Claims agency is to blame for death
Morgan Hill – The tow truck driver who killed Caltrans employee Sean Merriman in April has filed a cross-complaint against Caltrans, laying the blame with the government agency.
Vasquez was driving on U.S. 101 in San Jose, where Caltrans workers were repairing potholes. His truck skidded into a Caltrans truck in the third lane, pushing it into a second Caltrans truck. Merriman was crushed between the two trucks, and died of major trauma. He was a Gilroy resident and former city public works employee, the son of Craig and Jacqui Merriman, known for their devotion to South County’s homeless population.
Louis Estrada Vasquez entered the cross-complaint Nov. 10, two months after the Merriman family filed a civil suit against Vasquez and Ponzini Community Garage, Inc. in Morgan Hill, where Vasquez was employed as a truck driver. He also faces criminal charges of involuntary manslaughter.
“They’re trying to point their fingers at somebody else,” said attorney Robert Bohn, Jr., who is representing the Merriman family. “From what I’ve seen of the police report, with the information I have now, it does not look like there’s any negligence by Caltrans … The responsibility is squarely on Ponzini Community Garage and their driver.”
Repeated calls to attorney Eugene F. West, who is representing Vasquez, were not returned. The cross-complaint states that Vasquez “alleges that the injuries and damages sustained by plaintiff in the within action, if any, were … caused by the negligence or other culpable conduct of cross-defendants,” the State of California Department of Transportation.
A Caltrans representative could not be reached for comment.
Emily Alpert covers public safety issues for The Dispatch. She can be reached at 847-7158 or at ea*****@************ch.com.
