TENTATIVE RULING
On May 15, 2020, Frank Ulloa Lujan, individually and as heir to Harley Nicole McGrew Lujan, deceased; and Christopher Nehemiah Rodriguez, through his guardian ad litem Frank Ulloa Lujan (Plaintiffs) filed a wrongful death lawsuit against Ryan Michael Pavone, Brian Christopher Terrizzi, and Daniel Wayne Federico Smith (Defendants). Plaintiffs’ first amended complaint (FAC) alleges one cause of action for negligence.
Plaintiffs FAC’s alleges that on September 16, 2018, Harley Nicole McGrew Lujan (Decedent) was riding on the back of Mr. Pavone’s Harley Davidson motorcycle, proceeding eastbound on State Route 46 east of Arbor Road at approximately 65 miles per hour. (FAC, ¶ 1.) Plaintiffs allege that Mr. Pavone lost control of the motorcycle and “proceeded forward and collided with” Mr. Terrizzi’s vehicle. (Ibid.) Plaintiffs further allege Mr. Pavone was unable to “get off the paved road into soft soil” because Mr. Smith’s parked vehicle blocked Mr. Pavone’s exit. Plaintif
Hearing Date
January 26, 2021
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TENTATIVE RULING
On May 15, 2020, Frank Ulloa Lujan, individually and as heir to Harley Nicole McGrew Lujan, deceased; and Christopher Nehemiah Rodriguez, through his guardian ad litem Frank Ulloa Lujan (Plaintiffs) filed a wrongful death lawsuit against Ryan Michael Pavone, Brian Christopher Terrizzi, and Daniel Wayne Federico Smith (Defendants). Plaintiffs’ first amended complaint (FAC) alleges one cause of action for negligence.
Plaintiffs FAC’s alleges that on September 16, 2018, Harley Nicole McGrew Lujan (Decedent) was riding on the back of Mr. Pavone’s Harley Davidson motorcycle, proceeding eastbound on State Route 46 east of Arbor Road at approximately 65 miles per hour. (FAC, ¶ 1.) Plaintiffs allege that Mr. Pavone lost control of the motorcycle and “proceeded forward and collided with” Mr. Terrizzi’s vehicle. (Ibid.) Plaintiffs further allege Mr. Pavone was unable to “get off the paved road into soft soil” because Mr. Smith’s parked vehicle blocked Mr. Pavone’s exit. Plaintif