PALMDALE – The mother of a 16-year-old Palmdale High School sophomore who died last spring when an SUV slammed into their apartment building has filed a lawsuit against the man behind the wheel as well as the building’s owner.
Maria Mendoza‘s daughter, Giselle Mendoza, was killed during the early morning hours of Sunday, April 20, when a Nissan Pathfinder crashed through the bedroom of her family’s first-floor apartment on the 1000 block of East Avenue R in Palmdale.
The Pathfinder’s driver, Roberto Rodriguez, was held to answer to charges of murder, driving under the influence of an alcoholic beverage and causing injury, driving with a .08% blood alcohol content and causing injury and gross vehicular manslaughter while intoxicated.
Rodriguez’s vehicle jumped a raised curb and went through a fence before crashing through the structural wall of the apartment building and into the teen’s bedroom, according to testimony at a probable cause hearing held in January. (Read more here.)
The civil lawsuit, filed Monday in Los Angeles Superior Court, alleges that building owner Bo Kun Song negligently maintained a railing in front of the apartment that he knew was unsafe and needed repair or replacement. The plaintiff alleges that Song’s inaction allowed the suspected drunken driver’s vehicle to plow through the wall of the apartment building and into the teen’s bedroom.
Maria Mendoza is seeking unspecified damages on allegations of wrongful death and negligence. (View the civil complaint here.)
Representatives for Song and Rodriguez could not be immediately reached.
[City News Service contributed to this report.]
Previous related story:
Murder trial ordered in fatal Easter Sunday apartment crash
Hearing starts for driver accused of crashing through bedroom, killing sleeping teen
Alleged DUI driver charged with murder in Easter Sunday apartment crash
Loved ones mourn girl killed when alleged drunk driver crashed through bedroom
Suspected drunk driver crashes SUV into apartment, teen killed
jess says
Everyone who has a negative thing to say about this law suit please take a moment and think before you say or comment anything in regards to this matter u dont know the family didn’t know the victim may rest in peace Giselle … for those who care more about their house insurance price going up I will bet anything if this was you in this situation u would not be saying the idiotic things that are coming out of your mouths… secondly if her mother didn’t look for another place to rent maybe she couldn’t afford another one but that does not give anyone the right to judge people for the actions they are taking stop the bs of she just wants to make easy money
Yes the money will not bring her daughter back but everyone has a reason for what they do I hate hypocrite people who say this and that when u damm well know that if this was you in this situation you will be doing the thing so please people dont judge anyone dont say anything this doesn’t concern you and you may be asking yourself then why are you commenting on this well I know the family so people stop worrying about problems that dont concern u… let them do whatever they want people sue for worser shit now a days so what matters if they sue over this… seriously …. comment toward this message all you want just think before you say the things you say this may be you someday…
ANNON says
This is so sad…. All Roberto has to do is file bankruptcy and he is off the hook. and being so young may not affect him much in life.
I drive by this apartment building all the time. I had a feeling it was just a matter of time. And that time showed it’s face. Even after the building being repaired, (owner take note)still NO reinforcement to it’s exterior…. so yes sadly it will one day happen again.
and the railing in front of the building WILL NOT stop a car traveling at a high rate of speed. It is ONLY cosmetic. Put up some k-rail and disguise it. That’s what needs to be done at this building.
samantha says
its sad things like this happen to good people. There is so many that rush to make negative comments about the family making easy money. probably everyone making these comments are the ones that are on assistance and think they will get their benefits taken away. you make your self’s look bad you should stop your bs
Tony says
Thank u!
That’s exactly what I think, a 16 year old girl lost her life and people worry and complaint about the mom filing a lawsuit?
Yes you are right Samantha, they should worry about the “very easy” money lots of people get.
EBT
Applied Logic says
If the owner erected said “fence” for the sole purpose of keeping cars out, then it may fly…if the fence was there just for the purpose of being a fence, only a “broccoli” jury will vote in her favor. The proof lies in the conditions behind the reasons the fence existed in the first place.
Sheesh says
I hate these types of lawsuits. The people saying give her as much as she wants, or let her get as much as she can, don’t realize this mentality affects all of us. We pay for insurance on our homes or properties. When someone gets money from an insurance company, our rates goes up. This is such a tragedy and I pray for the family’s peace, but suing the landlord is just a lawyers way of making his money…at all of our expense.
P says
Sheesh, this is the reason we pay for insurance, in the event of a loss. Rates don’t just go up because you file a claim.
Lee says
This lawsuit will more than likely be outside of what the lawyers get from the insurance company. Double dipping .
Irena says
Chances are the insurance company denied any claim. If the insurance company had paid out, the plaintiff would have had to sign something saying that it was full and final payment blah blah and that she relinquishes any future claims.
izzy says
a block away from my house is a wall that ppl frequently hit with their cars sometimes knocking it down so ppl saying that this was unforeseeable are plain wrong seeing as this was not the first time someone had crashed into that building
Irena says
If that logic were followed then all corners or all houses or all apartments should have a big wall around them.
IN t the case of the block wall by you, it could actually be argued that since it was a frequent occurrence that that wall should be stronger.
As for a previous accident at the apartment in question: was the building owner told that they had to erect a higher or stronger barrier? How long ago had it happened? What was the outcome of the accident?
If the owner had been told to erect a stronger barrier and failed to do, then yes he is culpable for negligence. It could also be argued that the city or other organization that required said fence is also partly liable since they failed to enforce that requirement.
mat says
This is not the only property the slum lord owns and does not maintain properly. His other properties are disgusting.
M says
The loss of a child is devastating. No words can explain how hurt the mother is. I remember when this happened. I might not know them but i cried just seeing the tragedy. I will pray for you mam and for your entire family. Please remember you daughter will always be with you. She is with god and she is your angel.
Desert Flower says
The railing was not strong enough, I don’t believe this is about money, some of you judging the mother are just racist. Some stronger fencing is needed to prevent this from happening again, if this is what it takes so be it.
Irena says
So how strong should it be? Should it be able to withstand a semi? Do you have a fence outside your home that could stand up for a larger vehicle going 105 mph?
This was a tragedy for all the families involved to be sure, but a fence would not have stopped a car going that fast. The momentum would have made that SUV so heavy, nothing would have stopped it. It is more likely that some lawyer thought that the building owner had more money that the driver of the car so they went after deeper pockets.
Just Saying says
An apartment building that has living space within a few feet of the sidewalk is generally safe along a straight road, but a corner of a main street and a highway is not. There are elevated speeds and traffic making turns. There should at least be concrete filled steel posts or a reinforced block wall. A busy corner needs a barrier that will contain an average vehicle at an average speed. A wood post and a bush on a highway corner doesn’t cut it.
Dauntless says
I agree!! That intersection is very busy, at times! That part of the building should have some protection, being it’s so close to the street. This type of accident could happen again!
Irena says
Question then becomes: Was it a city ordinance that there be such a barrier? Some building code that required it? If not, it would be that much harder for someone to expect a property owner to provide it.
ANNON says
Put up K-railing and disguise it…. very simple.
Greg says
Hard to be racist when A) I do not know the ethnicity of the person and B) we are one race, it is called human.
O-o says
RACIST!??
get over yourself,
As for the railing not being strong enough… what would you rather have a brick wall, sure lets look ghetto, just so some dumb kid can tag on it. Beside the vehicle was going SO fast it NOT ONLY drove through the railing, but a whole dang apartment WALL! It’s not about the “strength of a railing, but the choice this “new to adulthood” kid made
-Just saying
Tony says
There is people maiking really “easy” money here and no one comments or complaints abou it. EBT
Why shoul we been worry about this lady trying to make some somey out of her own tragedy?
April says
Well Technically, this is the second time that a car had crashed into that same spot many years ago so the landlord should of made sure it wouldn’t happen again by doing something about the fence
just my opinion says
If you click on the links in the story, there is a copy of the law suit. The mom named the dad as a defendant in the case and is an attorney out of OC. My first thought was RRP too
Irena says
Only reason they named the father because of civil procedure. It might have been that he was unwilling to join in on the lawsuit with his wife. That particular code has to do with class action lawsuits too so there is something else I am probably forgetting.
anonymous says
Its sad what happened but does she really think any judge is going to hear her case the landlord is not responsible for her daughters death at all come on now lady
Dee says
To the comments that are saying that the mom has no right to being suing the landlord due to the unsafe fence , u all dont make any sense..there are codes that every apartment building has to be up to date on..windows, doors, plumbing, security , etc and most of all SAFETY, drunk driver or not since the apartment building is located on a busy major street ANY car speeding or any car due to an accident can crash into the building. .so im sure if the landlord had put up a tall cement type wallbboarding the building that points out to the street traffic it would have probably helped with the car that crashed into the building. .the ppl that dont have the knowledge to think about that obviously dont have kid’s of their own to know how the mother is feeling ..everyone automatically assumes they want money when suing ..think outside the box ppl. .I hope the landlord gets fined and forced to put up a safer border around his building.
Irena says
I seriously doubt anything would have stopped or even slowed down an SUV traveling at 105 mph. A person cannot safeguard against every risk. A car jumping the curb and crashing into the building is so unlikely that I doubt there is any civil code that requires such a thing.
There are situations that a landlord does have to remedy things such as loose or missing handrails, cracked sidewalks, and other trip hazards. These are things under the landlord’s control. A drunk driver is something that the landlord cannot control. If all homeowners and landlords had to safeguard against cars crashing into their homes, we would have concrete fences all around
People who would be more liable are the ones who provided the alcohol in the first place since it is illegal to give anyone under the age of 21.
Tony says
We should see the result in a few years, and if she gets some money, good for her!
We live in California people, the law here let you suit for any reason there are lots of lawyers waiting for the opportunity, unfortunately this is the system we live in.
let this lady get as much money possible out of her tragedy.
there lots of people getting “easy” money from other sources that we all know. (COME ON……EBT)
And I dont hear lots of comments or complaints.
Anon says
As if a small fence was going to ever stop that vehicle. Cant even believe they are trying to sue the complex owner. Im sure they will drop that case after seeing how ignorant it seems.
anonymous says
Its sad and sickening to see how a parent is going to try and profit off their own child’s death…smh
Mrs wonder says
Glad someone is on my same page..AV resident for 38 years…what would’ve stopped a drunk driver at a high rate of speed from hitting the building? Nothing. ..there has always been a corner fence…I am sure that the City of Palmdale requires every corner residency to have some 20 ft tall wall around the complex that could with stand a drunken driver at a high rate of speed…NEVER..that fence has been the same since they put those apartments in..because a piece of wood was broke would not have stopped that. I believe the mother is trying to profit. ..NEVER WILL HAPPEN..SAD..MAYBE YOU SHOULD NOT HAVE LIVED THERE IN THE FIRST PLACE. TO ME PICKING THAT LOCATION WAS A BAD DECISION FROM THE START. For sure this will be dismissed. I would never try and blame someone else to benefit from my the death of my daughter. Look where you were raising your family. Blame and sue the drunk driver. #MOVE INTO A NEIGHBORHOOD…AWAY FROM MAIN STREETS.
USMC Jarhead says
It wasn’t a fence, i drive by it everyday. It’s actually a metal rail. the posts are about 5 inches in diameter, about 4 feet tall with two rails crossing, one at 2 feet and the other at 4, that are about 2 inches of diameter. My father works with metal railing, the standard tubing for a street rails are 0.240 gauge , or about 3/8th of a inch thick , which are used as roll cages for racing cars. The metal post are 0.458 or 1/2 an inch thick, those posts are meant to bend at 1000+ pounds, 2 feet of this tube is about 2-30 pounds. It should have drastically slowed his car. Its honestly really depressing knowing she died, i don’t think ill ever forget seeing her room, and going to her funeral and seeing her father emotionally destroyed.
Rest in Paradise Giselle.
Irena says
What about the momentum of an SUV traveling at 105 mph? I doubt anything would have slowed it down. A path finder is about 4klb. Imagine that going 105 mph’s? The kinetic energy produced would be massive.
Her lawyer will need to provide evidence showing that the fence was 1)required) 2)that it didn’t meet said requirements and 3)had the landlord provided appropriate fencing, it would have prevented the death of the young girl.
Johnny Trece says
Is there a law that requires a landlord to provide a safety barrier or rail to help protect against drunk drivers? Now, doesn’t this question sound silly?
Kathleen Robison says
Is Mom alleging that little fence should have been designed to stop a speeding car?
I am sorry for her loss, but this suit against the landlord is absurd.
USMC Jarhead says
Take a good look at that ” fence “, its actually a metal rail, those posts and railing should be strong enough to at least have slowed down the car, i mean that rail has posts about 5 inch wide and are about 1/2 thick ( father works with railing) , a tube that size weighs about 40-60 pounds !! Either way, it was a tragic end for her, i will never forget driving by that apartment, I’ll never see it the same ever again.
Irena says
A landlord cannot protect against a car going 105 mph. Would a smaller fence have stopped say a car going the speed limit? Should a landlord even have to protect against that? It is not every day a car jumps a curb so it isn’t reasonable to probably guard against it.
Imagine if all apartments buildings and rental houses had to have barriers to protect against a car going 105 mph?
just my opinion says
that “railing or fence”, that isn’t required, was there just as it is prior to them ever living there, It’s been there forever! They chose to live there knowing that “fence” was there. It obviously was not for protection. How can the land lord be responsible for a drunken idiot? Out side the cement pillars as mentioned earlier…NOTHING material would have stopped the drunk from plowing into the apartment. That being said…I’m sure it’s a scandalous lawyer biting at the bit for the family.
Tony says
Come on ladies, do u think it will be easy money? after lossing her daughter? I don’t think any money she gets will be “easy” as you said, she will have to go to court and revived everything that happened that day again and again, do you think that’s called easy?
This is a unfortunate tragedy and this mother of course thinks there could’ve been something to avoid it and she will always think what if there was a bigger and stronger rail that at least could have lessened the impact?
Of course she has the right to collect any money possible because funerals are not cheap plus if she or other working family members lost days of work because of this, she needs to collect as much possible to get back in track with her monetary responsibilities, because spiritually recovering for the loss of a love one I dont think will never be possible.
ummmmm says
So the mother knew that the apartment was dangerous and continued to live there? Sue the driver for sure, but the apartment owner? Stretch.
O-o says
As a parents it’s hard to Disagree with the mother’s action, but I would be happy the my child FELT NO PAIN, she went to sleep and “woke” in heaven. Money is not going to help you feel any better, but may remind you (with every dollar spent) this money “came from” my daughter’s death… Leave things be. The azz of a drinking irresponsible man should be sued but not the apartment owner…
Mrs wonder says
AMEN…suing so she can move from the corner of 10th east and R..all of us long time residents know this is not a smart place to live..this is considered the bad part of Palmdale…
moll flanders says
I pray this family finds peace. I also hope they are not reading these insensitive, self-righteous comments.
Momma mama says
i totally agree with you Irena. I realize she hurts losing her daughter, but an accident is an accident caused by a drunk doing excessive speeding while driving. Would mom have rented the apartment if big old ugly concrete pillars been there? No. If mom was so concerned about the safety of a car running through the apartment, why didn’t she look for a different one instead of continuing to live there?
Mrs wonder says
AMEN….
Irena says
Seeing as the vehicle was traveling at higher then average speeds, I don’t see how any fence or railing would have stopped the car. I remember reading that it was going at least 100 miles an hour. Short of cement imbedded pillars that car would have rammed through nearly everything in it’s path. A property owner can’t be expected to cover something so out of the ordinary.
Leslie says
Irena,
It’s just a way to make easy money. It sickens me when people take advantage of such tragedies to make a quick buck. Sue everyone you can. They should sue the city of Palmdale too because their curb was too low. Either way, you are right. They railing would not have stopped this man from plowing into her bedroom. He was going too fast.
eo2 says
R. Rex Parri$ ?