The adult children of the couple killed in October after being hit by a car while they were walking along a street in Pismo Beach have sued the driver and his mother, who owned the car.
Stephanie Theophilus and Dennis Mallin, residents of the state of Washington, filed a lawsuit Jan. 20 in San Luis Obispo Superior Court against Jerardo Iriarte and his mother, Martha Iriarte.
The lawsuit claims that Jerardo Iriarte, a 19-year-old Oceano resident, was acting negligently when he veered off Highway 101, went down an embankment and struck and killed Bruce and Marjorie Mallin, of Washington state, who were walking along Price Street on Oct. 16.
Jerardo Iriarte had been trying to reunite with his ex-girlfriend minutes before the wreck, according to police. He faces separate criminal charges of vehicular manslaughter with gross negligence to which he has pleaded not guilty.
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Martha Iriarte owned the car and her son was operating the vehicle with her permission and that’s why she’s named as a defendant in the lawsuit, according to the plaintiffs.
A lawsuit represents only one side of the story.