Wrongful death lawsuit filed after San Jose man killed by garbage truck
SAN JOSE, Calif. (KRON) — Silvino Eloy Garcia was on a daily morning exercise walk around his San Jose neighborhood January 22 when he was run over by a garbage truck. Garcia never made it across McKendrie Street because the garbage truck “rolled through a stop sign” and failed to yield to the pedestrian, a newly-filed lawsuit states.
Garcia passed away from his injuries four day later at Santa Clara Valley Medical Center.
Attorneys representing the victim and his family filed a wrongful death lawsuit in court last week accusing the garbage truck’s company, Greenwaste Recovery, of negligence.
Greenwaste Recovery’s truck failed to stop before it crashed into Garcia’s back, knocked him to the ground, and drove over his body, according to the lawsuit.
A neighbor’s Ring doorbell security camera recorded “the entire tragedy and shows the truck rolling through the stop sign,” attorney Mark Boskovich said. “My client was several steps into the intersection and was crossing safely and legally.”
The San Jose Police Department said the truck was turning from Elm Street onto McKendrie Street when it hit the pedestrian in an unmarked crosswalk. The driver stayed at the scene and cooperated with the investigation, police said.
The lawsuit claims the garbage company was responsible for the tragedy because it “carelessly owned, maintained, inspected, serviced, repaired, entrusted, operated, (and) managed” its trucks.
The Garcia family are longtime San Jose residents. He and his wife operated a small business together for 17 years. Their daughter was a Presentation High School student and their son attended Bellarmine High School.
A GreenWaste spokesperson sent a statement to KRON4 on Tuesday, writing, “Our deepest sympathies are extended to the loved ones of the deceased. While we do not comment on ongoing litigation, we want to assure the public, our customers, and our employees that their safety is of the utmost importance to the GreenWaste team.”
The lawsuit demands unspecific monetary compensation to pay for funeral expenses, loss of income, medical bills, and loss of companionship for his family.
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