Gardner vs. Mozena, et al.

10.30.2003

This wrongful death case ended in a defense verdict. The case involved the death of an 11-year-old boy who was killed while riding a skateboard on his back (commonly referred to "street luging"). The accident happened as the decedent was traveling through a Rite Aid parking lot in El Segundo. The decedent rolled under the rear tires of the vehicle driven by the defendant, Charles Mozena. The decedent's parents, Gary and Lupe Gardner, brought the action claiming that Mozena was negligent in driving his vehicle and that he should have observed the boy prior to the impact. plaintiffs' asked the jury to award $10,000,000. After a two-and-a-half-week trial, the jury returned a 12-0 verdict for Mozena finding that he was not negligent.