Jurors find in favor of Stanislaus County in drowning case

A jury on Thursday decided Stanislaus County was not responsible for the death of a man who drowned in 2005 when a car he was riding in hit a flooded portion of a road and was swept into Orestimba Creek near Newman.

David Renteria, who represented Hector Alvarez's family in the wrongful death civil lawsuit, argued the county had liability because public works officials failed to barricade Eastin Road before the car arrived at the flooded area.

Attorney Lee Hedgepeth, who represented the county, argued in court that Alvarez would not have died if he weren't "grossly impaired" by alcohol.

"We are pleased, of course, with the jury's decision," Hedgepeth said. "We continue to feel, however, as we always have, much compassion for the Alvarez family."

Alvarez's survivors sought a $32 million judgment. During his closing argument, Hedgepeth told the jury $2 million would be a more appropriate sum — if they determined the family was owed anything.

The jury did not award the family any money.

"It's very disappointing," Renteria said of the verdict. "It's just going to have to take another tragedy before they fix the problem."

Renteria repeatedly told the jury the barricades had been brought to the area before the flooding, but they were just thrown on the side of the road.

Since the drowning, county officials have installed automated crossing arms blocking off some roads on the West Side that consistently flood. Witnesses said they are activated by water pressure when the creek rises to a road's surface.

Renteria argued that the Alvarez case also was an effort to change the practices of the county's Public Works Department.

"They did install the crossing arms, which is something," said Renteria.

The Alvarez family was in the courtroom Thursday and remained stoic as the verdict was read. They declined to comment.

Six women and six men decided the outcome of the seven-week trial. The jury unanimously said the public property in question was in a dangerous condition at the time of incident.

Attorney plans appeal

But only two of the 12 jurors determined the condition of that property created a foreseeable risk that this type of incident would occur. The others disagreed. The same two jurors also were the only ones who determined the county's negligence inflicted emotional distress on Alvarez's family.

With the jury finding 10-2 for the county, there is no damage judgment. Verdicts do not have to be unanimous in civil cases.

"I intend to appeal," Renteria said. "The next step is the appellate court. This isn't over yet."

Renteria has said Alvarez had a few beers at his Crows Landing home and three large drinks at a New Year's Eve 2005 party on the night of the drowning. His 0.26 percent blood-alcohol level was more than three times the amount considered too drunk to drive in California.

His 20-year-old daughter, Briza Alvarez, was behind the wheel of the 2001 Kia Rio that was swept into the creek. Renteria described in his opening statement how she and her father, both nonswimmers, exited the swamped car and tumbled two-tenths of a mile downstream.

Cold, swift water

She clung to a bush and tried to keep the man afloat. Alerted by a cell phone call, her mother and 16-year-old brother arrived on the scene.

Alvarez's son nearly succumbed while swimming toward his father and sister in the creek, Renteria said. The children were unable to keep the 41-year-old man's head above water in the ensuing 30 to 45 minutes, and he drowned.

Hedgepeth argued the county's failure to post the barricades did not cause Alvarez's death. He said his death was a result of his own use of alcohol, which prevented Alvarez from getting himself to safety.

Renteria countered by saying alcohol has nothing to do with Alvarez's death because any sober person would be in danger of drowning had they been in that freezing, dark, swift-moving water.

Bee staff writer Rosalio Ahumada can be reached at rahumada@modbee.com or (209) 578-2394.

This story was originally published April 14, 2011 at 11:08 PM with the headline "Jurors find in favor of Stanislaus County in drowning case."