After attending an early morning session of an education conference at the San Diego Convention Center, Shanon Miller and a friend hired a pedi-cab to take them back to their nearby hotel.  Unfortunately for Miller and her family, the pedi-cab operator they hired failed to use due care and while swearving amongst the sidewalk in what some have described as a “joy-ride” with Miller and her colleague, Miller was thrown from the cab.  When thrown, Miller struck her head on the sidewalk curb, sustaining a serious closed head injury that proved fatal.  Miller died Monday morning in San Diego, California. 

The specific events of this accident, although still under investigation, have led authorities to believe that the accident was the result of reckless driving by the pedi-cab’s operator.  Identified as 23-year-old Sukru Safa Cinar, police believe that the accident occurred when Cinar drove his pedi-cab onto the sidewalk and began swearving in and out of pedestrians in order to circumvent busy holiday street traffic.  Although charges have not yet been filed, Cinar may face a misdemeanor manslaughter charge it if turns out that his conduct was reckless.

Cinar was an independent contractor who had rented the pedi-cab from a company that rents/leases pedi-cabs to operators for day use.  Although he was not working for a company, he did maintain a work permit as well as a permit to operate the pedi-cab.  Whether he maintained liability insurance is still yet unknown.

The issue of whether or not he maintained liability insurance is critical to the potential recovery surrounding the tragic loss that the family of Shanon Miller has suffered.  Merely 60-years of age, Miller was in the prime of her life.  Her pre-mature death is most unfortunate, for her family and friends.

As a paid-for-hire commercial operator required to use utmost care, Cinar will be held to a very high standard of caution if a wrongful death lawsuit is filed by the family of Shanon Miller.  While pedi-cabs are seemingly fun and innocent vehicles that are frequently used in busy downtown commercial districts, pedi-cabs can be dangerous when not operated with utmost caution.  The civil laws that regulate other commercial transport vehicles such as taxi-cabs and water ferries similarly apply to pedi-cabs. 

The firm Berman & Riedel, LLP is a highly acclaimed San Diego, California based firm which focuses its practice on handling signficiant personal injury and wrongful death matters.  Led by Firm Manging Partner William M. Berman who is recognized as a Top-10 San Diego Personal Injury Attorney, the firm has been lauded for achieving unparallelled success in handling many difficult wrongful death matters with great success, including wrongful death claims involving young children, professional athletes, and elder adults.  More information about the firm’s attorneys or the successes of the firm can be found at either www.bermanlawyers.com or www.sandiego-personalinjurylaw.com.  The attorneys an be contacted anytime by calling the firm at (858) 350-8855.

Due to her failure to accept any responsibility for her role in causing the death of Derek Ritter, Berman & Riedel, LLP tried to case against the girlfriend of the driver involved in the accident, under most difficult legal claims of Negligent Entrustment and Wrongful Death. Evidence was presented at trial to demonstrate that it was Delynn Reed, as the girlfriend of the driver, Dean Ray Osuna, who made a grave error in judgment by giving the keys to her vehicle to her obviously impaired and exhausted boyfriend and encouraging him to drive.

In support of the difficult legal claims pursued against Delynn Reed, evidence was put on at trial showing that the accident happened at 5:13 a.m., on State Route 78, when Osuna, at the request of his girlfriend, Reed, were in the process of “moving” her belongings to her home in San Pasqual Valley. Defendant Reed, who gave Osuna the keys to her truck to drive, was driving directly in front of Osuna in “tandem” and actually witnessed the head-on collision in her rear-view mirror. Notwithstanding the major impact and the fact that Derek Ritter lay on the side of the road, they both fled the scene, Reed driving Osuna away and taking him to her uncle’s house where they remained until apprehended 12 hours later that day.

Prior to the accident, Reed and Osuna had been up all night, with her packing for the intended move and him at band practice. After Reed picked Osuna up at band practice at approximately 2:00 a.m., they returned home so she could finish packing whereupon they then set out on their intended 1 hour and 15 minute drive at approximately 4:30 a.m. Unfortunately, the evidence suggested that Osuna was impaired and exhibited signs of being unfit to drive before they left. Notwithstanding, Reed encouraged Osuna to drive, a decision that proved fatal.

The evidence presented at trial showed that both Reed and Osuna had been partying for three straight days together, using crystal methamphetamine and smoking marijuana, although they both denied using drugs within the 24-hours preceding the accident several times.  At a minimum though, Osuna was known to be “very tired,” a fact that rang out over-and-over throughout the trial. As per the drug impairment, such was hard to prove, because they both fled from the scene of the accident, and were not apprehended until 5:00 p.m. later that day.

During trial, introduction of Osuna’s drug use was excluded based upon rulings that insufficient evidence existed to demonstrate exactly when the illicit drugs had been used. Despite a positive drug test taken at 7:00 p.m. later that day showed that Osuna had methamphetamine and marijuana in his system, the Court ruled such evidence would not be admitted for consideration by the jury because the test results failed to establish a nexus as to when it was used because: (1) Osuna told arresting CHP officers that he had smoked methamphetamine and marijuana after the accident, to calm his nerves, and (2) finding that there could be no link between the testing which were post 12 hours following the accident when the drug tests (including blood work) were taken. Nevertheless, certain evidence of the drug use came in at trial, through two officers from the California Highway Patrol that were called to testify and who spoke about incriminating admissions made by Reed and Osuna following their arrests.

In seeking to prove Reed’s knowledge of Osuna’s impairment and unfitness to drive before Reed handed the keys to her truck for Osuna to drive, Trial Attorney William M. Berman put on evidence that Osuna demonstrated obvious outward signs of impairment and also stated that he was fatigued before they set out on the trip, a statement both Reed and Osuna gave to the arresting officers in attempt to diffuse the drug use. Their claim was that the accident occurred because he was tired and he fell asleep at the wheel, and not because of any drug use. Despite such argument, Attorney Berman highlighted the fact that Osuna had told Reed that he was tired before Reed handed him the keys and encouraged him to drive, stating “we’ll make it.”  There was also evidence put on during trial that 30 minutes into the drive, Osuna pulled over to again tell her he was very tired. Again, Reed encouraged him to continue, stating “we can make it.” The accident happened approximately 15 minutes later, after Reed and Osuna got back onto the road, whereupon Derek Ritter was struck head on in his lane of travel and then left for dead on the side of the road.

In defense of the case, counsel for Reed argued that Osuna was responsible for the accident, because he as the driver of the truck involved in the fatality accident made a conscious decision to get behind the wheel and drive. To counter the defense put on by Reed, Attorney Berman argued issues of Responsibility and Accountability, insisting that we as a society know better than to give the keys to a vehicle to someone who is obviously impaired or tired, thereby encouraging them to drive. Attorney Berman stressed that when someone gives the keys to a vehicle to someone who is obviously impaired or tired and encourages them to drive on our public roadways, they too are responsible for any harm that is caused.

In the end, the jury agreed and awarded total damages in the amount of $1,850,000, with a 40% finding of fault on Reed and 60% finding of fault against Osuna. Following the verdict, the case was featured by the local news and called a tremendous victory for society, setting an example that those who knowingly entrust their vehicles to someone who is unfit to drive can also be held responsible for any injuries that the impaired driver causes.

In speaking to the press afterwards, the Ritter children most eloquently stated, “This trial was not about the money. It was about setting an example for everyone that life is precious and therefore those who fail to act responsibly and knowingly give their keys to an impaired driver and allow them to get behind the wheel of a vehicle and drive will also be held accountable.” In addressing comments to Reed and Osuna through the press, 21-year-old Kara Ritter stated that she hoped the verdict sent a message that “Everybody in society has a role to be responsible, and if you make an irresponsible decision you need to be held accountable; I hope you make the decision to change and in the future, I hope you don’t make that decision again. You need to stop yourself, and you need to prevent this pain from filtering through to any other person’s family.”

Although the case was tried to jury by Berman & Riedel, LLP’s Managing Partner William M. Berman, the case was worked up by the team of associate attorneys at the firm. Indeed, all of the attorneys and support staff with the firm prepared the case for presentation at trial, working tirelessly to ensure that the clients’ case was presented with detailed clarity. While no amount of money will bring back Derek Ritter, the Ritter children are pleased knowing that both Reed and Osuna have held responsible for their roles in causing the death of their father, whom they each during trial described to be their best friend.

The 30-year-old male driver was heading north on the southbound side of the freeway in a Ford Explorer when he sideswiped one car, seriously injuring the driver.  He then continued on, striking the victim’s Nissan Moreno head-on.   The driver of the Nissan Moreno was killed upon impact. 

The 30-year-old driver of the Explorer suffered major injuries and will be held by investigators to determine whether he was under the influence of drugs or alcohol.  The other names have not been released.

The sudden death of a loved one caused by the reckless acts of another can leave surviving family members with unimaginable grief and both emotional and financial hardships.   A wrongful death action can be brought by the victim’s surviving heirs against the wrong-doer to recover funeral and medical expenses, any lost wages, loss of future earnings of the deceased loved one, and loss of companionship and services. Though monetary compensation cannot compensate the family for the loss of the loved one, it can ease financial stress that accumulates at this difficult time. 

The auto accident and wrongful death attorneys at Berman & Riedel, LLP, have years of experience in handling these cases.  They understand not only the intricate legal aspects of handling such cases but also the emotionally sensitive aspects affecting our clients.  Our lawyers work diligently on each case to relieve as much stress as possible during these trying times in our clients’ lives, and the successes of the firm have been tremendous.  If you have suffered the loss of a loved one through the negligence of another, feel free to contact an attorney at Berman & Riedel, LLP, to discuss your legal options; initial consultations are always free of charge.