth herein.

FIRST CAUSE OF ACTION – FTCA/NEGLIGENCE

(Against Defendant United States of America and DOES 1-50)

36. Plaintiffs incorporate by reference each and every allegation as

though fully set forth herein at length.

37. Defendant, the United States of America, and DOES 1-50 were

negligent in its conduct leading up to and during the conduct that led to the death

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of Elvira Guadalupe Garcia Jimenez, Guadalupe Olivas and significant injuries to

Plaintiffs GABRIEL J. OLIVAS, an individual; GABRIEL J. OLIVAS as

successor in interest to Guadalupe Olivas; GUILLERMINA MORALES, an

individual; PAMELA MORALES, an individual; FRANCISCO GARCIA-

JIMENEZ, an individual; MARIELA GARCIA JIMENEZ, an individual;

FRANCISCO GARCIA ARCINIEGA; FRANCISCO GARCIA ARCINIEGA as

successor in interest to Elvira Guadalupe Garcia Jimenez; FERNANDO

HERNANDEZ ROMO, an individual; RAFAEL BECERRA, an individual;

LOURDES VERONICA CORVERA HERNANDEZ, an individual; PAOLA

BECERRA CORVERA, a minor by and through her guardian ad litem Luis

Manuel De La Parra Ahumada and JONATHAN MORAN CUELLAR and said

Defendants were grossly negligent and enhanced the risk of injury and death to

Elvira Guadalupe Garcia Jimenez, Guadalupe Olivas and Plaintiffs. FMCSA and

DOES 1-50 failed to adequately discharge their responsibilities and failed to apply

clear laws, regulations and standards and, in fact, acted contrary to said clear laws,

regulations and standards.

38. The FMCSA and DOES 1-50 undertook to advise, warn and/or

certify to Plaintiffs the fitness, or lack thereof, of a particular bus. Plaintiffs relied

upon representations by the FMCSA and DOES 1-50, including placement of the

aforementioned CVSA decal, that the subject bus was fit and safe and acted based

upon the representation that the subject bus and SCAPADAS were fit and safe.

The FMCSA and DOES 1-50 did not exercise reasonable care in its actions and

omissions. As alleged herein, the FMCSA and DOES 1-50 did negligently fail to

conduct and/or negligently conducted the October 25, 2012 inspection of the

subject bus.

39. The FMCSA’s and DOES 1-50’s negligent performance of their

tasks placed Plaintiffs in a more vulnerable position than they would have been in

had the government not acted at all. The subject bus would not have been

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operating had the government not acted at all. Furthermore, FMCSA and DOES 1-

50 placement of the aforementioned CVSA decal prevented others from inspecting

the subject bus.

40. The FMCSA and DOES 1-50 negligently conducted and/or

negligently failed to conduct the January 2013 Compliance Review. Compliance

Review policies and procedures are mandated by FMCSA headquarters through,

among other things, the Electronic Field Operations Training Manual (“eFOTM”).

The eFOTM state that Compliance Reviews are to be conducted at the carrier’s

principal place of business. The eFOTM further states that the inspector is to

determine the carrier’s operational characteristics, review the paperwork flow of

the company, identify issues and tour the facility. According to Federal

Regulations, the motor carrier must make records required by the Federal

Regulations available at its principal place of business within 48 hours after a

request has been made for a special agent or representative of the FMCSA. Due to

a substantial number of deficiencies in roadside inspections of SCAPADAS

vehicles, the FMCSA’s database issued an alert requiring a Compliance Review.

On January 9, 2013, less than a month before the subject incident, FMCSA

conducted a Compliance Review of SCAPADAS and rated the company

Satisfactory. The FMCSA and DOES 1-50 conducted the January 9, 2013

Compliance Review at an off-site, self-storage facility – which is not a principal

place of business that the regulations, laws and standards required the review to

take place. FMCSA and DOES 1-50 further did not inspect any SCAPADAS

vehicles. SCAPADAS advised FMCSA agents, including DOES 1-50, that

maintenance records were maintained at its principal place of business and the

maintenance records SCAPADAS produced were written in the Spanish language.

If FMCSA and DOES 1-50 exercised reasonable care and diligence, the

Compliance Review would have resulted in an order to cease operations and/or

placed the subject bus out of service.

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41. The FMCSA and DOES 1-50 assumed a duty to inspect the subject

bus and SCAPADAS, failed to exercise due care, caused Plaintiffs and subsequent

inspectors and regulators to rely on the October 25, 2012 CVSA decal and January

9, 2013 Compliance Review, and thereby caused damages

42. The FMCSA and DOES 1-50 were not engaged in rule-making or

discretionary functions in performing the actions alleged herein but rather FMCSA

agents were applying and/or failed to apply clear rules, regulations, laws and

standards. The laws, rules, regulations and standards and the conduct of FMCSA

and DOES 1-50 involved the matching of facts against a clear rule or standard such

that the actions alleged herein were operational and not discretionary. FMCSA and

DOES 1-50 did not exercise policy judgment in performing the acts alleged herein

nor did FMCSA’s agents who conducted the inspections and reviews have policy-

making authority.

43. As a direct and proximate result of the aforesaid conduct and other

tortious acts and omissions of the defendant, the United States of America, the

subject bus and SCAPADAS operated and continued to operate by, from Plaintiffs’

viewpoint, sanction of the UNITED STATES and the events alleged herein

occurred. Elvira Guadalupe Garcia Jimenez, Guadalupe Olivas, and Plaintiffs

were permitted to board the subject bus, believing it was safe. Other regulators

and inspectors did not reinspect the subject bus to take it off the road.

44. Prior to the wrongful death of Guadalupe Olivas, she was a source of

love, companionship, comfort, care, assistance, protection, affection, society,

moral support, financial support, gifts and benefits, sexual relations, training and

guidance to her husband Plaintiff GABRIEL J. OLIVAS.

45. Prior to the wrongful death of Guadalupe Olivas, she was a source of

love, companionship, comfort, care, assistance, protection, affection, society,

moral support, financial support, gifts and benefits, training and guidance to her

daughter Plaintiff MARIELA GARCIA JIMINEZ and her son FRANCISCO

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GARCIA-JIMENEZ.

46. Prior to the wrongful death of Elvira Guadalupe Garcia Jimenez, she

was a source of love, companionship, comfort, care, assistance, protection,

affection, society, moral support, financial support, gifts and benefits, training and

guidance to her father, Plaintiff FRANCISCO GARCIA ARCINIEGA.

47. As a direct and proximate result of the aforesaid conduct and other

tortious acts and omissions of the defendant, the United States of America, and the

resulting death of Elvira Guadalupe Garcia Jimenez, Plaintiff FRANCISCO

GARCIA ARCINIEGA has suffered and continues to suffer non-economic losses,

including but not limited to: loss of the decedent’s love, companionship, comfort,

care, assistance, protection, affection, society, moral support, training and

guidance, in an amount according to proof at trial. As a direct and proximate result

of the aforesaid conduct and other tortious acts and omissions of the defendant, the

United States of America, and the resulting death of Elvira Guadalupe Garcia

Jimenez, Plaintiff FRANCISCO GARCIA ARCINIEGA has suffered and

continues to suffer economic losses, including: loss of income, loss of support, loss

of services, loss of gifts, and loss of other economic benefits, in an amount

according to proof at trial. As a direct and proximate result of the conduct and

other tortious acts and omissions of the defendant, the United States of America,

the decedent’s property was lost, damaged or destroyed, causing economic loss in

an amount according to proof at trial.

48. As a direct and proximate result of the aforesaid conduct and other

tortious acts and omissions of the defendant, the United States of America, and the

resulting death of Guadalupe Olivas, Plaintiffs GABRIEL J. OLIVAS,

FRANCISCO GARCIA-JIMENEZ, and MARIELA GARCIA JIMENEZ, have

each suffered and continue to suffer non-economic losses, including but not limited

to: loss of the decedent’s love, companionship, comfort, care, assistance,

protection, affection, society, moral support, training and guidance, in an amount

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according to proof at trial. As a direct and proximate result of the aforesaid

conduct and other tortious acts and omissions of the defendant, the United States of

America, and the resulting death of Guadalupe Olivas, Plaintiffs GABRIEL J.

OLIVAS, FRANCISCO GARCIA-JIMENEZ, and MARIELA GARCIA

JIMENEZ have each suffered and continue to suffer economic losses, including:

loss of income, loss of support, loss of services, loss of gifts, and loss of other

economic benefits, in an amount according to proof at trial. As a direct and

proximate result of the conduct and other tortious acts and omissions of the

defendant, the United States of America, the decedent’s property was lost,

damaged or destroyed, causing economic loss in an amount according to proof at

trial.

49. As a further direct and proximate result of the wrongful acts, conduct

or omissions of Defendants and DOES 1-50, and each of them, which proximately

caused the death of decedent Guadalupe Olivas, Plaintiff GABRIEL J. OLIVAS as

successor in interest makes claim for special damages including, but not limited to,

funeral, burial, medical expenses and property damage in an amount to be proven

at trial pursuant..

50. As a further direct and proximate result of the wrongful acts, conduct

or omissions of Defendants and DOES 1-50, and each of them, which proximately

caused the death of decedent Elvira Guadalupe Garcia Jimenez, Plaintiff

FRANCISCO GARCIA ARCINIEGA as successor in interest makes claim for

special damages including, but not limited to, funeral, burial, medical expenses and

property damage in an amount to be proven at trial.

51. As a direct and proximate result of the aforesaid conduct and other

tortious acts and omissions of the defendant, the United States of America,

Plaintiffs GABRIEL J. OLIVAS, GUILLERMINA MORALES, PAMELA

MORALES, FERNANDO HERNANDEZ ROMO, RAFAEL BECERRA,

LOURDES VERONICA CORVERA HERNANDEZ, PAOLA BECERRA

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CORVERA, JONATHAN MORAN CUELLAR were hurt and injured in their

health, strength, and activity, sustaining injury to his body and shock and injury to

their nervous systems and persons, all of which said injuries caused and continue

to cause plaintiffs great mental, physical and nervous pain and suffering, all to

plaintiffs’ damage in an amount according to proof at trial. Plaintiffs are informed

and believe and thereon allege that said injuries will result in some permanent

disability to the plaintiffs, the exact amount of which is unknown. Plaintiffs have

suffered and will continue to suffer in the future severe mental and emotional pain

and suffering resulting from their injuries. Leave of court will be sought to amend

this complaint to set forth the exact amount of said general damages at such time as

they are ascertained.

52. As a further, direct and proximate result of said carelessness and

negligence of Defendant and DOES 1-50, and each of them, Plaintiffs GABRIEL

J. OLIVAS, GUILLERMINA MORALES, PAMELA MORALES, FERNANDO

HERNANDEZ ROMO, RAFAEL BECERRA, LOURDES VERONICA

CORVERA HERNANDEZ, PAOLA BECERRA CORVERA, JONATHAN

MORAN CUELLAR were required to, and did employ physicians and surgeons to

examine, treat and care for them and did incur medical expenses in an amount

according to proof, the exact amount of which is unknown to plaintiffs, and

plaintiffs pray leave to amend this complaint to set forth the exact amount thereof

when it is ascertained by them. Plaintiffs are informed and believe and thereon

allege that there will be additional medical expenses, the exact amount of which

are unknown, according to proof at trial.

53. As a further, direct and proximate result of said carelessness and

negligence of Defendant and DOES 1-50, and each of them, Plaintiffs GABRIEL

J. OLIVAS, GUILLERMINA MORALES, PAMELA MORALES, FERNANDO

HERNANDEZ ROMO, RAFAEL BECERRA, LOURDES VERONICA

CORVERA HERNANDEZ, PAOLA BECERRA CORVERA, JONATHAN

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MORAN CUELLAR were prevented from attending to their usual occupation,

sustaining a loss of earnings thereby in a sum as yet ascertained. Plaintiffs are

informed and believe and thereon allege that they will be prevented from attending

to said usual occupation in the future and will sustain further loss of earnings and

loss of earning capacity; plaintiffs pray leave of court to amend this complaint to

set forth the exact amount of such further loss of earnings, loss of opportunity and

loss of earning capacity once the same is ascertained.

PRAYER FOR RELIEF

WHEREFORE, Plaintiffs pray for judgment against Defendant as follows:

a. The support and financial benefit which Plaintiffs GABRIEL J.

OLIVAS, FRANCISCO GARCIA-JIMENEZ, and MARIELA GARCIA

JIMENEZ would have received from Guadalupe Olivas during the period of

Guadalupe Olivas’s and Plaintiffs’ life expectancy;

b. Damages to Plaintiffs GABRIEL J. OLIVAS, FRANCISCO

GARCIA-JIMENEZ, and MARIELA GARCIA JIMENEZ for being deprived of

the love, companionship, comfort, care, assistance, protection, affection, society,

and moral support of Guadalupe Olivas;

c. Damages to Plaintiffs GABRIEL J. OLIVAS, FRANCISCO

GARCIA-JIMENEZ, and MARIELA GARCIA JIMENEZ for funeral expenses

and services in memory of Guadalupe Olivas and for burial expenses;

d. For the reasonable value of household services that Guadalupe Olivas

would have provided to Plaintiffs GABRIEL J. OLIVAS, FRANCISCO GARCIA-

JIMENEZ, and MARIELA GARCIA JIMENEZ;

e. For the loss of gifts and benefits from Guadalupe Olivas that Plaintiffs

GABRIEL J. OLIVAS, FRANCISCO GARCIA-JIMENEZ, and MARIELA

GARCIA JIMENEZ would have expected to receive;

f. The support and financial benefit which Plaintiff FRANCISCO

GARCIA ARCINIEGA would have received from Elvira Guadalupe Garcia

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Jimenez during the period of Elvira Guadalupe Garcia Jimenez’s and Plaintiffs’

life expectancy;

g. Damages to Plaintiff FRANCISCO GARCIA ARCINIEGA for being

deprived of the love, companionship, comfort, care, assistance, protection,

affection, society, and moral support of Elvira Guadalupe Garcia Jimenez;

h. Damages to Plaintiff FRANCISCO GARCIA ARCINIEGA for

funeral expenses and services in memory of Elvira Guadalupe Garcia Jimenez and

for burial expenses;

i. For the reasonable value of household services that Elvira Guadalupe

Garcia Jimenez would have provided to Plaintiff FRANCISCO GARCIA

ARCINIEGA;

j. For the loss of gifts and benefits from Elvira Guadalupe Garcia

Jimenez that Plaintiff FRANCISCO GARCIA ARCINIEGA would have expected

to receive;

k. Plaintiff FRANCISCO GARCIA ARCINIEGA as successor in

interest makes claim for special damages including, but not limited to, funeral,

burial, medical expenses and property damage in an amount to be proven at trial;

l. Plaintiff GABRIEL J. OLIVAS as successor in interest makes claim

for special damages including, but not limited to, funeral, burial, medical expenses

and property damage in an amount to be proven at trial pursuant;

m. Damages for emotional distress;

n. For economic damages;

o. For non-economic damages;

p. For Special Damages;

q. For General Damages; and

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r. For such other and further relief as the court deems just and proper.

Dated: December 21, 2015 FRANTZ LAW GROUP, APLC

/S/ George T. Stiefel

James P. Frantz, Esq.

William P. Harris III, Esq.

Kira C. Guisto, Esq.

George T. Stiefel III, Esq.

Attorneys for Plaintiff

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