PANISH SHEA & BOYLE LLP 104771700 pore = 30.77.1699 fox ce wana PANISH SHBA & BOYLE LLP BRIAN J. PANISH, State Bar No. 116060 panish@psblaw.com CONFORMED COPY RAHUL RAVIPUDI State Bar No, 204519 suger CoN ge ravipudi@psblaw.com ROBERT S, GLASSMAN, State Bar No. 269816 DEC 07 2015 sglassmantaipsblaw.com 11111 Santa Monica Boulevard, Suite 700 Los Angeles, California 90025 Telephone: 310.477.1700 Facsimile: 310.477.1699 ‘Sherr F. Caster, Executive Offcorlenk By Cristina Grilve, Deputy YUN LAW FIRM A Professional Law Corporation SANG (NATHAN) YUN, State Bar No, 171603 ‘snyun yunlavefirm@email.com 14241 , Firestone Boulevard, Suite 400 La Mirada, California 90638 Telephone; 562.293.4014 Attomeys for Plaintiffs SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES BC6 03251 EUN HA LEB, Individually and as Suecessor-_ | Case No. in-Interest to Decedent, HUN JOON LEE, and SANG SIK LEE, individually PLAINTIFES' COMPLAINT FOR | WRONGFUL DEATH DAMAGES Plaintiffs, j { 1, NEGLIGENCE ¥. 2. NEGLIGENT HIRING/RETENTION/ PUPIL TRANSPORTATION SUPERVISION/TRAINING COOPERATIVE (JPA), a public entity; WHITTIER UNION HIGH SCHOOL DEMAND FOR JURY TRIAL DISTRICT, a public entity; and DOES 1 through 50, inclusive, Defendants. COMES NOW Plaintiffs, Bun Ha Lee, Individually and as Successor-in-Interest to decedent Hun Joon Lee, and Sang Sik Lee, Individually, as for causes of action against Defendants, Whittier Union High Sehool District, a public entity, Pupil Transportation Cooperative (JPA), a public entity, and DOES 1 through 50, inclusive, complain and allege as follows: SOMPLAINT FOR WRON DEATHg i a 5 os Angeles, Cotta 90025 {3104771700 phone + 310.47,1699 fox ms a 5 2 a 2 a & Z é a Sc esao i 12 13 14 15 16 7 18 19 20 21 22 2B 24 25 26 27 28 GENERAL AL ONS 1. This wrongful death and survival action is being brought on behalf of Hun Joon Lee's, ("Decedent") heirs and successors-in-interest against those entities and individuals responsible for causing Decedent's death to compensate them for their injuries and tragic loss. 2. Decedent, affectionately referred to as "Paul" and aged 19 years atthe time of his death ‘on September 11,2015, was the only son of Eun Ha Lee and Sang Sik Lee ("Plaintiffs"). Atall times mentioned herein, Plaintiffs and Decedent resided in Los Angeles County. 3. Attthe time of his death, Decedent was a student of the Whittier Union High School District where he attended the Sierra Vista Adult School, which provides instruction and guidance to a wide range of students, including students such as Decedent with Autism—a form of pervasive developmental disorder. 4, Prior to and at the time of his death, Decedent was on the severe part of the spectrum of ‘Autism being, among other things, non-verbal and with the mental capacity of a child. Defendants Whittier Union High School District and Pupil Transportation Cooperative and DOES 1 through 50, inclusive, and each of them (collectively referred to as "DEFENDANTS'"), knew Decedent's limitations and special needs 5. Plaintiffs are informed and believe, and thereon allege, that at all times mentioned herein, Defendant Whittier Union High School District was a Public Entity located in the County of Los Angeles, which managed, controlled, and/or operated Sierra Vista Adult School, Plaintiffs are informed and believe, and thereon allege, that at all times mentioned herein, Defendant Whittier ‘Union High School District provided the regular and special education schoo! transportation program for Whittier Union High School District schools including Sierra Vista Adult School and/or contracted with Defendant Pupil Transportation Cooperative to provide such transportation. 6. Plaintiffs are informed and believe, and thereon allege, that at all times mentioned herein, Defendant Pupil Transportation Cooperative (JPA) was a Joint Powers Agency composed of seven school districts in the Whittier and Pico Rivera area of Los Angeles County. Plaintiffs are informed and believe, and thereon allege, that at all times mentioned herein, Defendant Pupil ‘Transportation Cooperative constituted a consortium of public school districts that possessed the legal 2 COMPLAINT FOR WRONGFUL DEATH DAMAGES AND DEMAND FOR JURY TRIALa = 3 2 a % = a a z Z 2 a zg rica Boulevard, Su Lor Angsies, Cltersa 0025 310.477 1699 fox 3104771700 phone at 12 2B 4 15 16 17 18 19 20 21 2 2B 24 25 26 27 28 status of a local educational agency under California law. Plaintiffs are informed and believe, and thereon allege, that at all times mentioned herein, that Defendant Pupil Transportation Cooperative provided the regular and special education school transportation program for its member school districts, which included Whittier Union High School District. 7. At 8:00 a.m. on the morning of September 11, 2015, Decedent was picked up by DEFENDANTS special needs school bus ("SUBJECT SCHOOL BUS") to be transported to the Sierra Vista Adult School. 8. Plaintiffs are informed and believe, and thereon allege, that at all times mentioned herein, Decedent was one of only three student- passengers on the SUBJECT SCHOOL BUS that morning. 9. Plaintiffs are informed and believe, and thereon allege, that the SUBJECT SCHOOL BUS stopped at Sierra Vista Adult School, but Decedent was not dropped off and remained on the SUBJECT SCHOOL BUS. After completing its drop offs, the SUBJECT SCHOOL BUS was driven to the Pupil Transportation Cooperative Bus Lot, located at 9402 Greenleaf, Ave. in Whittier, California, and the driver of the SUBJECT SCHOOL BUS locked it and left with Decedent still in the SUBJECT SCHOOL BUS. September 11, 2015 was a typical hot summer day with temperatures nearing 100 degrees. DEFENDANTS left Decedent on that SUBJECT SCHOOL BUS all morning and all afternoon. 10. When Decedent did not return home from school at the usual time of 3:30 p.m. on September 1, 2015, Plaintififs grew concerned and contacted Sierra Vista Adult School to inquire as to their son's whereabouts. Plaintififs became extremely frantic and worried and called the Whittier Police Department as they rushed to the Sierra Vista Adult Schoo! to search for their missing son. 11. Plaintiff are informed and believe, and thereon allege, that shortly thereafter, Whittier Police discovered Decedent's unresponsive body lying in the aisle of the SUBJECT BUS, which had 3 ‘COMPLAINT FOR WRONGFUL DEATH DAMAGES AND DEMAND FOR JURY TRIAL310.477.1699 fox Angee, Cooma 0025 z i l 310477.1700 phone 5 aq 4 & & 3% a a Z a a 10 ul 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 been parked at the Pupil Transportation Cooperative Bus Lot, located at 9402 Greenleaf, Ave. in Whittier, California, for approximately 7 hours. 12, Plaintiff’ are informed and believe, and thereon allege, that emergency personnel attempted to revive Decedent but were unsuccessful. Decedent was pronounced dead at the scene at approximately 4:00 p.m. on September 11, 2015. 13, Plaintiffs are informed and believe, and thereon allege, that at all times mentioned herein, DEFENDANTS maintained policies and procedures to prevent students from being left on a school bus. Plaintiffs are informed and believe, and thereon allege, that each of the DEFENDANTS had policies and procedures to prevent Decedent from being left on a school bus. Plaintiffs are informed and believe, and thereon allege, that this tragedy which needlessly took their beloved son away from them should have never happened. PARTIES 14, Atal times mentioned herein, Plaintiffs Eun Ha Lee and Sang Sik Lee were the parents and only surviving heirs of Decedent Hoon Jun Lee. As the parents and only surviving heirs of Decedent Hoon Jun Lee, Plaintiffs bring these causes of action against DEFENDANTS and DOES 1-50, inclusive. Moreover, Plaintiff Eun Ha Lee is Decedent Hoon Jun Lee’s successor in interest for all purposes in this litigation pursuant to Code of Code Civil Procedure § 377.32. 15, Defendant PUPIL TRANSPORTATION COOPERATIVE (IPA) ("PUPIL TRANSPORTATION"), a all times relevant herein, was a public entity duly organized and existing under and by virtue of the laws of the State of California and authorized to do, and is doing, business in the State of California. 16, Defendant WHITTIER UNION HIGH SCHOOL DISTRICT (“WUHSD") relevant herein, was a public entity duly organized and existing under and by virtue of the laws of the State of California and authorized to do, and is doing, business in the State of California, 17, Defendants PUPIL TRANSPORTATION and WUHSD are public entities, upon which. Plaintiffs have, pursuant to Government Code §§ 905 & 910 et seq., timely served with written government claims. Pursuant to Government Code § 945.4, Defendants PUPIL TRANSPORTATION 4 ‘COMPLAINT FOR WRONGFUL DEATH DAMAGES AND DEMAND FOR JURY TRIALPANISH SHEA & BOYLE LLP 310.477.1699 fox ‘9 Boulevard, ute 700 Los Angeles. Caiforia 90005 2 BeN 10 i 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 and WUHSD have rejected said claims. Accordingly, Plaintiff has standing to bring suit for monetary damages against these public entities. 18. The true names and capacities, whether individual, plural, corporate, partnership, associate, or otherwise, of DOES | through 50, inclusive, are unknown to Plaintiff who therefore sue said defendants by such fictitious names. The full extent of the facts linking such fictitiously sued defendants is unknown to Plaintiff. Plaintiff is informed and believes, and thereupon allege, that each of the defendants designated herein as a DOE was, and is, negligent, or in some other actionable manner, responsible for the events and happenings hereinafter referred to, and thereby negligently, or in some other actionable manner, legally and proximately caused the hereinafter described injuries and damages to Plaintiff. Plaintiff will hereafter seek leave of the Court to amend this Complaint to show the defendants’ true names and capacities after the same have been ascertained. 19, Plaintiff is informed and believes, and thereon alleges, that at all times mentioned herein, PUPIL TRANSPORTATION COOPERATIVE (JPA), WHITTIER UNION HIGH SCHOOL DISTRICT, and DOES 1 through 50, inclusive, were agents, servants, employees, suecessors in interest, and/or joint venturers of their co-defendants, and were, as such, acting within the course, scope, and authority of said agency, employment, and/or venture, and that each and every Defendant, as aforesaid, when acting as a principal, was negligent in the selection and hiring of each and every other Defendant as an agent, servant, employee, successor in interest, and/or joint venturer FIRST CAUSE OF ACTION Negligence & Negligence Per Se Against All Defendants and DOES 1 through 50, In 20. Plaintiffs re-allege and incorporate herein by reference each and every allegation and statement contained in the prior paragraphs. 21. Plaintiffs are informed and believe, and thereon allege, that at all times mentioned herein, DEFENDANTS owed a duty of care to all reasonably foreseeable people, including Decedent, to own, Jease, manage, maintain, control, entrust, and operate the SUBJECT BUS in a reasonable ‘manner, and to act reasonably to best ensure the safe passage of passengers riding the SUBJECT BUS, including, but not limited to, Decedent. 5 ‘COMPLAINT FOR WRONGFUL DEATH DAMAGES AND DEMAND FOR JURY TRIAL.PANISH SHEA & BOYLE LLP | Sante Morica Boulevard, Suite 700 oiforie 90025. Los Angels, 2310.47. 1699 fox E Cw aan 20 21 22 24 25 26 27 28 22. Plaintiffs are informed and believe, and thereon allege, that at all times mentioned herein, each of the DEFENDANTS breached their duty of care when they carelessly and negligently owned, leased, managed, maintained, entrusted, controlled, and operated the SUBJECT BUS and related tasks on the date of the INCIDENT by, including, but not limited to, failing to do a mandatory and routine sweep of the SUBJECT BUS prior to exiting, especially considering that there were only three children on the SUBJECT BUS who were of special needs; and failing to document or confirm Decedent's arrival at school, escort Decedent off the SUBJECT SCHOOL BUS, or receive Decedent from the SUBJECT SCHOOL BUS Further, each of the DEFENDANTS neglected to pay attention to Decedent for an extended period during the bus ride and failed to recognize, respond to, or assist Decedent in any manner, resulting in Decedent's untimely death for which each of the DEFENDANTS are legally responsible. 23, Plaintiffs are informed and believe, and thereon allege, that at all times mentioned herein, each of the DEFENDANTS were the lessees of, owners of, had an ownership interest in, or otherwise had control over the SUBJECT BUS. Plaintiffs are informed and believe, and thereon allege, that at all times mentioned herein the SUBJECT BUS was being operated and/or controlled by one of DEFENDANTS!" agents, employees, and/or independent contractors with the consent, knowledge, and permission of DEFENDANTS and DOES 1 through 50, inclusive, and each of them, which renders DEFENDANTS vicariously liable for the negligent acts and omissions of the SUBJECT BUS DRIVER. 24, PlaintiffS are informed and believe, and thereon allege, that the violation of certain state and/or federal statutes, including, but not limited to, California Civil Code Section 2100, California Vehicle Code Section 17001, California Education Code Sections 39831.3, 39831.5, and 44808, as ‘well as under California Government Code Sections 815.2, 815.4 and 820(a) by DEFENDANTS and DOES | through 50, inclusive, and each of them, was a substantial factor in causing the death of Hun Joon Lee and damages as alleged herein. 25. Plaintiff accordingly alleges that DEFENDANTS and DOES 1 through 50, inclusive, and each of them, were per se negligent for violating the aforementioned statutes causing the death of Decedent. Plaintiffs also allege that at all times herein Decedent was a person belonging to the clas 6 ‘COMPLAINT FOR WRONGFUL DEATH DAMAGES AND DEMAND FOR JURY TRIAL* § a a g z 8 a 3 = al = G g z 4 a z : i : i Lot Ange 310.477.1700 pone 77 899 ox an) ee wa 10 i 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of persons sought to be protected by the aforementioned statutes, and that the violation of said statutes was a direct, legal, and proximate cause of the death of Hun Joon Lee and damages complained of herein. 26. Plaintiffs are informed and believe, and thereon allege, that because DEFENDANTS violated certain state and/or federal statutes, including, but not limited to, California Civil Code Section 2100, California Vehicle Code Section 17001, California Education Code Sections 39831.3, 39831.5, and 44808, and because said state and/or federal statutes constitute mandatory directives subjecting DEFENDANTS to a mandatory duty designed to protect against the risk of a particular kind of injury, DEFENDANTS may be held liable directly pursuant to Government Code Section 815.6. 27. Asa direct and proximate result of the negligence, carelessness, recklessness, and violations of the law of DEFENDANTS and DOES | through 50, inclusive, and each of them, Decedent was injured in his health, strength and activity, sustaining injury to his body, and shock and injury to his person, all of which caused Decedent great physical, mental, and emotional pain and suffering prior to his untimely death, all to Plaintiffs’ damages in an amount which will be stated according to proof, pursuant to Section 425.10 of the California Code of Civil Procedure. 28. Asa direct and proximate result of the negligence, carelessness, recklessness, and violations of the law of DEFENDANTS and DOES 1 through 50, inclusive, and each of them, Plaintiffs were compelled to and did employ the services of physicians, surgeons, and other medical personnel, and Plaintiffs were compelled to and did incur other incidental expenses, including, but not limited to, medical, funeral, and/or burial expenses related to the necessary care and treatment of Decedent. 29. Asa direct and proximate result of the negligence, carelessness, recklessness, and violations of the law of DEFENDANTS and DOES 1 through 50, inclusive, and each of them, Plaintiffs claim general damages resulting from the loss of love, affection, society, service, comfort, support, right of support, expectations of future support and counseling, companionship, solace, and ‘mental support, as well as other benefits and assistance of the Decedent in a sum in excess of the jurisdictional limits of this Court, which will be stated according to proof at the time of trial, pursuant 7 ‘COMPLAINT FOR WRONGFUL DEATH DAMAGES AND DEMAND FOR JURY TRIAL,PANISH SHEA & BOYLE LLP Sonte Monica Bouleverd ute 700 Los Angeles, Caitris 99025 310.47, 1699 fox 13104771700 shone ewe 10 if) 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2 28 mn 425.10 of the California Code of Civil Procedure. 30. Plaintiffs are informed and believe, and thereon allege, that at all times mentioned herein, DOE 1, the driver of the SUBJECT BUS on September 11, 2015 ("SUBJECT BUS DRIVER"), negligently, carelessly, recklessly, wantonly, maliciously, and in conscious disregard of the rights and safety of Decedent. Plaintiffs are informed and believe, and thereon allege, that at all times mentioned herein, the SUBJECT BUS DRIVER, acted with "malice" and "oppression" in that he/she engaged in despicable conduct in conscious disregard of the rights, safety, and welfare of Decedent, thereby entitling Plaintiffs to an award of punitive damages pursuant to California Civil Code § 3294 in an amount appropriate to punish or set an example of the SUBJECT BUS DRIVER SECOND CAUSE OF ACTION (Negligent Hiring/Retention/Supervision/Training by Plaintiffs as Against All Defendants and DOES I through 50, Inclusive) 31. Plaintiffs re-allege and incorporate herein by reference each and every allegation and statement contained in the prior paragraphs. 32. At the relevant time, a special relationship existed between DEFENDANTS’ administrative and supervisory personnel and the students and bus riders under their control and supervision, including, but not limited to, Decedent. 33. By virtue of said special relationship, DEFENDANTS and DOES 1 through 50, inclusive, and each of them, including DEFENDANTS! administrative and supervisory personnel, owed a duty to take reasonable measures to protect all students under their control and supervision, including Decedent, from foreseeable injury at the hands of third parties acting negligently or intentionally, including, but not limited to, the SUBJECT BUS DRIVER, by not engaging in the negligent hiring, retention, training, and supervision of agents, employees, and/or independent contractors of DEFENDANTS with direct contact and/or interaction with students and bus riders under their control and supervision, including, but not to, Decedent. 34, Plaintiffs do not know, nor do they have reason to know, the names and/or identities of DEFENDANTS! administrative and supervisory personnel who Plaintiffs contend are responsible for 8 ‘COMPLAINT FOR WRONGFUL DEATH DAMAGES AND DEMAND FOR JURY TRIALPANISH SHEA & BOYLE LLP aa 10 " 12 13 14 15 16 7 18, 19 20 21 23 24 25 26 27 28 the negligent and reckless acts and omissions as described herein, which Plaintiffs contend are the legal and proximate cause of Plaintiffs’ damages. Plaintiffs will amend this Complaint to set forth the same as soon as the identities of the culpable individuals are identified. 35. Plaintiffs are informed and believe, and thereon allege, that at all times mentioned herein, DEFENDANTS administrative and supervisory personne! were negligent and reckless in their hiring, training, supervision, and/or retention of certain agents, employees, and/or independent contractors, including, but not limited to, the SUBJECT BUS DRIVER, in that they knew or should have known that said agents, employees, and/or independent contractors, including, but not limited to, the SUBJECT BUS DRIVER, were unfit for the specific and mandatory tasks to be carried out and performed during the course and scope of employment, such as maintaining, inspecting, supervising, managing, regulating, waming, patrolling, protecting, guarding, training, and controlling the SUBJECT BUS, which was the legal and proximate cause of the Decedent suffering pre-death physical injuries, mental anguish, terror, anxiety, unconsciousness, and ultimately death, 36. Plaintiffs are informed and believe, and thereon allege, that at all times mentioned herein, DEFENDANTS administrative and supervisory personnel were negligent and reckless in their hiring and/or retention of certain agents, employees, and/or independent contractors, including, but not Ii ed to, the SUBJECT BUS DRIVER, in that they knew or should have known that said agents, employees, and/or independent contractors, including, but not limited to, the SUBJECT BUS DRIVER, were unfit for the specific and mandatory tasks to be carried out and performed during the course and scope of employment, such as maintaining, inspecting, supervising, managing, regulating, warning, patrolling, protecting, guarding, training, and controlling the SUBJECT BUS, which was the legal and proximate cause of Plaintifis' claimed general damages resulting from the loss of love, affection, society, service, comfort, support, right of support, expectations of future support and counseling, companionship, solace, and mental support, as well as other benefits and assistance of the Decedent in a sum in excess of the jurisdictional limits of this Court, which will be stated according to proof at the time of trial, pursuant to Section 425.10 of the California Code of Civil Procedure. 37. Plaintiffs are informed and believe, and thereon allege, that at all times mentioned herein, DEFENDANTS’ administrative and supervisory personnel were negligentand reckless in their 9 ‘COMPLAINT FOR WRONGFUL DEATH DAMAGES AND DEMAND FOR JURY TRIAL.« q 3 b a 3 a £ & 3 z g 8 : i Los Ange 310.7.1700 phone » 3104771699 fox nh 12 13 4 15 16 17 18 19 20 21 2 23 24 25 26 21 28 hiring and/or retention of certain agents, employees, and/or independent contractors, including, but not limited to, the SUBJECT BUS DRIVER, in that they knew or should have known that said agents, employees, and/or independent contractors, including, but not limited to, the SUBJECT BUS DRIVER, were unfit for the specific and mandatory tasks to be carried out and performed during the course and scope of employment, such as maintaining, inspecting, supervising, managing, regulating, warning, patrolling, protecting, guarding, training, and controlling the SUBJECT BUS, which was the egal and proximate cause of Plaintiffs claim for medical, funeral, and/or burial expenses in an amount to be stated according to proof at the time of trial, pursuant to Section 425.10 of the Califomia Code of Civil Procedure. 38. Assuch, Plaintifis are informed and believe, and thereon allege, that DEFENDANTS may be held vicariously liable for the negligent and reckless acts and omissions of DEFENDANTS’ administrative and supervisory personnel as alleged herein, including, but not limited to, the negligent hiring, supervision, training, and/or retention of certain agents, employees, and/or independent contractors, including, but not limited to, the SUBJECT BUS DRIVER, pursuant to Gov. Code §§ 815.2, 815.4 and 820(a. PRAYER FOR RELIEF WHEREFORE, Plaintiffs pray judgment against all DEFENDANTS and DOES 1 through 50, inclusive, and each of them, as follows: For general damages (also known as non-economic damages), including but not limited to, past and future loss of love, companionship, comfort, care , assistance, protection, affection, society, moral support and guidance, in an amount in excess of the jurisdictional minimum, according to proof against all DEFENDANTS; 2. For special damages (also known as economic damages), including but not limited to, past and future financial support, loss of gifts and benefits, fumeral and burial expenses, and reasonable value of houschold services, in excess of the jurisdictional minimum, according to proof against all DEFENDANTS; 3. For prejudgment interest, according to proof against all DEFENDANTS and 10 ‘COMPLAINT FOR WRONGFUL DEATH DAMAGES AND DEMAND FOR JURY TRIALLos Angeles, Comic 90025 + 810.477 1699 kx 1 Sante Monica Boulevard Suite 700 310.477.1700 phone PANISH SHEA & BOYLE LLP Ce a aw se 10 u 12 B 14 15 16 7 18 19 20 a 22 23 24 25 26 27 28 4, For attorneys fees and costs of suit incurred herein, according to proof against all DEFENDANTS; 5 For an award of punitive damages pursuant to California Civil Code § 3294, according to proof against the SUBJECT BUS. DRIVER. 6. For such other and further relief as this Court may deem just and proper against all DEFENDANTS. DATED: December 1, 2015 PANISH SHEA & BOYLE LLP By: Le Brian J. Ps Rahul Ravipudi Robert S. Glassman Sang (Nathan) Yun Attorneys for Plaintiff iL COMPLAINT FOR WRONGFUL DEATH DAMAGES AND DEMAND FOR JURY TRIALLer Angeles, Cotfleria 0025 {310.477.1700 phone » 310771699 fox {1111 Sonta Monica Boxkovard, Site 700, PANISH SHEA & BOYLE LLP owe a aw ew 10 ul 2 13 4 15 16 7 18 19 20 a 2 2B 24 25 26 21 28 DEMAND FOR JURY TRIAL Plaintiff hereby demands trial by jury. DATED: December 1, 2015 PANISH SHEA & BOYLE LLP Rahul Ravipudi Robert S, Glassman Sang (Nathan) Yun Attorneys for Plaintiff COMPLAINT FOR WRONGFUL DEATH DAMAGES AND DEMAND FOR JURY TRIAL