Enjuris Blog | Find Answers and Share Your Accident's Story

Finding answers after your accident

24/7 Free Consult   (800) 734-4134    
  • Find a Lawyer
  • Accident Resources
    • Personal Injury Law
      • You’ve been hurt. Now what?
      • Do I have a claim?
      • Finding the best attorney to represent you
      • Dealing with Insurance
      • Laws by State
      • View all
    • Accident Types
      • Car accident
      • Truck Accident
      • Workplace injury
      • Wrongful death
      • View all
    • Workers’ Comp
      • Common work injuries
      • Finding the best workers’ comp lawyers
      • How workers’ comp benefits work
      • Personal injury vs. workers’ compensation
      • View all
    • Injury Guides
      • Spinal Cord/Column
      • Brain Injury
      • Occupational injuries
      • Whiplash
      • View all
    • More
      • Blog
      • Tell Your Story
      • Forms and Worksheets
      • Videos
      • For Students
      • About Us
  • Attorney Marketing
    • Become a partner
    • Enjuris Excellence badge
Home > Blog > California > Parents of Torrance Teen Killed in a Car Crash Reach a $6.5 Million Settlement With Los Angeles County

California car crashes: do you need an attorney?

Irvine, California car accidents and liability laws
What you should know if you are involved in a crash in Orange County or elsewhere in Los Angeles

Irvine is a great city, with universities, tourism, technology… but sometimes accidents happen. Here’s what you should know if you’re in an Irvine car accident.

Learn more

Parents of Torrance Teen Killed in a Car Crash Reach a $6.5 Million Settlement With Los Angeles County

Contributor: Taylor Henderson How can I contribute?

Los Angeles County sued for teenager’s death

The parents of a teen who was killed in a car crash in Los Angeles have reached a $6.5 million settlement with Los Angeles County.

Let’s take a look at what went wrong and when counties can be held liable for car accidents.

What happened?

On March 7, 2017, Tung Ming, a resident of Rancho Palos Verdes, was driving northbound on Crenshaw Boulevard in Los Angeles when Darryl Hicks, a resident of Los Angeles, made an illegal U-turn and struck Ming’s vehicle.

Instead of pulling to the side of the road and exchanging information as required under California law, Hicks fled the scene.

Ming immediately made the fateful decision to follow Hicks’s Audi A6. While following the car along Crenshaw Boulevard, Ming called 9-1-1 to report the incident. The 9-1-1 operator, Jessica Lynn Linsay, instructed Ming to get Hicks’s license plate number.

Ming drove faster.

In the meantime, Jesse Esphorst Jr. and his father were driving home from a baseball game. As they passed through a green light at the intersection of Crenshaw Boulevard and Crest Road, their minivan was struck by Hicks and then by Ming—both of whom had run a red light going nearly 80 mph.

Jesse died of his injuries shortly after the crash. Jesse’s father suffered serious injuries but survived.

Ming was sentenced to more than 2 years in state prison for gross vehicular manslaughter and reckless driving. Hicks was sentenced to an 11-year prison term.

Who was Jesse Esphorst?

Jesse’s parents and sisters described the 16-year-old sophomore at South Torrance High School as a “kind, loving teenager.” He was a talented baseball player who had received inquiries from college and professional scouts. Just hours before the crash, Jesse had hit a home run to help his varsity team clinch a victory.

Civil lawsuit

Julie and Jesse Esphorst, the parents of Jesse Esphorst Jr., filed a wrongful death lawsuit against Los Angeles County, the California Department of Transportation, and others.

Los Angeles County was named in the suit because the parents alleged that the actions of the government-employed 9-1-1 operator contributed to the crash.

More specifically, the lawsuit alleged that the operator, who spoke to Ming for more than 1 minute on the phone, failed to tell Ming to pull over and stop the pursuit. Instead, the operator encouraged Ming to obtain Hicks’s license plate number.

According to the lawsuit:

“[9-1-1 operators] are trained, instructed, and mandated to never instruct a caller to pursue a suspect, exceed the posted speed limit, operate a motor vehicle while on a cellphone, or take any action that would unnecessarily endanger the health and safety of the caller and/or the general public.”

The lawsuit further alleged that the defective condition of the road contributed to the crash. Specifically, the intersection had a blind curve and was undergoing roadwork at the time of the crash, creating a “chaotic traffic situation, significant risk, and an undiscovered trap for motorists.”

What’s the difference between criminal charges and a civil lawsuit?

When a person is arrested and charged with a crime, they are brought to a criminal court where the government, on behalf of the people of the United States, prosecutes the case. The goal of a criminal court is to punish criminals through fines or jail time.

When a person sues another person for damages, they do so in a civil court. The goal of a civil court is to compensate the plaintiff for any injuries they suffered as a result of the defendant’s actions or inactions.

A car accident lawsuit can be tried in a civil court even if no criminal charges are filed against the defendant. What’s more, because civil suits use a “preponderance of the evidence” standard, which is less stringent than the criminal “beyond a reasonable doubt” standard, victims of a car crash can recover civil damages even if the criminal court declares the defendant innocent of the crime.

Litigation and settlement

Lawyers representing Los Angeles County attempted to have Jesse’s parents’ lawsuit dismissed by arguing that the 9-1-1 operator enjoyed immunity as a law enforcement officer acting within the scope of her duties.

In response, the Esphorsts’ attorney argued that immunity does not apply when a government employee acts in a “grossly negligent manner.” In other words, the dispatcher’s conduct was an extreme departure from ordinary police practices, and, therefore, immunity doesn’t apply.

The judge sided with the Esphorsts’ attorney.

On April 20, 2022, Los Angeles County settled the civil lawsuit for $6.5 million.

When can you sue a municipality or local government for a car crash?

Sovereign immunity is a legal doctrine that prevents state governments, local governments, municipalities, political subdivisions, and their employees from being sued without their consent.

For example, if a state employee (such as a California Department of Transportation worker) causes a car accident while on the job, the doctrine of sovereign immunity may prevent any injured parties from suing the state employee or their employer.

The idea behind sovereign immunity is that governments wouldn’t be able to function if they faced potential liability for all the actions of their employees.

In California, sovereign immunity only applies in a handful of situations.

For example, emergency rescue personnel in California are immune from liability for injuries caused by actions taken within the scope of their employment, but only if the actions weren’t grossly negligent.

Even when sovereign immunity doesn’t apply, there are certain hoops a plaintiff must jump through when suing the government. For example, in California, plaintiffs must file a notice that meets the requirements of the California Tort Claims Act. If a plaintiff doesn’t file the notice within the required time period, they may be barred from filing their lawsuit.

The bottom line is that hiring an experienced California personal injury attorney is a good idea if you’re thinking about suing a municipality or local government.

About MVP Accident Attorneys

author photo Taylor Henderson Irvine personal injury law firm MVP Accident Attorneys advocates for injured clients to recover compensation for losses from California car accidents, slip-and-fall accidents, brain injuries, spinal cord injuries, and other personal injuries. Our team will work tirelessly for you, whether it’s recovering economic damages like costs for medical treatment, non-economic damages for outcomes like emotional trauma, or even punitive damages. MVP Accident Attorneys is the official law firm of the LA Galaxy. Visit the firm’s Enjuris profile and website to get in touch.

Leave a Comment Cancel reply

Required fields are marked *. While our editors carefully moderate all comments, Enjuris cannot guarantee the authenticity or accuracy of the information contained in the post. Such information should not be used as a substitute for obtaining legal advice from a professional. We always recommend consulting with an attorney or other legal professional if you require legal advice. Also, know that any information you provide in your comment may be published on our website, so please avoid sharing any confidential, private or personal information that you don’t want to be made public. Lastly, we will not publish any comments that we determine are promotional, hateful or inappropriate.

GET HELP NOW
MVP Accident Attorneys
MVP Accident Attorneys We are the MVP’s of California personal injury
Serving Irvine and the state of California
FREE CONSULTATION (949) 942 1050 Specialty: Car accident and wrongful death

Categories

  • News Stories
  • My Accident Story
  • Resources You'll Love
  • Questions & Answers

In Your State

AZ CA CO FL GA IN MT NC SC TN TX

Attorney Authors
Enjuris Partners

AL attorney Steve Altmann

Steve Altmann
Nomberg Law Firm, AL

Denver accident lawyer Mack Babcock

Mack Babcock
The Babcock Law Firm, CO

Texas personal injury and wrongful death lawyer Laura Brown

Laura Brown
Brown Trial Firm, TX

Attorney Mark Chappell

Mark Chappell
Chappell, Smith & Arden, SC

Neal Davis

Neal Davis
Neal Davis Law Firm, TX

Atlanta workers’ compensation attorney

Natalie Elkins
Gerber & Holder Law, GA

Roger Finderson

Roger Finderson
Finderson Law, IN

Ben Gerber

Ben Gerber
Gerber & Holder Law, GA

Chris Gilreath

Chris Gilreath
Gilreath & Associates, TN

Attorney Taylor Henderson

Taylor Henderson
Sachs Law, CA

Award-winning Atlanta workers’ compensation attorney

Thomas Holder
Gerber & Holder Law, GA

George Lorenzo

George Lorenzo
Lorenzo & Lorenzo, FL

Matt Murphy

Matt Murphy
Murphy Law Firm, MT

Tom Murphy

Tom Murphy
Murphy Law Firm, MT

Bernard Nomberg

Bernard Nomberg
Nomberg Law Firm, AL

David Nomberg

David Nomberg
Nomberg Law Firm, AL

Annemarie Pantazis

Annemarie Pantazis
Wilder Pantazis Law Group, NC

Brett Sachs, California accident attorney

Brett Sachs
Sachs Law, CA

Chelsee Sachs, California accident attorney

Chelsee Sachs
Sachs Law, CA

Charla K. Tadlock, Montana personal injury and workers' compensation attorney

Charla K. Tadlock
Murphy Law Firm, MT

Stephanie Tucker, Denver, CO workers' compensation attorney

Stephanie Tucker
The Babcock Law Firm, CO

Attorney Beau Wilder

Beau Wilder
Wilder Pantazis Law Group, NC

Wilder Pantazis Law Group

Rob Wilder
Wilder Pantazis Law Group, NC

Robert E. Wisniewski

Robert E. Wisniewski
Law Offices of Robert E. Wisniewski, AZ

Contributors

  • Terry Bryant
  • Jason Chalik
  • Daniel Clancy
  • Jacob Emrani
  • John Foy
  • Edward Friedman
  • Bert Louthian
  • Joseph Markey
  • Jim Parrish
  • Isaias Valencia
  • Steven G Wigrizer
  • Doug Zanes

Free E-Books

car accident e-book

I've been in a car accident I've been in a truck accident

truck accident e-book

What happens now?

What is Enjuris®?

A collection of resources to help people at a tough time in their lives. A place to share your story. A national directory of injury lawyers. Supporter of students, families, caregivers and our communities. How can I contribute?


Hire the right lawyer (800) 734-4134

Lawyer Directory
Car accident attorneys
Defective product attorneys
Personal injury attorneys
Medical malpractice attorneys
Wrongful death attorneys
Workers' compensation attorneys

Enjuris Partner Accident & Injury Lawyers

Gainesville, FL Personal Injury Attorneys
Tampa Personal Injury Attorneys
Lorenzo & Lorenzo (Tampa, Florida)
Finderson Law (Fort Wayne, Indiana)
Wilder Pantazis Law Group (Charlotte, North Carolina)
Brown Trial Firm (Waco, Texas)
The Babcock Law Firm (Denver, Colorado)
Gerber & Holder Law (Atlanta, Georgia)
Law Offices of Robert E. Wisniewski (Phoenix, Arizona)
Murphy Law Firm (Great Falls, Montana)


Law students

Enjuris' Student Center is a resource for all pre-law college students and current law students. Learn how to get ahead in your studies and the career field, as well be a guest contributor to our blog and apply for one of our scholarships.


Partner with us

If your goal is to help people after an accident or injury – or to prevent them in the first place – we'd love to hear from you! We look to work with educators, healthcare and recovery organizations, insurance providers, law firms and other organizations. Get in touch to see how we can work together. Learn more...


Are you a personal injury lawyer?

Login Add your Firm Lawyer online marketing Free resources for attorneys Attorney / SEOs newsletter signup

Contact us today to get involved.
Services for attorneys
Personal Injury Law Firms Directory
Directory guidelines
Law firm SEO quote
Terms of Use


Twitter Facebook LinkedIn YouTube Blog Blog feed

SEO Advantage®, Inc.    SEOLegal Division, Lawyer Marketing    3690 West Gandy Blvd., Suite 444    Tampa, FL 33611    Contact us today

Enjuris is a platform dedicated to helping people who are dealing with life-altering accidents and injuries. We support students, families, caregivers and communities with resources, personal stories and a national directory of injury lawyers. Read more about Enjuris.


Copyright © 2022 Enjuris.com. All rights reserved. Terms and conditions The accuracy, completeness, adequacy or currency of the content is not warranted or guaranteed. Our site and services are not substitutes for the advices or services of an attorney. We recommend you consult a lawyer or other appropriate professional if you want legal advice. Privacy policy.

SEOLegal.com

Attention attorneys
and SEO firms
  • Make Enjuris work for your law firm
  • Exclusive offers & discounts
  • Content contribution opportunities