Wrongful death suit brought on behalf of twin girls whose parents were killed in street racing crash in Redwood City

The twins, Madison and Olivia Ammen, survived after being pulled from the vehicle by onlookers. They suffered minor injuries.

According to the complaint filed in the lawsuit, two residents of San Mateo County, Cesar Salto Morales, 18, and Kyle Harrison, 23, were allegedly racing each other down El Camino Real in Redwood City, a busy street with a speed limit of 35 mph, leading to the crash.

When they pulled up to the same traffic light, Morales, who did not know Harrison, challenged Harrison to a race as the two revved their engines back and forth, according to Harrison’s account to law enforcement, the complaint states. Passengers in Morales’ car, identified in the complaint as E.S. and J.M., shouted at Harrison to provoke him to race while a passenger in Harrison’s car yelled at Morales to “blow the light.”

As the light turned green, the two cars accelerated at a speed of approximately 75 mph to 80 mph, according to witness accounts. Morales struck the front passenger side of the Ammens’ car as they approached the same intersection, launching their car over 100 feet.

“Every vehicle is a lethal weapon if you drive it incorrectly. It doesn’t matter if it’s a Camry or a race car,” said Michael Ammen, the twins’ uncle, who is bringing the lawsuit against Morales, Harrison, minor passengers E.S. and J.M., as well as Morales’ parents. Neither attorney for either Morales or Harrison returned requests for comment.

Morales’ parents, the lawsuit alleged, were aware of their son’s “proclivity for reckless driving.” Niall McCarthy, an attorney representing Madison and Olivia Ammen, noted the parents owned and paid for changes to be made to Morales’ silver 2005 Mercedes Benz E55 that made the car faster and louder.

Since the parents allegedly allowed him to drive on the night of the crash despite this knowledge, Michael Ammen is suing them for negligent entrustment.

“When you have a tragic event like this, there’s a number of people who could have prevented it including the parents and the passengers in the car,” McCarthy said. “They had people looking the other way but also actively encouraging the behavior and all of that led to the death of the Ammens.”

Michael Ammen is seeking compensatory and general damages against the defendants as well as any damages allowable under the wrongful death statute and relief for past and future medical, incidental, household and service expenses on behalf of the twins. He is also pursuing relief for attorney’s fees if the defendants are convicted of a felony.

Their criminal case is still pending in San Mateo County Superior Court. Both are charged with second-degree murder as opposed to vehicular manslaughter because the racing aspect is reckless and those types of actions show a disregard for life, San Mateo County District Attorney Steve Wagstaffe previously said.

Morales, who was 17 at the time of the incident, appeared in juvenile court on Thursday, May 25, but the case was continued to June 29 so prosecutors, the defense and the judge can review the Juvenile Court’s probation report before proceeding, Wagstaffe said. Harrison is due back in court on July 6.

If Morales’ case is transferred to adult court, both drivers could face 15 years to life in prison. However, if Morales’ case remains in juvenile court he can be held in Juvenile Hall until he is 25 years old, which would be seven years. Both Morales and Harrison are in custody on no-bail status.

The process of going through the lawsuit has been “painful as anything else dealing with this tragedy,” Michael Ammen said.

“It’s something we have to relive every day whether we want to or not,” he said. “There are days where we’re dealing with the lawsuit and reliving it and there are days where we are trying to get on with our lives and having to relive it.”

Above all, Michael Ammen said he hopes that this lawsuit can help prevent more crashes from reckless driving from occurring.

This case sheds light on the growing problem of street racing in California, said McCarthy with the law firm Cotchett, Pitre & McCarthy.

“This case arises from a brutal indifference to human life,” McCarthy said in a press release. “The Bay Area has an epidemic of people who gamble with the lives of others by street racing.”

According to a 2022 press release from the California Highway Patrol, there was an increase in the number of incidents that occurred due to unsafe driving behaviors, including street racing. In the period between January 2021 and September 2022, the CHP issued over 40,000 citations to motorists exceeding 100 mph.

Last month, the CHP launched a campaign called “Thrills that Kill,” which is part of an effort to end illegal street racing and sideshows. Over the course of five years, the CHP reported, there were 264 crashes — including 30 fatal and 124 resulting in injuries — linked with street racing and sideshows.

“If we can prevent another accident like this and get parents to speak to their teenage drivers about the dangers of getting behind the wheel, that’s really our goal,” Michael Ammen said.