LOS ANGELES (CNS) - A consolidated negligence lawsuit brought against Caltrans on behalf of the son and daughter of an Azusa man who was struck and killed on a freeway in Pomona in 2016 -- where unsafe conditions on the roadway allegedly contributed to the man's death -- will move to trial against two companies, but not Caltrans.
On Friday, Los Angeles Superior Court Judge Jill Feeney signed a judgment formally relieving Caltrans of any liability in the case, reflecting her Oct. 19 ruling involving the death of Dwayne Armenta. The 36-year-old man was killed about 2:35 a.m. Nov. 23, 2016, as he was trying to get to a gas station after his Ford F-150 truck ran out of gas on the eastbound San Bernardino (10) Freeway about 1,000 feet from Kellogg Drive.
One plaintiff is 21-year-old Devin Armenta of Claremont, Dwayne Armenta's son, who was 14 at the time of the accident. The other plaintiff is Devin Armenta's sister, who was 4 when her father died, is now 10 and lives in La Puente.
The plaintiffs' attorneys did not oppose the dismissal of Caltrans as a defendant.
The judge denied motions by attorneys for two private companies, Guy F. Atkinson Construction LLC and High-Light Electric Inc., to dismiss those parties as defendants, saying there are triable issues over whether an alleged lack of sufficient lighting in the area represented a negligently created dangerous condition. Caltrans contracted with Atkinson, which in turn hired High-Light to provide lighting for the renovation work known as the High- Occupancy Expansion Project, according to the judge.
The crash occurred on a highly traveled segment of the freeway, the suit states. The asphalt shoulder and the slow lane were closed off, leaving drivers such as Armenta with no safe place to walk if they had problems with their cars, the suit alleges.
Under those circumstances, a stranded motorist such as Armenta had no safe alternative but to either stay in his car in one of the four open lanes and risk being struck from behind, or leave his truck and be vulnerable to being hit by other vehicles, the suit states.
Armenta initially stayed in his truck, but decided to leave and head to a gas station by heading for the Kellogg Drive off-ramp on foot, the suit states. He was able to cross all the westbound lanes while carrying a gas can, but was fatally struck in the unlit median center by a driver who fled, according to the lawsuit.
Trial in the case is scheduled Feb. 1.