LOS ANGELES – The mother of a 16-year-old Palmdale High School sophomore who died when a SUV slammed into their apartment reached a settlement of the lawsuit she filed against the intoxicated man behind the wheel, as well as the building’s owner.
Maria Mendoza sought unspecified damages on allegations of wrongful death and negligence. On July 11, her attorneys filed court papers with Los Angeles Superior Court Judge Michelle Court stating that the case was settled.
No terms were divulged.
Mendoza’s daughter, Giselle Mendoza, was killed about 3:50 a.m. April 20, 2014, in the bedroom of her family’s apartment in the 1000 block of East Avenue R.
Mendoza’s Los Angeles Superior Court suit, filed in March 2015, alleged building owner Bo Kun Song negligently maintained a railing in front of the apartment that he knew was unsafe and needed repair or replacement. [View the civil complaint here.]
The plaintiff alleged that Roberto Rodriguez‘s vehicle plowed through the wall of the apartment building and into the teen’s bedroom as a result in part of Song’s inaction.
Song’s lawyers maintained the accident was the result of an “unforeseeable criminal act” and that Rodriguez’s actions cut off any liability for their client.
Last September, Rodriguez pleaded no contest to gross vehicular manslaughter while intoxicated and was sentenced to 10 years in prison.
Previous related stories:
Lawsuit filed in Easter Sunday crash that killed sleeping teen
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
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Trentin says
I think the lawsuit with the property owner is out of anger for their loss. There is no way that fence would have stood its ground even if it was “in good condition”. It seemed like it was more of a decorative barrier to keep people from walking on the actual property, as opposed to a barrier to a car. This is tragic in every way. No one could have foreseen this.
. says
obviously you’ve never experienced a loss. what does it matter to you if they are doing it out of anger? would you not be furious yourself if you lost your little girl?
this was someone’s daughter and they will fight everything and anything. mourning takes a while and it is not your place to judge how they do it. if they want to file a lawsuit so let it be. its not coming out of your pocket.
Nicolas wallace says
Well I lived in those apartments. When this tragedy occurred and the owner bo song was asked on many occasions to occasions fix this railings. Bo song was the worst owner in the us of a.. I was there when the car hit and I was there when they removed her dead corpse from out the apartment.
ANNON says
ONLY 10 YEARS FOR MURDER? WHAT IS WRONG WITH OUR SYSTEM?
Tim Scott says
Ummm…it operates using written laws? Most people don’t consider that a flaw…
Lilly says
I don’t understand why the building owner is liable. Grant it the fencing looked like it could have used a paint job but even if it was “properly maintained,” I don’t see how a small fence would stop a oncoming car from running it down. He needed a better lawyer. Now the apartment owner has to pay for this drunk driver.
Jason Zink says
I still can’t believe the City of Palmdale and the Apartment owner together hasn’t placed a barrier at that corner which has had a history of accident problems. Especially when the City is home to a pole barrier manufacturer, to prevent this from happening again. I always knew this might happen at this corner.
Tim Scott says
Providing improvements to private property isn’t usually a city function. I would guess the city will be looking at the barrier requirements they impose on property, but the people who scream bloody murder at “regulatory interference” outnumber just about everyone else put together so I doubt anything will come of it. I hope they at least get out and verify compliance with the minimal requirements we do have though.
Sandra says
While this loss in just unbelievable. What good does it do to make a criminal out of a 20 year old who was barley drunk at the time of the accident. I would not want to be his neighbor when he is released in 10 years. In my youth I drove drunk. When you are that age you don’t think anything bad is going to happen to you. There but for the grace of God goes me and I am sure over 50 percent of the population.
This guy needed a lawyer or a better lawyer. I can think of so many things that could have caused this crash besides the driver being drunk. I mean .08 is two beers. Yeah, he needed an attorney.
TM says
He still killed someone, you know , he took someone’s life away..I am sure if he didn’t drink that day it would not have happened, and two beers may be a lot for him to handle , when I was young, I could barely handle two beers!!Rest in peace to the you g life taken away too quickly , hopefully the mother is satisfied with his sentence ..
Your rational is crazy says
So Sandra because he’s young he shouldnt be punished for his CRIME? Have YOU lost a loved one due to someone’s negligence? If he’s not punished now then when he does it again (because statistics say he will) then what? He made HIMSELF a criminal, HE drove drunk, HE made that choice therefore he should be prosecuted PERIOD
Courtney says
Sandra, you’re a fool if you don’t think this punk doesn’t deserve the punishment he got. he chose to get behind the wheel after having a drink. under 21 is zero tolerance. don’t you know that. lawyer or not THAG IS THE LAW. no one cares that you used to drink and drive and nothing happened to you, he took someone’s life. his punishment should be greater than 10 years considering he prob won’t even serve that much. at 20 years old, you are an adult. you should be responsible and know that even 2 beers can put you at the legal limit. but being he was under 21, he shouldn’t have even gotten behind the wheel because he legally can’t have any alcohol in his system. think before you comment.
troll hunter says
The hazards and consequences of driving under the influence are very well documented. There was and is absolutely no excuse for anyone in this day and age to drive while under the influence.
Compounding this fact is he took the life of an innocent, as is almost always the case with DUI drivers…and I’m supposed to have some kind of pity for him? SMDH
Condolences to the family of the young girl killed through this driver’s willful act of negligence.
monique says
Sandra get out of here with that boughs you must be out of your mind who cares if he’s young or old he made the choice to drive dunk and he killed in innocent girl he should dot in prison that way he won’t make another bad choice
Think about it.... says
Oh Well! He was BARELY drunk, so it’s all good. Okay, bring her back to life since he was only BARELY drunk.
Seriously, he should get the time if he was stone-cold sober and driving negligently.
. says
U sound ridiculous. He murdered someone and he NEEDS a better lawyer..?
just because he’s 20 doesn’t mean he couldn’t rationalize that it would be unsafe to drive intoxicated its about character not about age. Being young isn’t automatically an excuse for mistakes as such. but then again you mentioned you would drive drunk so a comment like this from you is surely expected.
ANNON says
HE GOT OFF SCOTT FREE WITH JUST A MERE 10 YEARS…. SHE IS NEVER COMING BACK.