Justice for the Pinay victims of the limo fire

ON MAY 4, what was supposed to be an evening of celebration for newly-wed Filipina nurse, Neriza Fojas and her eight best friends (who were also mostly nurses) turned into a horrific tragedy.
Enroute to Crowne Plaza Hotel in Foster City for her bridal party, the stretch limousine they were riding suddenly burst into flames along San Mateo Bridge.
Fojas, her maid-of-honor, Michelle Estrera, Anna Alcantara, Felomina Geronga, and Jennifer Balon died in the incident.
The 4 survivors were badly injured, while the driver. Orwell Brown, was able to escape unscathed.
The driver of the 1999 stretch Lincoln Town Car was the first one to get off the car, unhurt.
In a television interview, Brown said he believes that the fire was caused by electrical failure.
Survivors reportedly said they could not get out of the car because the passenger doors were locked.
Some of those who survived the fire, sustained bruises and burns as they tried to squeeze through the small window partition between the driver’s area and the passengers’ area, to escape. The 5 who died did not make it in time.
Of the 4 survivors, Nelia Arellano spoke about their experience with the limo driver. Arellano tearfully recounted in a television interview how she was knocking on the partition that separated them from the driver.
“He didn’t want to listen, I told him there is smoke, and the fire came out. There is already a fire. Stop the car! Stop the car! When he stopped the car, he got out from the car — he just got out from the car. He just opened the door, that’s all he did,” Arellano told San Francisco’s KGO.
In an interview with CNN, the driver of the limousine said he was not quite sure what his passengers were trying to say. He thought they were asking him if they could smoke. When he finally stopped the car, it was too late.
Since the time the accident happened, Balitang America has been following the development of the investigation. The Filipino Channel has also aired the heartbreaking stories of the victims and their bereaved families.
As our North America Correspondent Henni Espinosa reported, survivors Mary Grace Guardiano and Nelia Arellano have both been discharged from Stanford Medical Center. Jasmine De Guia and Amalia Loyola are both in fair condition at the Santa Clara Valley Medical Center.
Meantime, the Philippine Embassy and its consular office in San Francisco have offered to extend any possible assistance to the victims and their families, including the processing of passports for those going home to the Philippines.
Consul General Marciano Paynor said some Filipino organizations have also expressed intentions to raise funds for the victims.
In Alameda, the grieving husband of the deceased Geronga said that Kaiser Permanente Medical Center in Oakland (where his wife worked as medical technician) has also reached out to them for assistance.
Sa katunayan, siya ang nagtrabaho ng full-time. Ako ang nag-aalaga ng mga bata. Sa ngayon, wala kaming health insurance.” Aldrin said on Balitang America.
More than losing a breadwinner, Aldrin told Espinosa that what hurt most for him and his two children is losing the most wonderful person in their lives.
Balon’s husband, John told Balitang America, “I just want to know what happened. I have that question in my mind, what really happened.”
John also told Henni Espinosa that if the investigators conclude that the limo company, Limo Stop, was at fault for the fire, he may sue them for damages, for his children’s sake.
“We had plans of sending them to college. We need funds for the children,” he said.
Rodel Rodis, legal counsel of the Philippine Nurses Association of Northern California, said that the group is discussing ways to help their fellow nurses.
Lawyer Arnedo Valera, legal counsel of the  Philippine Nurses Association of America (PNAA) and co-executive director of Migrant Heritage Commission, said it is possible to pursue a case of wrongful death against the limousine company and the manufacturer.
“Almost certainly there will be a wrongful death cause of action for the limousine mishap. As there is a carrier contract, there is an enhancedstandard of care which is required under the circumstances,” Valera said.
“If there is evidence of manufacturing defect, then there is also probably a wrongful death cause of action under a products liability theory.  The evidence will point the way as to which theory of liability is suitable. Hence, it is possible to pursue the case against the Limousine Company and the Limousine Manufacturer in the wrongful death claim,” Valera explained.
Valera added that depending on the outcome of the investigation, there is also a possibility of a criminal case of involuntary manslaughter on the part of Brown, who should have been aware of what was going on inside the limousine.
The wrongful death action with damages based on negligence and product liability of the manufacturer is a civil case, explained Valera.
He offered legal assistance to the families of the victims through the Legal Resources Program of the MHC and is set to talk to them within the week.
“It is indeed very sad that this tragedy happened during [the celebration of] Nurses Week,” he lamented.
We pray and hope that justice will be served for these nurses and their families.

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Gel Santos Relos is the anchor of TFC’s “Balitang America.” Views and opinions expressed by the author in this column are are solely those of the author and not of Asian Journal and ABS-CBN-TFC. For comments, go to www.TheFil-AmPerspective.com, https://www.facebook.com/Gel.Santos.Relos

Gel Santos Relos

Gel Santos Relos is the anchor of TFC’s “Balitang America.” Views and opinions expressed by the author in this column are solely those of the author and not of Asian Journal and ABS-CBN-TFC. For comments, go to www.TheFil-AmPerspective.com and www.facebook.com/Gel.Santos.Relos

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