DRIVER'S FAMILY FILES SUIT IN DEATH OTHER MOTORIST ALREADY CHARGED.Byline: KAREN MAESHIRO Staff Writer LANCASTER -- The family of a Palmdale woman killed in a head-on collision A head-on collision is one where the front ends of two ships, trains, planes or vehicles hit each other, as opposed to a side-collision or rear-end collision. Rail transport With rail, a head-on collision often implies a collision on a single line railway. with a suspected wrong-way drunken driver -- a Lancaster bar waitress with a prior drunk driving conviction -- has filed a wrongful death The taking of the life of an individual resulting from the willful or negligent act of another person or persons. If a person is killed because of the wrongful conduct of a person or persons, the decedent's heirs and other beneficiaries may file a wrongful death action lawsuit against the woman. Anna Hernandez, 33, had a blood-alcohol level of 0.21 percent, more than 2 1/2 times the 0.08 percent limit at which a person is considered drunk, when she drove the wrong way on the Antelope Valley This article is about the Los Angeles County region. For the census-designated place in Wyoming, see Antelope Valley-Crestview, Wyoming. The Antelope Valley (14) Freeway and collided with a car driven by 66-year-old Emma Smolinsky in December 2004. ``(The) defendant drove under the influence of alcohol, causing the death of Emma Smolinsky,'' the lawsuit said. ``The defendant from past drunk driving and schooling was aware that her drinking could cause the death of another.'' Smolinsky's four children filed the lawsuit in Antelope Valley Superior Court, and the defendants included Hernandez and a woman whose vehicle Hernandez was driving in the early morning Dec.3 crash. Hernandez has pleaded not guilty to charges of second-degree murder and gross vehicular manslaughter vehicular manslaughter n. the crime of causing the death of a human being due to illegal driving of an automobile, including gross negligence, drunk driving, reckless driving, or speeding. while intoxicated in·tox·i·cate v. in·tox·i·cat·ed, in·tox·i·cat·ing, in·tox·i·cates v.tr. 1. To stupefy or excite by the action of a chemical substance such as alcohol. 2. and is awaiting trial. She was being held in lieu of $1 million bail. Hernandez had a 2003 misdemeanor driving under the influence conviction in Van Nuys. Hernandez's attorney, through his office, declined to comment. The collision occurred south of Vista Point about 3 a.m. Hernandez was coming from work at a bar and restaurant in Palmdale, and Smolinsky was heading to her job at a packing company in Los Angeles, prosecutors said. Hernandez was driving a Honda Passport; Smolinsky was in a Nissan Sentra. Prosecutors said Hernandez got on the freeway going the wrong way at Angeles Forest Highway The Angeles Forest Highway traverses the Angeles National Forest and connects the Los Angeles basin to the Antelope Valley by going up and over the San Gabriel Mountains. The highway is variously known as County Road N-3 or FH-59 or the Palmdale cutoff. It is about 25 miles long. and headed north in the southbound lanes. Smolinsky suffered critical injuries and was taken by helicopter to Providence Holy Cross Medical Center Providence Holy Cross Medical Center is a hospital in Mission Hills, California, USA. The hospital has 254 beds, and is part of Providence Health & Services. History in Mission Hills, where she died about five hours later. Hernandez suffered major injuries and was taken to a hospital. karen.maeshiro@dailynews.com (661) 267-5744 |
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