SANTA CRUZ — The truck driver who backed over and killed a coworker as they cleared a mudslide on Highway 17 last year was under the influence of methadone at the time and should not have been driving, according to a lawsuit filed Jan. 17 in Santa Cruz County Superior Court.
It is illegal to operate a motor vehicle while taking the drug, which is prescribed to treat heroin addicts, according to California Highway Patrol officer Trista Drake.
Robert “Bobby” Gill’s wife Sandra Gill and son Robert Gill Jr. are suing for an unspecified amount of damages, which includes emotional distress and the loss of Gill’s lifetime earning potential.
“One’s life is priceless,” said Timothy McMahon, a San Jose-based attorney who filed the suit. “It’s based on what the jury decides.”
McMahon said the trial could take as long as two years. He has not yet begun taking depositions.
The lawsuit names Watsonville-based Hildebrand and Sons Trucking, Barrett Business Services, Inc., Statewide Traffic Safety and Signs, Inc., Caltrans and the California Highway Patrol.
It also names the truck driver, Daniel Harrington, who was working for Hildebrand.
Gill was 54 when a dump truck backed over him as he worked to clear a mudslide on Highway 17 on Feb. 9, 2017. He died shortly after that.
Gill was working for Graniterock, which hired Hildebrand to help clear debris from a mudslide just north of Jarvis Road.
Graniterock is not named in the lawsuit.
According to the suit, Harrington was backing up in a 3-axle dump truck when he felt a bump, and heard yelling.
Harrington got out of the truck and saw Gill lying on the ground, cradled in the arms of his son, who was also working the job site. Harrington then heard yelling from under the truck and saw another man pinned under the truck’s rear axle. The second man was taken to the hospital.
A subsequent investigation by the California Department of Occupational Safety found that Hildebrand “acted in violation of multiple state workplace safety rules and regulations.”
In addition, the company did not adequately train its employees in safety procedures for maneuvering their vehicles, the lawsuit says.
The lawsuit also says that Caltrans did not adequately provide a safe space for trucks to turn around and maneuver safely, and that there was nothing at the scene to warn pedestrians when trucks were moving.
According to the filing, Harrington was addicted to narcotic drugs, and consumed at least 10 milligrams of methadone three times per day.
“…and therefore was always under the influence of methadone while he operated a commercial vehicle for defendants Hildebrand and BBSI,” the lawsuit reads.
The suit further alleges that Hildebrand and the other defendants “failed or refused to properly test its employees” as required by state law.
Representatives from Caltrans and CHP declined to comment, citing pending litigation.
Hildebrand did not return two calls for comment. Attempts to reach Harrington were unsuccessful.
The case is not the first time Hildebrand was involved in a fatal collision. In 2008, a truck carrying 7,800 pounds of sand killed a bicyclist at an intersection near UC Santa Cruz.
Graniterock spokeswoman Shanna Crigger said that the company continues to mourn Gill. She praised Caltrans for dedicating part of Highway 17 to him.
“We hope the sign, located at the crash site, serves as a lasting memory of Bobby and his hard work to make this highway safer for all drivers,” Crigger said.
All parties are due in Santa Cruz County Court on May 22 at 8:30 a.m. for a case management conference.
