The parents of an 8-year-old boy killed by a trash hauler has filed a wrongful death lawsuit against the company, claiming they are responsible for their son’s death.
The OCWeekly reports that in May 2016, Brock McCann, a third-grader at Newport Beach Heights Elementary School, was riding home from school on his bike when he was struck by a CR&R trash hauler. The truck had just turned onto 15th Street and allegedly drove through a crosswalk without stopping.
Patrick and Bernardette McCann , the boy’s parents, blame the driver, Roberto Zermeno Pedroza, for looking only to the left, but not to the right, before the turn was made.
According to court documents, “CR&R is faulted for having trucks operating in an intersection within six blocks of three schools that were letting out — Newport Heights Elementary School, Ensign Intermediate School and Newport Harbor High School — and doing so after specifically being directed by the city to adjust trash pickup hours to avoid the ‘clash of children and trucks.'”
The McCann’s are seeking an unspecified amount, but they say they’re ultimately not interested in the money.
“In the words of the McCanns, ‘Without taking a look at the whole traffic situation and making monumental changes, this will happen again. It is just a matter of time,'” the McCann’s attorney said in a press release. “‘The purpose of this lawsuit is to prevent something like this from happening again.'”
The McCann’s attorney pointed out that Brock was an experienced bike rider well-versed in bike safety, thanks to his parents. After the death of their son, the McCanns are advocating for the installation of “concrete steps to protect the safety of children going to and from school.”