Those in the Fresno area may recall a disastrous and deadly accident occurring last year in which six individuals were killed as a Greyhound passenger bus collided with a flipped GMC SUV. In the wake of the tragedy, parents of one of the decedent’s have filed a lawsuit naming five separate defendants as potentially responsible for the crash and seek unspecified damages. In this article, we will review all five named defendants and the possibility of recovery by the parents under their wrongful death action.

The facts of this case emerged after a lengthy investigation by California Highway Patrol and a subsequent 627-report. Apparently, 18-year old Syliva Garay was legally intoxicated after leaving the Starline nightclub. She proceeded to flip the Chevrolet Trailblazer she was driving. As her vehicle lay disabled on the roadway, a Greyhound bus came upon the single-vehicle accident and careened into the SUV. In addition to Ms. Garay, five others were fatally wounded in the accident. The parents have sued the following parties in a wrongful death action:

- Greyhound: Greyhound is an obvious choice for a defendant for a number of reasons. First, the accident might have been a survivable single-vehicle crash but for the bus’ collision with the disabled vehicle. The decedent’s parents are claiming the bus company was negligent in that the driver, who was also killed, was sleep-deprived and was not given adequate time to rest between shifts. The company denies these allegations and claims that the driver was provided the necessary time required by law for rest before embarking on the fateful journey. The lawsuit also claims the driver was speeding when he slammed into Ms. Garay’s vehicle. Success against the bus company will depend heavily on expert testimony proffered by both sides to sway the jury one way or the other.

California Highway Patrol & California Department of Transportation: The lawsuit names the CHP as a defendant due to the fact that a 911 call was made regarding the single-vehicle accident before the bus came upon the Trailblazer. The parents claim that had the dispatcher exercised due care in his or her response to the call, officers would have responded to the scene quicker and the driver, her two passengers and the three killed bus passengers could have been saved. In order to prevail against the CHP, the plaintiffs would have to successfully proffer evidence that the dispatcher acted negligently with regard to the emergency call.

GMC: The lawsuit names GMC as a defendant due to the fact that it manufactured the Trailblazer driven by the decedent. The claims against the auto maker likely stem from theories of products liability and defective automobile parts. It is probable that the girl’s parents believe that a certain manufacturing problem with the vehicle caused it to flip- resulting in the tragic subsequent turn of events.

Starline Nightclub: Lastly, the parents have named the nightclub as a defendant in the suit claiming that it negligently provided a minor with alcohol resulting in her intoxication and inability to properly drive her vehicle. However, CHP investigations revealed that the girl did not purchase a drink from any bartender while present at the club. A 22-year old woman was charged with unlawfully providing alcohol to a minor resulting in death in July of this year.