Last Updated on January 10, 2023 by CCAR Staff
YUCAIPA >> Although the federal government failed to respond to a wrongful death lawsuit stemming from a fatal tour bus crash in Yucaipa that killed eight people, authorities say the United States actually has some time to file a motion.
The lawsuit, which alleges inspectors failed to follow their own rules and procedures for inspecting commercial vehicles “for the weeks, months and years prior” to the deadly Feb. 3, 2013 crash, was filed Dec. 21 in U.S. District Court, Southern District of California, in San Diego.
The federal government missed its Feb. 1 deadline to answer the complaint, according to courthouse records, but officials say the U.S. has until March 11 to file a response.
“After they file, we will commence discovery and depositions,” said James P. Frantz, the San Diego-based attorney representing some of those injured in the crash and the families of those killed. Frantz also represented the same clients in a civil case against Scapadas Magicas and the bus driver, Norberto Perez, who is currently the only person facing criminal charges associated with the crash.
The Department of Transportation repeatedly issued passing grades to Scapadas Magicas and its buses despite serious deficiencies inspectors say existed months, possibly years, before the fatal crash, according to the lawsuit.
During an Oct. 25, 2012, roadside inspection of the same bus involved in the 2013 fatal crash, a Federal Motor Carrier Safety Administration agent failed to accurately report brake measurements on the vehicle. Despite this, the bus was issued a Commercial Vehicle Safety Alliance decal which signifies the vehicle is roadworthy.
Just one month prior to the Yucaipa crash, on Jan. 2, 2013, a compliance review resulted in a satisfactory rating despite it not addressing any mechanical violations, the complaint says. Excessive maintenance issues prompted the review.
An inspection done of the bus by the National Transportation Safety Board following the crash showed mechanical issues that directly contributed to the deadly incident “were present at the time” of both the October and January inspection and review, the lawsuit says.
The 2013 crash on Highway 38 killed seven passengers, who had taken a day trip to Big Bear Lake from Tijuana, and Fred Richardson, 72, of Mountain Home Village, who was killed when the bus hit his pickup truck.
