San Juan Capistrano Dirt Bike Riders Motorcycle Accident case begins A jury in a court in Santa Ana will begin to hear opening statements from the two best lawyers in a case that threatens to become a very emotional - neglect of the city, on the one hand, and parents supervision, or lack thereof, on the other.
Lawyers on both sides of a motorcycle accident case began presenting arguments before the opening potential jurors in the case of two teenage boys in San Juan Capistrano. On March 30, 2005, the two teenagers, Merrill Trenton, then a 14 year old, and Scott Agostini, then 13 years have been biking dirt. Merrill was the passenger. The couple passes through San Juan Capistrano Creek Road, and crashed into a BMW. The injuries sustained in a motorcycle accident, but it was Merrill who took the brunt of the impact. He spent several weeks in hospital undergoing a number of surgeries the front leg was amputated. Agostini was released one week after the accident without permanent damage. The driver of the BMW, Emily Pastore, was not injured in the accident.
In the days after the motorcycle accident, Merrill and his family sued the City, as well as a landscaping contractor for the city. The city its part, has pursued two Agostini and Pastore, but last week dropped Pastore combination.
In his opening remarks, counsel for the city based its argument on the boys and their temperament. He said the boys were encouraged to take the sport of motocross by their parents, and subjects were using the neighborhood as their own track racing motocross private. He categorically rejected the idea that these boys were naive or innocent victims of this tragedy, and said they were already the motocross riders semi-pro at motorcycle accident. And when the boys were only 13-14 years!
In his opening statement, counsel for the Merrills, argued that the boys had absolutely no time to see BMW Pastore as they cross the intersection because a proliferation of abundant vegetation created a crossroads blind, in the center median. Merrill, he contends, was forced to lose his leg and let go of his dreams, due to the negligence of the City of San Juan Capistrano who failed to make the intersection safe to use for riders. There was no record of maintenance on the site of the accident by the landscape contractor. There were no warning signs that could have warned the boys. There was nothing but green brush that blocked views of the child, and leads to the motorcycle accident.
The affair became emotional tones, especially those who believe that parents of boys were irresponsible to let them do the dirt bike in the streets. The city attorney in fact used the words, "self" centered, and "disobedient." We're still some time away from the hearing all the facts in this case, but it does not seem to be any evidence that the boys were accustomed to using the street as a racetrack, as city attorney claimed. Neighbours Agostinis say that most of the boys riding was done on the racetrack as his parents had built for him in court.
It's ridiculous pile all the blame on parents, while the city failed to keep the streets safe for people to use. It seems that the city is trying to blame others, without recognizing that he had a role to play in this tragedy. While the boys did not take place on the roads, but then it has no huge brush up on the median strip that day either.
Posted on May 4, 2010.