Five children of a motorcyclist killed in a 2016 hit-and-run crash in Pasadena settled a lawsuit they brought against the registered owner of the Tesla sedan that struck their father.

The Los Angeles Superior Court lawsuit filed in June 2017 alleged negligence and wrongful death on the part of Charles Zweiback, who was not driving or riding in the car at the time of the Oct. 6, 2016, collision that killed Oscar Chavez.

The terms of the settlement were not divulged in court papers filed by the attorneys for plaintiffs Brandon Chavez of Pasadena, Andrea Barry of Rialto, Christie Chavez of Los Angeles, Monique Chavez of Moreno Valley and Christopher Chavez of Tarzana.

The suit alleged that the man who was behind the wheel of the Tesla had been given permission by Zwieback to use his vehicle. But Zweiback’s lawyers argued in their court papers that he had no liability because the driver had stolen the 2015 Tesla Model S from their client.

“Before the accident, I never gave anyone permission other than my wife to drive my Tesla,” Zweiback said in a sworn statement.

Oscar Chavez, 60, of Pasadena died at the scene of the collision, which occurred about 11:40 p.m. at Marengo Avenue and Washington Boulevard. The Tesla was heading north on Marengo Avenue at a high rate of speed when it collided with the victim’s motorcycle at the intersection of Washington Boulevard, according to Pasadena police, who said the driver abandoned the Tesla and fled on foot.

Donte Antoine Fox, now 23, was later arrested and charged in 2018 with murder, vehicular manslaughter, hit-and-run driving resulting in death and grand theft of an automobile. He is due in Pasadena Superior Court on July 23 for a pretrial hearing.

Fox was referred to as defendant “Doe 1” in the lawsuit, but was not identified by name in the plaintiffs’ court papers.

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