Family of Woman Killed by Driver Who Rode His Vehicle on the Beach Files Wrongful Death Lawsuit

The parents of a woman who was killed while lounging on the beach have filed a wrongful death lawsuit against the City of Santa Monica and the driver. According to their lawsuit, Sherese Allen, age 34, was resting on the sand when Yuyang Sun drove his 2015 Infiniti SUV onto the beach at around 11:30 p.m., and proceeded to do donuts. His vehicle struck Allen, thereby trapping her beneath his vehicle. Despite the concerted efforts of first responders, she was pronounced dead at the scene.

The plaintiffs blame Sun for operating his vehicle dangerously and the City of Santa Monica for allowing vehicles on the beach. According to their lawsuit, the City of Santa Monica negligently created a dangerous condition by failing to restrict vehicles from accessing the beach, even though similar accidents and fatalities had occurred before. The plaintiffs allege that had the city installed barriers and taken preventative measures to secure the beach from vehicles, the tragedy could have been averted. Their lawsuit is seeking accountability for their loved one’s death and aims to force the City to finally implement the necessary safety measures to keep vehicles off the beach.

The family filed a mandatory government claim in March, which is a prerequisite for suing a government agency, before proceeding formally with their lawsuit. The lawsuit was reported to the public at the end of July and early August.

Allegations made against the City

According to their lawsuit, the City of Santa Monica allowed a dangerous condition on their premises which resulted in the death of the decedent. The case highlights how premises liability can extend to public entities when hazardous conditions are left unremedied. In this case, an unprotected beach area was left unaddressed.

The family is hoping their lawsuit will force the City of Santa Monica to make key changes and secure the beach from vehicles. Namely, they are seeking to force the City to erect physical barriers and/or place signage on the beach preventing vehicles from entering the sand area where people congregate.

Defenses to these allegations

The City can argue that it had no duty of care to install barriers to protect the public or any form of additional fencing, especially if existing measures were considered reasonable given budgetary or policy constraints. Under Gov. Code § 835.4, the City’s liability depends partly on whether the burden and cost of undertaking the safety measures outweigh the risk.

In addition, the plaintiffs must prove that the City had actual or constructive notice that there was a serious danger to beach-goers. The plaintiffs, in this case, contend that multiple other incidents occurred, leading to injury.

Talk to an Oakland, CA, Personal Injury Lawyer Today

Venardi Zurada represents the interests of plaintiffs in Oakland personal injury lawsuits filed against negligent defendants. We serve the Bay Area from our office locations in Oakland and Walnut Creek. Call our Oakland personal injury lawyers today to schedule an appointment, and we can begin investigating your allegations right away.

Source:

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