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1993 Honda Accord Tire Defect and Truck Driver's Negligence Cause Wrongful Death

SUPERIOR COURT OF CALIFORNIA COUNlY OF SAN BERNARDINO, CENTRAL JUDICIAL DISTRICT

MARTIN MORENO, as Guardian Ad Litem for MARTIN MORENO, JR., a minor, and DAVID MORENO, a minor, as Successors in Interest to TRICIA NOELLE TIGUE, decedent, and THE ESTATE OF TRICIA NOELLE TIGUE,

COMPLAINT FOR DAMAGES
Wrongful Death (Unlimited Jurisdiction)
Assigned for All Purposes to:

Plaintiffs,
vs.
DEEP WATER TRANSPORT ENTERPRISES, Inc., a North Carolina corporation, DONNIE D. HARDISON, an individual; and, DOES 1 through 10, inclusive,
Defendant

  1. COMES NOWS PLAINTIFFS, MARTIN MORENO, JR., a minor, and DAVID MORENO, a minor, by and through their Guardian Ad Litem, MARTIN MORENO (hereinafter collectively referred to as "Plaintiffs") to bring causes of action for the wrongful death of their mother TRICIA NOELLE TIGUE (hereinafter referred to in this Complaint as "Decedent") pursuant to the Code of Civil Procedure Section 377.60 based on their relationship to the decedent as follows:
  2. Name: Relationship: Residence:
    Martin Moreno, Jr., son of 50 S. Willow Avenue, #158
    a minor, age 2 TRICIA NOELLE TIGUE Rialto, CA
    David Moreno, son of decedent 350 S. Willow Avenue, #158
    a minor, age 6 TRICIA NOELLE TIGUE Rialto, CA

    At all times herein mentioned, the decedent, TRICIA NOELLE TIGUE, was a resident of Rialto located at 350 S. Willow Avenue, Space 158, City of Rialto, County of San Bernardino, State of California.

  3. Plaintiffs MARTIN MORENO, JR and DAVID MORENO are minors and are the sale surviving sons and wrongful death beneficiaries of the decedent, TRICIA NOELLE TIGUE and of THE ESTATE OF TRICIA NOELLE TIGUE.
  4. After a reasonable investigation and inquiry and at all times herein mentioned, Plaintiffs are informed and believe, and on that basis allege, that the defendant, DEEP WATER TRANSPORT ENTERPRISES, INC., is a North Carolina corporation doing business in the State of California and owner of a certain 2000 Peterbilt, 3-axle tractor truck, North Carolina License Number LF4903 and a 2000 Home, 2-axle trailer, North Carolina License Number BM69683 and employer of defendant, DONNIE D. HARDISON.
  5. After a reasonable investigation and inquiry and at all times herein mentioned, Plaintiffs are informed and believe, and on that basis allege, that the defendant, DONNIE D. HARDISON is, and at all times herein mentioned, was an individual and a resident of the City of Washington, State of North Carolina and a paid employee of defendant, DEEP WATER TRANSPORT ENTERPRISES, INC.
  6. The events upon which the Decedent's complaint is based also took place on the Interstate 10 Freeway in an unincorporated area of San Bernardino, County of San Bernardino, State of California.
  7. Plaintiffs are ignorant of the true names and capacities of the Defendants sued herein as DOES 1 through 25, inclusive, and therefore sues these Defendants by such fictitious names. Plaintiffs will amend their Complaint to allege their true names and capacities of the DOE defendants when ascertained. Plaintiffs are further lnforrnc and believe, and on that basis allege, that each of the fictitiously named Defendants are negligently and legally responsible for the collision, occurrences, injuries, death of decedent and damages as herein alleged.
  8. After a reasonable investigation and inquiry and at all times herein mentioned, Plaintiffs are informed and believe, and on that basis allege, that the Defendants, and each of them, were the agents and/or employees of their co-defendants, and in doing the things alleged in the Complaint, were acting within the course and scope of such agency and/or employment.
  9. Immediately prior to her death, the decedent, TRICIA NOELLE TIGUE, age 25, was in excellent physical and mental condition and health, she was five (5) months pregnant with her third (3) child and the mother of her two (2) minor sons, plaintiffs MARTIN MORENO, JR and DAVID MORENO.
  10. COMPLAINT FOR DAMAGES

  11. Plaintiffs are informed and believe that on August 15, 2007, at approximately 2:25 p.m., defendant, DONNIE D. HARDISON, as a paid employee of defendant DEEP WATER TRANSPORT ENTERPRISES, INC., was the operator and driver of a certain DEEP WATER TRANSPORT ENTERPRISES, INC. 2000 Peterbilt, 3-axle tractor truck, North Carolina License Number LF4903 and a 2000 Home, 2-axle trailer, North Carolina License Number BM69683 trailer (hereinafter"tractor and trailer'') driving eastbound on the Interstate 10 Freeway in the unincorporated area of San Bernardino County, California. At that time and place, Defendant HARDISON with full and exclusive control of his tractor and trailer illegally and/or unlawfully stopped, illegally and/or unlawfully parked and illegally and/or unlawfully left standing the DEEP WATER TRANSPORT ENTERPRISE'S tractor and trailer upon the open Interstate 10 Freeway with no emergency and without any justification or legal exception. Instead, defendant DONNIE D. HARDISON while acting as a paid employee of defendant DEEP WATER TRANSPORT ENTERPRISES, INC made the election, decision and choice to abandon the safe and legal operation of the tractor and trailer vehicle and instead defendant DONNIE D. HARDISON "climbed into the sleeper" portion of the DEEP WATER TRANSPORT ENTERPRISES tractor sleeper "to rest" while the tractor and trailer were knowingly stopped and illegally and/or unlawfully parked within the Interstate 10 Freeway emergency lane.
  12. At that time, the decedent, TRICIA NOELLE TIGUE, was driving her 1993 Honda Accord, California License 4ZGF941, eastbound on Interstate 10 in an unincorporated area of San Bernardino County, State of California. Decedent was COMPLAINT FOR DAMAGES 4 safely and legally driving her vehicle within the posted speed limit, within a marked lane. Due to an unexpected and sudden tire failure, Plaintiff's vehicle moved to the right "slow lane" and towards the right shoulder emergency lane. However, DEEP WATER TRANSPORT ENTERPRISE'S tractor and trailer was illegally parked and stopped in the Interstate 10 Freeway emergency lane. As a result, decedent, TRICIA NOELLE TIGUE was unable to avoid a violent impact and collision with defendant DEEP WATER TRANSPORT ENTERPRISES, INC'S. tractor and trailer illegally parked and stopped in the Interstate 10 Freeway emergency lane. As a result, Defendants, and each of them, caused a violent impact and collision with Decedent's vehicle with defendant DEEP WATER TRANSPORT ENTERPRISES, INC'S illegally parked and stopped tractor and trailer and further legally caused substantial injuries, damages and the death to decedent TRICIA NOELLE TIGUE.
  13. At the aforementioned time and place, defendant, DONNIE D. HARDISON owed a duty to drive the DEEP WATER TRANSPORT ENTERPRISES, INC'S tractor and trailer safe, obey the basic "rules of the road", obey the California Vehicle Code laws andnot illegally or unlawfully stoporparkthetractor and trailerontheInterstate10 Freeway emergency lane. The defendant, DONNIE D. HARDISON breached all of those duties, "rules of the road" and laws and defendant, DONNIE D. HARDISON so negligently, carelessly, recklessly, illegally and/or unlawfully drove, operated, stopped and parked the DEEP WATER TRANSPORT ENTERPRISES, INC'S tractor and trailer upon the open Interstate 10 Freeway and in the designated emergency lane so as to legally cause the violent and fiery collision with Decedent and Decedent's vehicle and to legally cause all the injuries, damages and death of the Decedent as hereinafter described.
  14. At the aforementioned time and place, defendant DEEP WATER TRANSPORT ENTERPRISES, INC. and DOES 1 through 10, inclusive, so negligently, carelessly, recklessly and/or unlawfully employed and trained defendant DONNIE D. HARDISON and so negligently, carelessly, recklessly and/or unlawfully entrusted and/or owned Defendant's tractor and trailer to Defendant so as to legally cause and/or contribute to the severe and substantial injuries, damages and death of the decedent TRICIA NOELLE TIGUE.
  15. As a further legal result of the foregoing negligence and carelessness of the Defendants, and each of them, as herein alleged, and the death of the Decedent, plaintiffs, MARTIN MORENO, JR. and DAVID MORENO, by and through their Guardian Ad Litem, MARTIN MORENO asthe surviving sons, have been deprived of a kind and lOVing and caring mother and of her care, comfort, society, protection, companionship, affection, solace, financial and moral support, physical assistance and love of their mother all to Plaintiffs' damages in amounts to be determined at trial.
  16. As a further legal result of the foregoing negligence and carelessness of the Defendants, and each of them, as herein alleged, and the death of the Decedent, Plaintiffs have been generally damaged in sums to be established according to proof as provided by the California Code of Civil Procedure Sections 425.10 and 425.11 et seq.
  17. As a further legal result of the negligence, carelessness, and unlawful acts of the Defendants, and each of them, the Plaintiffs have incurred reasonable and necessary expenses for the Decedent's funeral, burial and memorial services all to their damage in amounts presently unascertained and to be determined at trial.

WHEREFORE, THE PLAINTIFFS SEEK JUDGMENT AGAINST THE DEFENDANTS, AND EACH OF THEM, AS FOLLOWS:

  1. For Loss of companionship, society, comfort, attention, love, services and financial and other supportfrom their mother, decedent TRICIA NOELLE TIGUE;
  2. For Funeral, Burial and Incidental expenses according to proof at trial;
  3. For Costs of Suit; and,
  4. For other such relief as the court may deem proper. For other such relief as the court may deem proper.

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