A judge has denied the city of Pico Rivera’s motion to be dismissed as a defendant in a woman’s lawsuit alleging street debris and a concrete guardrail caused her 52-year-old father’s fatal motorcycle crash death.
Emily Cecilia McCue, the 30-year-old daughter of the late Craig McCue, brought the wrongful death suit in Los Angeles Superior Court. She sued the city and other defendants, including Los Angeles County, the state and the U.S. Army Corps of Engineers.
Attorneys for the city filed a motion to dismiss some or all of the plaintiff’s claims, maintaining that the city does not own Rooks Road, the site of the accident, and is therefore not responsible for its upkeep. The city lawyers also maintained that the plaintiff had no proof that debris was on the road, that the city placed debris there or that the city knew about its presence.
But on Thursday, Judge Lee S. Arian denied the city’s motion, saying the plaintiff had raised triable issues.
According to Emily McCue’s suit, her father was driving a motorcycle on Rooks Road about 6 p.m. on Nov. 23, 2021, when he lost control after hitting debris on the road and then “crashed into a dangerously placed and improperly positioned K-rail,” causing his death, according to the suit brought in August 2022.
The street was in a dangerous condition due to the debris and because improperly placed K-rails pose a known risk for motorcyclists and other motorists, according to the suit, which also alleges there were no posted warnings to motorcyclists of the allegedly hazardous conditions.
“Defendant has failed to distinguish how its admitted duty to maintain Rooks Road does not constitute control over the subject K-rail, which is located on Rooks Road,” the judge wrote.
Emily McCue’s lawyers contended in their court papers that the city exercised control over the management, cleanliness, operation, maintenance and repair of Rooks Road through a series of leases with the United States government dating back to 1984.
The leases give the city “wide-ranging control” over Rooks Road and clearly state the city is responsible for keeping the surface in a “clean, safe condition,” according to Emily McCue’s attorney’s pleadings.
In addition, the city was aware of debris on Rooks Road as far back as 2017 and that it was composed mainly of illegal dumping, according to Emily McCue’s lawyers court papers, which further state that the government leases gave the city the authority to remove the K-rail.
Craig McCue’s death certificate, which is attached to the suit, states that he worked as a telecom engineer for a major television studio. Trial of his daughter’s civil suit is scheduled Jan. 21.