Two lawsuits filed in fatal crash - Los Angeles Times
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Two lawsuits filed in fatal crash

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Parents of three teenage girls who died in a fiery Memorial Day crash last year in Newport Beach have filed wrongful-death lawsuits against the driver’s family and the city.

Reckless speeding by a young, unsupervised driver and unsafe conditions along Jamboree Road led to the deaths of Cecilia Zamora, 17, and sisters Robin Cabrera, 17, and Aurora Cabrera, 16, according to the lawsuits.

The girls were riding in the back seat of a 2008 Infiniti G35 that spun out of control, hit a tree and was sheared in half, killing them, the 17-year-old driver, Abdulrahman Alyahyan, and a fourth passenger, Nozad Al Hamawendi, 17.

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All five were from Irvine.

On May 27, a lawyer for Zamora’s mother, Maria Balbuena, filed the first wrongful-death lawsuit, accusing Alyahyan of negligence and blaming his family for letting him get behind the wheel.

One witness estimated that the Infiniti was traveling at least 100 mph when Alyahyan lost control, according to a police report.

Alyahyan’s guardians knew he had “careless, reckless, violent and reckless driving propensities,” according to the lawsuit.

He was driving on an expired provisional license at the time of the crash, according to the California Department of Motor Vehicles.

A lawyer for the Cabrera sisters’ father, Rubendario Cabrera, filed a second lawsuit June 3 with similar allegations against Alyahyan’s estate and father.

Both lawsuits also name Newport Beach.

They argue that the city did not provide enough space along Jamboree for an out-of-control car to stop before hitting the median and that the city should have installed safety barriers around trees planted there.

Newport Beach City Atty. Aaron Harp said the crash was tragic but argued his employer isn’t to blame because “this accident wasn’t caused by the roadway design but was caused by the unsafe operation of the vehicle, including excessive speed.”

The lawsuits seek unspecified damages, but last year, the two families each filed legal claims against Newport Beach for $20 million, including $30,000 for funeral costs.

In December, Newport Beach denied the claims, which must be filed as a precursor to a lawsuit.

The family of the fourth passenger in the crash also filed a $10-million claim against Newport Beach but decided not to follow up with a lawsuit when it was denied.

“They all passed away. What’s the point of suing anybody,” said Haider Al Hamawendi, the 19-year-old brother of Nozad Al Hamawendi.

He said Alyahyan, the Infiniti’s driver, was a friend of his and his brother’s.

“I know that my brother wouldn’t like me suing his best friend,” Haider said.

When reached by phone Thursday, Haider was surprised that other families who lost loved ones in the crash decided to litigate.

“I wasn’t expecting that because at the beginning they didn’t have the intention of suing anyone,” he said.

Rubendario Cabrera, Balbuena and Alyahyan’s family either declined to comment or could not be reached.

“I don’t really want to talk about it,” Balbuena said. “It’s a really sensitive subject to talk about.”

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