Brock McCann, who was a third-grader at Newport Heights Elementary, was riding his bicycle home after school along 15th Street near Michael Place on May 25, 2016, when a trash truck operated by city contractor CR&R struck him.
The lawsuit, which was filed in Orange County Superior Court, alleges that driver Roberto Zermeno Pedroza didn’t stop the truck as he was approaching 15th Street from Michael Place in accordance with his training, despite his view being obstructed by a parked car, a tree and solid fencing on the right side.
“On the contrary, Mr. Zermeno kept going forward and completed a right turn onto 15th Street without ever stopping, and while looking almost exclusively to his left,” the lawsuit states. “Since his attention was entirely diverted in the other direction, Mr. Zermeno never saw Brock McCann entering the unmarked crosswalk across Michael Place to his right.”
Despite Brock’s attempt to stop his bicycle to avoid the crash, he was hit and died at the scene, according to the suit.
CR&R Inc. did not respond to a phone call seeking comment.
The lawsuit states that trash pickup times should have been adjusted to avoid school dismissal times when large numbers of children from Newport Heights Elementary, Ensign Intermediate and Newport Harbor High schools would be walking and bicycling in the area.
The city of Newport Beach directed CR&R to change trash pickup times as a result of the boy’s death, according to the lawsuit. However, a news release issued by law firm Aitken Aitken Cohn, which is representing the family, alleges that CR&R and its drivers “routinely ignore this directive, and still run their routes near these schools during drop off and pick up periods.”
The lawsuit also contends that the trash trucks were not equipped with a “bug-eye” mirror on the upper right windshield, which could have reduced blind spots.
Read More: LA Times