In a gripping case that underscores the dangers of intoxicated driving, a complaint was filed by Quirk Law Firm, LLP on July 3, 2024, in the Superior Court of California, County of Ventura against Erik Ortiz Herrera. The plaintiffs, Juana Lopez Lopez and Armando Evaristo Solano, allege severe negligence leading to catastrophic injuries.
According to the complaint, on December 23, 2023, Lopez and Solano were passengers in a vehicle traveling on Camino Del Sol near N Rose Avenue when they were struck by another vehicle driven by Herrera. The plaintiffs assert that Herrera had consumed intoxicating substances to the point of legal intoxication before getting behind the wheel. Despite knowing he was not legally permitted to drive while intoxicated, Herrera chose to operate his vehicle recklessly. The collision resulted in significant injuries to both Lopez and Solano.
The plaintiffs' attorneys argue that Herrera's actions demonstrate a "conscious and deliberate disregard" for the safety of others. They cite Civil Code § 3294, which allows for punitive damages in cases of willful and wanton misconduct. The complaint states: "Defendant consciously chose to operate Vehicle 2 after knowingly and willingly ingesting and consuming intoxicating substances to the point of legal intoxication." Furthermore, it is alleged that after striking the plaintiffs' vehicle, Herrera fled the scene despite being aware of the severe injuries caused.
The lawsuit details multiple violations of California Vehicle Codes by Herrera. These include driving at an unsafe speed (Vehicle Code §22350), following too closely (Vehicle Code §21703), and driving under the influence (Vehicle Code §23152(a)). Each violation contributed to the accident and subsequent injuries sustained by Lopez and Solano.
As a result of these actions, Lopez and Solano are seeking various forms of relief from the court. They are asking for general damages for their pain and suffering, medical expenses incurred due to their injuries, loss of earnings both present and future due to their disabilities resulting from the accident, property damage including loss of use and diminution in value of their vehicle. Additionally, they seek punitive damages as allowed under Civil Code § 3294 for Herrera's reckless behavior. They also request attorney fees pursuant to Code of Civil Procedure § 1021.4.
Representing Lopez and Solano are attorneys Trevor M. Quirk and Leonidas Nicol from Quirk Law Firm LLP. The case has been assigned Case No.: 2024CUPA026643 in front of Ventura Superior Court judges.