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Family sues over Kau car crash that killed 5

By Associated Press

LAST UPDATED: 10:56 a.m. HST, Oct 16, 2013

HILO » The family of a Naalehu woman killed in a Kau car crash is suing the estate of the deceased other driver.

The Hawaii Tribune-Herald reports the lawsuit was filed Oct. 9 on behalf of Trinidad Ballesteros' children and others.

Ballesteros was driving a pickup Jan. 23 near Mile 54 Highway 11. It was struck head-on by a sedan driven by 73-year-old Donald Ingoglia, a Sacramento, Calif., attorney.

The truck caught fire. Ballesteros and passenger Richard Taylor of Naalehu died at the scene.

The crash also killed Ingoglia, his son and his grandson.

Ingoglia suffered a heart attack before the car crossed the centerline. The lawsuit claims Ingoglia drove too fast and was negligent.

The lawsuit names the trustee of the Ingoglia family trust and Ingoglia's estate executor as defendants.

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Kiyoshi2011 wrote:
Wow! Sue someone cause they had a heart attack and crashed. Anything for money now days I guess. Sigh.....
on October 16,2013 | 10:54AM
nodaddynotthebelt wrote:
My thoughts exactly.
on October 16,2013 | 11:40AM
SteveToo wrote:
on October 16,2013 | 12:44PM
Morimoto wrote:
Okay I know I wasn't there to witness the crash so I can't say for sure if he was driving too fast but I'm not sure how you can be negligent if you have a heart attack. Where's the negligence? He didn't eat enough fruits and vegetables and that contributed to his heart attack? This just sounds like a scheme to financially gain from a tragedy. Although there are execptions, most 73 year olds with their son and grandson in the car don't drive recklessly. I'd like to know how much Ingoglia's estate is worth.
on October 16,2013 | 10:57AM
SteveToo wrote:
Yea but the guy was a lawyer and we all know they are filthy rich.
on October 16,2013 | 12:45PM
kixco wrote:
The Ingoglia family is a wealthy, prominent family in Sacramento, which is why I'm sure the lawsuit was filed. Someone expects a nice settlement, I'm sure. Not sure how there is even a case -- the man had a heart attack! It's not like he was deliberately aiming to kill people in the other car.
on October 16,2013 | 12:45PM
Morimoto wrote:
He was negligent, he didn't eat enough fruits and vegetables and ate too much read meat and not enough exercise which caused him to croak.
on October 16,2013 | 01:30PM
SueH wrote:
I'm sure this lawsuit will never be heard in court. The Ballesteros family probably suspects Ingoglia's estate is worth quite a bit, and therefore filed the lawsuit fully expecting an offer for a hefty monetary out-of-court settlement by Ingolia's attorney just to go away.
on October 16,2013 | 05:05PM
Ulalei wrote:
make a settlement offer of 5 pounds of ice.
on October 16,2013 | 01:57PM
Morimoto wrote:
What kind of ice? The kind you smoke or the kind you put in your soda? I'm guessing the family wants the kind you smoke.
on October 16,2013 | 02:11PM
ryan02 wrote:
Ok, maybe if a doctor had told Ingoglia that he had a serious medical condition and that he shouldn't drive because of it, and he drove anyway, I guess that could be negligence or even recklessness. But if he just happened to have a heart attack unexpectedly, then it's just a sad tragedy. That's the risk we take when we all drive on the roads - not only that WE might have an unexpected heart attack, but that ANY OTHER DRIVER might have an unexpected heart attack. The best we can do is stay alert and wear seat belts. Sometimes that isn't enough, but not all accidents are someone's "fault."
on October 16,2013 | 02:56PM
CloudForest wrote:
WOW! In America anybody can sue anybody for any reason at any time.
on October 16,2013 | 09:07PM
LMO wrote:
I like the way they handle lawsuits in Europe. If you lose, you are fully responsible for all court and other costs related to the lawsuit. Stops alot of frivolous lawsuits.
on October 17,2013 | 02:40AM
nitpikker wrote:
ha! lawyers will NEVER allow that! too sensible. and too much greed.
on October 17,2013 | 05:55AM
patk wrote:
Ingoglia estate should counter sue on the grounds that Ballesteros' truck was impeding Donald's car during his heart attack, thereby causing the death of his son and grandson which could have otherwise been avoided.
on October 16,2013 | 10:53PM
hikine wrote:
Greedy money hungry family and lawyer. Shame on them. This a pure and simple accident, as the guy was having a medical emergency!
on October 17,2013 | 01:23AM
st1d wrote:
it's not about what caused the accident. it's about getting the bills from the accident paid. sounds like the insurance companies in this event are balking at providing a fair compensation even though both parties carried insurance to cover medical and death expenses.
on October 17,2013 | 07:55AM
Konawayne wrote:
I am sure if he had a good medical exam , substantial blockage would of been found. If he had been briefed on symptons I am sure he would of known of some symptons. So looking at these risk factors he was indeed negligent to some degree. Also he had his son with him, who should of been driving. Lets face it, heart attacks are the number one killer. Why take chances with your life and others. He killed his own son and grandson. He was a high risk relative to his son. He had money to get a good exam and make intelligent decisions, he chose not to do so. He is negligent.
on October 17,2013 | 04:19AM
nitpikker wrote:
a settlement is the best solution. after all, a family lost a mother who was completely innocent in the accident. while inglogia, despite his medical condition, still bears some responsibility, his estate can afford to pay any settlement.
on October 17,2013 | 06:02AM
localguy wrote:
When did you become judge, jury, executioner? Better for those injured to sue the insurance companies. That is where the money is. Payment based on coverage. Also, were occupants in other vehicle wearing their seat belts? Talking on the cell phone so were distracted?
on October 17,2013 | 07:15AM
localguy wrote:
Another example of ambulance chasing attorneys in the Nei. Lets see, driver has a heart attack, loses control of the vehicle, it picks up speed and crosses the center line, striking another vehicle. An awful accident but how are you going to show negligence? My guess is the attorney is just looking for free money. I hope the judge smites the attorney and recommends this fool is disbarred. Guy should have a job on Parker Ranch shoveling cow puckey.
on October 17,2013 | 07:12AM
st1d wrote:
i've been there, one accident, not my fault, left me with a few broken bones, punctured collapsed lung, and other lesser injuries that required a long hospital stay and out patient rehab. i know what both families are going through. what you may not know: when you are involved in a major accident and sustain major injury you will also sustain costly medical expenses for the ambulance, emergency room treatment, hospitalization, operation room fees,doctor fees, xray mri ct scans, meds, and the list goes on and on. then when you are released there are costs that continue, meds, physicians, rehab, maybe a few more operations, then there is loss of pay, loss of physical movement, maybe a change in your physche. yet, the bills must be paid. although your car insurance is supposed to provide coverage for these costs, there is a cap. and, surprise, insurance companies are neither willing nor prompt to provide financial settlement up to the cap, you have to hire a lawyer to force the insurance companies, yours and theirs, to fairly provide financial relief in the wake of ever mounting medical bills resulting from an event you did not cause. so, while it sounds ghoulishly predatory, sometimes, in cases of death or crippling injury, a lawsuit is the only way to protect a family from bankruptcy. the ingoglia family may well want ballesteros' family to be fairly compensated, as the party involved in my event did, after all, isn't that the theory of buying insurance. however, you can be sure both ballesteros' and ingoglia's insurance companies will fight each dollar request for as long as they can.
on October 17,2013 | 07:48AM
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