The Old Town Pasadena pedestrian traffic accident of last Thursday that hospitalized 7-year old Jose Gabriel Dela Rosa, has taken his life according to a Los Angeles Times article. A CBS news report stated that his father, Jose Gabriel Dela Rosa, also hospitalized due to the pedestrian accident, remains in fair condition. According to the CBS report an account has been established to help the family with the medical and burial expenses they have incurred. Anyone wishing to donate can send contributions to:
Jose Gabriel Dela Rosa Fund
c/o Comerica Bank 35 N. Lake Ave.
Suite 120 Pasadena, CA 91101
The accident occurred when a Toyota Corolla crashed into the Dela Rosas after colliding with a Nissan Altima at Colorado Boulevard and Fair Oaks Avenue. Officials are still trying to determine who was responsible.
The Dela Rosas were visiting friends and relatives in California from their native Philippines. They had been here for barely a few hours when the auto vs. pedestrian accident occurred. Even though the Dela Rosas are not U.S. citizens or even residents of California, their mere presences here provides them a bundle of basic rights including full access to our courts.
One of those basic rights is the right to a remedy for their damages, as guaranteed by one of California’s Maxims of Jurisprudence, California Civil Code section 3523, “For every wrong there is a remedy.” The duty of due care that each of us owes to others around us – codified by the California Legislature in the terms of California Civil Code section 1714 [“Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself.”] — extends to all people.
There is no “foreigner” or “visitor” or “immigrant” exclusion to this duty and this responsibility under the law. There is no requirement or restriction that a party to a civil action be a resident or a citizen of the United States in order to protect his/her rights. There are many corporations which are foreign corporations who sue in California courts and are sued in California courts.
In fact, to deny the ability of Jose’s parents to sue for their damages and for Jose’s wrongful death in a California court might deny them any recourse for this horrible loss, because a court system in the Philippines is not likely to have jurisdiction over the claims nor the people who might be legally responsible for these damages.
The injuries these parents have suffered are the same injuries and the damages are the same damages, that any resident or citizen would suffer under these circumstances. And they have the same rights.
The Dela Rosa family would be well served consulting with a skilled California personal injury attorney to become aware of their rights and to get help with the medical and other expenses they will accrue due to this horrible accident. The best law firms will provide a free, confidential, comprehensive consultation.