Gomez vs Xerox – Xerox Pays $5 Million Settlement to Family in Los Angeles Wrongful Death Lawsuit

Jan. 11, 2012 - PRLog -- Los Angeles, California – United States – Thanks to the hard work and dedication of the Orange County based Roberts Law Firm, the Gomez family finally has some closure regarding the death of 63-year-old wife and mother Elvira Gomez, which resulted in a negligent entrustment suit against Xerox Corporation. Driving a company vehicle, Eduardo Delgado, a Xerox employee with a DUI history, struck Mrs. Gomez in April, 2009, as she crossed the street, on her way home from church, resulting in the injuries that caused her death and his third DUI conviction.  

A lawsuit for wrongful death was filed against Xerox Corporation in Los Angeles Superior Court in December, 2009, on behalf of Mrs. Gomez’ surviving adult children and husband.  A settlement of $5 million was obtained from Xerox in November, 2011, by the family’s attorney, Orange County personal injury attorney Jeff Roberts. Family members plan to use their money to seek enactment of a California law requiring businesses with 10 or more employee-drivers to register them in a California DMV program that provides automatic notifications when an employee is convicted of a DUI or similar serious traffic violation.

“Nine years elapsed between the time Delgado got his first DUI and when he used his van to strike Elvira Gomez. In that time, Xerox never took any disciplinary action against Delgado, never suspended his privileges to drive Xerox vehicles, nor did Xerox provide safe driver counseling to Delgado as described in their employee driver manual. In the two years between Delgado's second DUI and the death of Elvira Gomez, Xerox unbelievably kept Delgado employed, provided him with a van to drive, and allowed him to take it home at night,” said Orange County wrongful death attorney Jeff Roberts, as quoted by the Automotive Digest.    

Roberts also pointed out that the situation wasn't just a fluke, or a single oversight.  Delgado isn't the only Xerox employee with a problematic driving record. According to information from SafeRoadsCalifornia.com, Delgado's manager at Xerox also had multiple DUIs. It is this pattern of behavior, demonstrated by a corporation large enough and experienced enough to know better, that made the Gomez family and Roberts Law Firm realize something had to be done to address this matter. Xerox's negligent entrustment resulted in a family’s loss of a dedicated wife and mother. Roberts and the Gomez family have partnered to work towards legislative change to help prevent such negligence.  

"Xerox has confirmed that it never checked Delgado’s motor vehicle records during his 22 years of employment," said Orange County pedestrian accident lawyer Jeff Roberts. If Xerox had bothered to take the simple steps through the Department of Motor Vehicles, the company might have known that, after his second DUI, his license to drive was suspended for a full two years, during which he continued driving for Xerox, using a company vehicle. In fact, at the time of the traffic incident that ended up causing the death of Elvira Gomez, he had not even bothered to resolve his suspension by reapplying for his license.

A settlement for $5 million doesn't change the fact that a family lost a beloved wife and mother, a fact that Orange County personal injury lawyer Jeff Roberts acknowledges. It does, however, make the act of negligent entrustment that resulted in that tragic loss a matter of public record, raising public awareness about the issue and increasing pressure on legislators to make the necessary changes to state law that will help to ensure that other families don't have to suffer the type of loss that the Gomez family did. The Roberts Law firm continues to support the efforts of the Gomez family to help shape public policy regarding employers' responsibility to ensure that their drivers are competent and safe.

For more information, please visit the website http://www.robertslawfirm.net

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Founded in 1998 by attorney Jeff Roberts, The Roberts Law Firm is focused on representing individuals with personal injury claims, including victims of traumatic brain injury, spinal cord injury, wrongful death, car accidents, bus and trucking accidents, motorcycle accidents, pedestrian accidents, and bicycle accidents.