Family seeks thorough investigation of homeless woman’s death at Modesto park. Who is liable?
The family of a homeless woman who was run over by a lawn mower at Beard Brook Park in Modesto wants a full investigation of her death, a spokesperson said.
And although a ruling on the cause of her death has not yet been made in the death of Christine Chavez, the question of who is responsible for her death looms.
That question is bound to end up in civil court, said Dez Martinez, a Fresno advocate for unsheltered people and founder of the nonprofit, We Are not Invisible.
“We just want to hold them accountable and raise awareness so they do a full investigation,” Martinez said.
Close relatives of Chavez said they’ve been given only sketchy details of what happened in the July 8 incident in south Modesto.
Chavez, 27, was run over by a large mower pulled behind a tractor. E.&J. Gallo Winery hired Grover Landscape Services to perform weed abatement on the park property, the day after Beard Brook changed ownership. The city of Modesto gave the 12-acre park to Gallo in exchange for 12 acres of land along the Tuolumne River, which will be used for improvements to Tuolumne River Regional Park.
A close relative of Chavez could bring a lawsuit most likely naming multiple defendants, said Mary-Beth Moylan, a law professor at McGeorge School of Law at University of the Pacific.
Moylan said the terms of the property exchange agreement between the city and Gallo Winery could possibly be significant if a lawsuit is filed. The 14-page agreement talks about the timing of the property exchange but does not include a requirement for posting signs telling the public it’s now private property.
A lawsuit could focus on Gallo, as owner of the property, and on Grover Landscape, as a contractor acting under the authority of Gallo. If the contractor was found grossly negligent, then Grover could be more liable for damages than Gallo Winery, Moylan said.
The judge or jury may also consider whether Chavez was trespassing or authorized to be on the property and also whether notices were posted about the legality of sleeping in the park, Moylan said.
If the person was not expected or allowed to be there, it could affect the amount of a monetary judgment.
Grover Landscape said in an email Tuesday the tractor operator was tested for alcohol and drugs after the incident and the result was negative. “The company will have no other comment while the police investigation continues,” the email said.
E.&J. Gallo Winery didn’t have a comment on the liability questions. In a previous statement, Gallo expressed “sincere condolences to the family of the victim” and said the company and landscaping contractor were fully cooperating with law enforcement authorities.
The Stanislaus County Coroner’s office is awaiting toxicology tests for Chavez before determining the cause of death.
A Modesto police spokesperson did not respond Tuesday morning when asked for an update on the investigation.
Martinez said Gallo acquired the former park knowing that unhoused people camped there or were often in the park. She added that alcohol and drug testing of the tractor driver was essential to the investigation.
The family has disputed some accounts that Chavez was laying down or asleep in tall weeds. Martinez said the foxtails and grass were not tall enough to block visibility.
“The unhoused people who were there saw her about 40 minutes before the police officers arrived,” Martinez said.
Chavez’s death is similar to the death of Shannon Bigley, 32, who suffered fatal injuries as a Caltrans worker cleared a homeless encampment along Highway 99 at Kansas Avenue in 2018. A Stanislaus County jury in November 2021 did not award any money to Maurice Bigley, Shannon’s father, who sued Caltrans and the worker for wrongful death.
The jury heard testimony that Maurice Bigley of Oregon did not have a close relationship with his daughter.
Martinez noted that Chavez often saw her father at his Modesto residence. She would leave, usually staying at the Salvation Army shelter at South Ninth and D streets, not far from Beard Brook, to receive mental health services. She would also spend time in the park.
“She was daddy’s girl,” Martinez said. “They tried numerous times to take her home and get her into counseling. She told everybody she wanted to be outside, with no walls, no rooms and no doors. ... She felt free outside.”
This story was originally published July 25, 2023 at 11:41 AM.
