Victim’s family sues truck drivers in fatal crash

Lawsuit alleges men distracted by cellphones

SAN JOSE— The family of a young San Jose woman who died in a horrific crash where she was pinned underneath a delivery truck in Willow Glen has filed a lawsuit against both drivers and their employers, alleging they were distracted by their cellphones before the crash.

Erin Altadonna filed the lawsuit Monday on behalf of her 2- year- old granddaughter Olivia Cypriano, whose mother Shayla Cypriano died June 13 while riding her bike to work. A delivery truck and a dump truck collided at the intersection of Lincoln and Auzerais avenues, causing the delivery truck to topple on its side, onto Cypriano.

The San Jose Police Department is still investigating the fatal collision and has not publicly released any of its findings.

The companies named in the complaint are Aramark Corp. and Old Time Coffee Co., located on Auzerais near the scene of the collision, and Pacific Surfacing. The complaint alleges Old Time Coffee Co. is owned by Aramark.

Both companies declined Wednesday to comment on the suit.

In the lawsuit, Altadonna alleges Edgardo Jesus Solorzano, an employee of the Old Time Coffee Co., was driving a company Chevrolet van and was distracted by his cellphone when he drove through a red light at the intersection of Auzerais and Lincoln avenues.

The complaint alleges the driver of the Kenworth truck, an employee of Pacific Surfacing, was also distracted by his cellphone and “neglected to see the Chevrolet van entering the intersection from his left before entering” himself.

“We’ve got cell phone usage on both ends which we believe contributed to the accident,” said attorney Robert Allard, Altadonna’s attorney.

Relatives say Cypriano, 23, struggled during her youth, bouncing from one foster home to another. She eventually earned her high school equivalency, found a job and was moving toward her dream of providing a happy and stable life for her 2- year- old daughter.

Cypriano was riding her bike to her new job at a pet grooming shop when she was killed.

“She had a tough road and she struggled to get started, but she did it. She did it, “Altadonna, 43, told this newspaper after the death. “She got her GED. She was moving forward. I was so proud of her. That’s why I don’t understand.” Staff writer Robert Salonga contributed to this report. Contact Mark Gomez at 408- 920- 5869. Follow him at Twitter. com/ MarkMgomez.