(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this automobile accident/personal injury case and its proceedings.)
Plaintiff’s Opposition to Defendants Robert and Stacy Greene’s Demurrer to Plaintiff’s Third Amended Complaint
MEMORANDUM OF POINTS AND AUTHORITIES
This lawsuit arises from an automobile accident that occurred on the morning of December 20,2006, at approximately 1:00 a.m. near the intersection of Fair Oaks Blvd. and Howe Avenue, in Sacramento. Defendant Danny Smith, age 18, was driving a 2002 Toyota Camry, owned by his father, Defendant Richard Smith. His passengers were Mike Greene, age 19, Tom Lawrence, age 18, Kevin Greene, age 15, and Plaintiff Paul Verano, age 14. The youths had been celebrating Kevin Greene’s 15th birthday at El Mexicano restaurant in Sacramento the evening of the 19th and early morning of the 20th.
Defendant Danny Smith left the restaurant in an intoxicated state, was proceeding eastbound on Fair Oaks in the no. lane in his Camry, speeded up to pass Stacy Greene, Kevin Greene’s sister, who was driving in front of him. As Defendant Danny Smith moved into the no. 2 lane to pass Stacy, he apparently tried to slow to avoid hitting another car that was already in the no. 2 lane in front of him, lost control of his vehicle, jumped the curb and struck a tree on Fair Oaks. The impact was so severe that the Camry burst into flames, trapping the youths inside the vehicle. Defendant Smith, Mike Greene and Tom Lawrence were killed. Plaintiff Verano and Kevin Greene, who were seatbelted and sitting in the rear seat, survived the crash. Plaintiff Verano suffered serious injuries. (See Part 2 of 8.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.