Three children that lost their mother when her car was swept from a city-owned road into a rain-swollen river, have filed a wrongful death suit naming the city and others for their negligence, as reported in the North County Times.
A.M.W., 39, perished in Canyon Lake on December 22, when she was on route to work from her home in Menifee to her job in Temecula.
She was only on the road for a few minutes before her vehicle was pulled from Goetz Road and into Salt Creek. From there she was pulled further, into Canyon Lake, before she was discovered, drowned, hours later.
Her three children, motherless for over 10 months, have filed a wrongful death lawsuit naming the city of Canyon Lake, the city of Menifee and Riverside County. Also named in the suit is the Canyon Lakes Property Owners Association - an entity responsible for supplying security - and L.M., the Canyon Lake City Manager.
The suit contends that their mother need have not have drowned had the area of road, susceptible to flooding after rainstorms, had been closed off to the public.
Robert Knaier is representing the surviving children. He has yet to state the amount of damages they will ask for.
The suit states, among other things, that A.M.W.'s children have been suffering with "the loss of their funeral expenses, as well as the loss of love, society, companionship, comfort, affection and moral and financial support that they would have received from Ms. (A.M.W.)"
The area of road in question, per the suit, was to be maintained jointly by Canyon Lake, Menifee and Riverside County - as they owned or controlled it. It is further mentioned in the suit that all three entities were fully aware of the dangers when rain would cause the riverbed to raise to the level of the road.
Other issues with the road, as stated in the suit, are, "The absence of adequate lighting; the absence of protective measures designed to prevent vehicles from entering Canyon Lake; and the absence of warnings regarding the possibility of flooding. The dangerous condition of Goetz Road created a reasonably foreseeable risk that motorists would encounter flooding and potentially be washed in Canyon Lake, as happened to Ms. (A.M.W.)."
That same night of the drowning other vehicles also encountered difficulties where the creek had intersected the road. No barricades were set up, leaving motorists to make their own decisions on whether or not to try and get through.
The suit contends that L.M., as the city manager, had the responsibility to be aware of the danger and to alert the public. And, to take it a step further, the suit suggests that L.M. had known about the risk long enough to have made sure that something had already been done about it.
The suit alleges that "(L.M.), Canyon Lake, Menifee, and Riverside County were on notice of the dangerous condition of the section of Goetz Road where the accident occurred for a long enough time to have protected against the risk it created."
During the process of loosing a loved on in a wrongful death can sometimes bring about change, and monetary compensation, following a lawsuit. Contact a personal injury lawyer today from our directory to help you.