Suit filed over 2011 construction zone fatality

The county, several local businesses and at least two individuals have been named in several recent lawsuits filed in District Court.

The legal actions revolve around 2009 and 2011 traffic accidents occurring on State Route 160 that resulted in either fatality or serious injury.

The most recent of the two civil cases are over the death of a man named Abelardo Rojo-Garcia, who was reportedly killed in a 2011 traffic accident. The suit was filed with the Fifth Judicial District Court on Aug. 19.

According to the complaint, Rojo-Garcia was traveling on State Route 160 on Sept. 4, 2011 with two other individuals, Ana Ariza and Arismel Rojo, who are named plaintiffs in the case, when what they say were dangerous road conditions in a construction area caused the driver to collide with another vehicle.

As a result of the accident, the plaintiffs, Ariza, Rojo, Camerino Rojo-Torres and Remedios Rojo-Garcia, said Abelardo was killed and Ariza and Rojo suffered serious injuries to their “shoulders, back (sic), bodily limbs, organs and systems, all or some of which condition (sic) may be permanent and disabling.”

The complaint alleges Wulfenstein Construction Co., Inc.; Morales Construction, Inc.; United Rentals, Inc.; Trench Plate Rental Co.; Roadsafe Traffic Systems, Inc., the Nevada Department of Transportation, the City of Pahrump, Nye County, and other unnamed entities “were responsible for the creation and existence of the dangerous or hazardous conditions at the time of the subject accident.”

It further states the construction area where the accident occurred was “improperly and/or inadequately designed, constructed, or planned, and/or had improper and/or inadequate street markings, signage, warnings, and/or traffic control,” making it a hazard.

Ariza and Rojo claim the injuries they suffered are debilitating and have hindered them in occupational and recreational activities.

“As a result of the collision, occurring as a direct and proximate result of the negligence of Defendants, Plaintiffs Ana Ariza and Arismel Rojo have been required to, and have limited occupational and recreational activities, which have caused and shall continue to cause Plaintiffs loss of earning capacity, lost wages, physical impairment, mental anguish, and loss of enjoyment of life,” the complaint states.

Because of what the plaintiffs are calling negligence on the part of the defendants to ensure passing motorists’ safety, they are asking for damages in excess of $10,000 for the wrongful death of Abelardo and injuries sustained by his two passengers.

Specifically the family is asking for general damages for injuries to the plaintiffs in the amount of $10,000, special damages sustained by the plaintiffs in excess of $10,000, attorney fees and other costs related to the suit, interest and other relief the court deems proper to grant them.

The second case involving a traffic accident on the highway was filed with the court on Sept. 4.

According to the civil complaint in that case, Alex Mendoza and his attorney claim the man suffered “grievous and serious personal injuries and emotional distress, and suffered great pain of body and mind, and all or some of the same is chronic and may be permanent and disabling,” after he was involved in a three-vehicle accident on State Route 160 near mile marker 23 on Feb. 14, 2009.

The complaint states on the day in question at approximately 8:40 a.m., Mendoza’s vehicle was traveling northbound on the highway when he was struck by another northbound traveling vehicle, reportedly driven by defendant Margaret Ann McCarthy.

Mendoza’s complaint states his vehicle was then struck a second time by McCarthy’s vehicle after a Nye County Sheriff’s car driven by defendant Delbert Crandall struck McCarty’s vehicle, causing it to hit him again.

Mendoza is suing McCarty and Crandall in addition to the Nye County Sheriff’s Department, Nye County, Enterprise Rent-A-Car Company, and other yet unnamed entities for damages he says he sustained in the accident as a result of what he and his attorney stated was the other drivers’ negligence.

“Defendant McCarthy did carelessly and negligently operate her vehicle so as to cause or allow it to collide with Plaintiff’s vehicle, thereby breaching the duty of care that she owed to Plaintiff Alex Mendoza,” the complaint states.

“Defendant Crandall did carelessly and negligently operated (sic) his vehicle so as to cause it to collide with Defendant McCarthy’s vehicle, causing Defendant McCarthy’s vehicle to strike Plaintiff’s vehicle again, thereby breaching the duty of care that he owed to Plaintiff Alex Mendoza,” it adds.

The complaints states that duty of care was specifically breached when McCarthy and Crandall allegedly failed to keep their vehicles under proper control, operated their vehicles without caution for the rights of Mendoza, failed to keep a proper lookout for the plaintiff’s vehicle and allegedly violated certain state and local statutes.

As such Mendoza is seeking in excess of $10,000 in damages as a result of the traffic accident.

Specifically he is asking the defendants to pay general damages in excess of $10,000, special damages for past and future medical care and treatment, costs of filing the suit, attorney’s fees and any other relief the court sees fit to order be paid to the plaintiff.

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