Employer of driver in fatal Ramona crash agrees to resolve lawsuit

By: Scott Marshall - Staff Writer | Thursday, May 3, 2007 11:21 PM PDT ∞

EL CAJON -- The employer of a man who authorities say is an illegal immigrant with prior drunken-driving convictions has agreed to pay almost $450,000 to resolve a lawsuit involving an October crash that killed a Ramona woman, court documents showed.

The collision shortly before 9 p.m. Oct. 9, 2006, on Highway 67 south of Mussey Grade Road claimed the life of Amy Marie Kortlang, 22.

Rafael Ramirez Perez, 22, who was driving the truck that struck Kortlang's car, pleaded guilty in December to second-degree murder and drunken-driving charges in connection with the crash. He was sentenced in February to 21 years to life in state prison.

Kortlang's parents, Melanie and Wayne Kortlang, filed a wrongful death lawsuit in Superior Court in El Cajon against Perez; the company that employed him, MK Concrete, and the company's owner, Mark Kackstetter.

Documents filed with the court stated that the Kortlangs offered in writing on March 8 to resolve the lawsuit for a total amount of $449,999. The offer included the conditions that the defendants named in the lawsuit prove that the only liability insurance coverage available is a $500,000 automobile insurance policy and that if the offer was accepted, the settlement amount would be paid to the Kortlangs and their attorney within 45 days.

The offer also stated that if Kackstetter accepted the terms, all of the defendants in the lawsuit would be released from all of the legal claims the Kortlangs raised in the case.

In footnotes in a document filed in February with the Superior Court, Paul Traficante, attorney for Kackstetter and the company, wrote that Kackstetter and his company dispute the allegations that Perez had been permitted to drive the truck the night of the crash and that he was acting in the course of his job when the collision occurred. Kackstetter and his company do not admit any of the allegations in the lawsuit, one footnote stated.

The attorney for Kackstetter and his company filed a document March 27 stating that they accepted the terms of the Kortlangs' offer.

H. William Collins, the Kortlangs' attorney, and Traficante did not respond to messages left for them Tuesday and Thursday seeking comment. Perez's attorney, Peter Hughes, and Kackstetter, could not be reached for comment Thursday.

A California Highway Patrol spokesman has said Perez was driving a truck owned by MK Concrete when he veered into the opposite lane and sideswiped a Dodge Caliber before slamming head-on into Kortlang's Honda Civic. Perez left the crash scene and was arrested two miles away, according to the Highway Patrol.

The lawsuit alleged that Perez was in the country illegally and had a driving record with the California Department of Motor Vehicles that included three misdemeanor drunken-driving convictions in 2003, a felony drunken-driving conviction in 2005, and multiple driver's license suspensions in 2003 and 2005.

A spokeswoman for U.S. Immigration and Customs Enforcement in San Diego has said that Perez was deported to Mexico in March 2006 after serving time in custody for a drunken-driving conviction.

The lawsuit alleged that Perez drove under the influence of alcohol Oct. 9, 2006, "with a willful and conscious disregard" of Amy Kortlang's rights and safety.

The lawsuit also alleged that Kackstetter and his company gave Perez access to and permission to drive the truck. Kackstetter and his company knew or should have known Perez's immigration status and driving record and had a duty to "make a reasonable effort to confirm" that Perez was licensed and qualified to drive in California, the lawsuit alleged.

Hughes filed a response to the lawsuit in February on Perez's behalf in which Perez also generally denied all of the allegations in the lawsuit.

-- Contact staff writer Scott Marshall at (760) 631-6623 or smarshall@nctimes.com.

On the Net:

Previous articles:

Man sentenced in fatal drunken driving crash

Lawsuit filed against company, driver in fatal Ramona crash

Correction: Date of car crash incorrect

Suspected illegal immigrant pleads guilty to fatal Ramona crash

Mother seeks justice for daughter killed in crash

Man in court on fatal Ramona crash

Two die in separate crashes near Ramona; one driver arrested in series of Highway 67 collisions

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Pre-Registration Comments[-]Go to Top

Disgusted wrote on May 4, 2007 5:45 AM:MK Concrete should be put out of business! I am disgusted that this matter will be settled based on car insurance amounts rather then on the fact that this company hired a drunken illegal / criminal alien to work for them and gave him a truck to drive. The company owners should be held responsibile for their actions! ... I still feel for Amy, the poor innocent, now dead girl should have had a long enjoyable life, not one ended by this drunk and the company that knowingly hired him. Shameful and disgusting!!!

Nick wrote on May 4, 2007 6:49 AM:I'll tell you what, if I had 4 DUI convictions in 4 years, I would be doing hard time in the state of California. I guess if your here ILEGALLY, you get a slap on the wrist and get sent back to Mexico. Sure, they're all hard working honest folks just here to make a living and love following our laws and rules. NOT!

Outraged wrote on May 4, 2007 8:12 AM:If the information in this artcle is true, I am outraged. If this ... (Perez)was in the country illegally and had contact with bureaucrats when obtaining a drivers license and law enforcement on drunk driving charges, it seems only fair that the state and federal goverment be co-defendants in any law suit or settlement.

Madam Patriot wrote on May 4, 2007 8:54 AM:I can’t believe the low amount of this settlement. This is a perfect example of how the problem of illegal immigration is impacting our society. You have a company that is so cheap that they can ‘only afford’ a $500K insurance policy. The company I work for has a $1M policy and we’re a small company with 11 employees. The owners of this company should be ashamed of themselves. They hire illegal workers to make more profit, and they run their business on the cheap. Their business ethics are truly in the gutter. A beautiful life has been lost to greed. Mr. and Mrs. Kortlang you have my deepest sympathy and may Amy rest in peace.

Concerned-1 wrote on May 4, 2007 9:30 AM:What happened to individual responsibility? lawyers and plaintiffs now sue everyone because they are greedy and want to get more money. We need to reform the legal system.

dw wrote on May 4, 2007 10:35 AM:And the ACLU talks about civil rights of the `poor hardworking immigrants'...where are they on this outrage? Where are they in defending the civil rights of this poor American family who has been shattered by the acts of an individual and the misguided policies of our country? My deepest sympathy to the Korlang family as you have suffered the brunt of our nations failures to secure our borders.

What is a life worth wrote on May 4, 2007 11:35 AM:What is your life worth, your children, your parents? Thosuands of illegals drive without iicenses - landscapers, haulers, and more. We are all in danger. How could MK Concrete even hire this drunk illegal? I guess anyone can walk in and get a job without any background or criminal check? Why isn't the company forced to pay instead of using our taxes (car insurance we all pay for now will go UP!). Amy, I'm sorry you were on the road when he was.

JS wrote on May 4, 2007 12:08 PM:What ever happened to automatic jail time for drunk driving passed by the legislature two decades ago? MADD spent a great deal of time and money getting that passed just to have judges ignore it. Both the CHP and the judge knew this driver was a fence jumper. Another great reason for local law enforcment to turn illegals over to INS. Three DUI arrests in one year? Unbelievable. I was a professional driver for twenty years. One DUI would've ruined my chance of a job for life. Guess the rules are different now. Was this vehicle actually a cement truck?

John E wrote on May 4, 2007 1:14 PM:Every motorist should be required to carry at least $1M liability coverage. The current legal minimum is an anachronistic slap at all potential victims. Northern Europeans tend to be more tolerant of social alcohol consumption, but far less tolerant of drunk driving, than we are. Perhaps we can learn something. Disclosure: I am proud to be a 20-year dues-paying member of MADD.

RW wrote on May 4, 2007 9:14 PM:Good on ya, Kortlangs... for sticking it to a company that wasn't responsible about its employees. I'm a lot more angry that this person was driving for a company even though he had previous DUIs than I am about him being an illegal immigrant. We need to show companies that they are responsible for hiring people with clean driving records.

The family should be able to sue for the companies assets wrote on May 4, 2007 9:21 PM:A good lawyer would have gone above and beyond the insurance money. They lost their daughter and only got 400,000 dollars!

ruby wrote on May 5, 2007 10:08 AM:Mk Concrete should of checked out their driver's background. Want to know how an illegal got a driver's license first of all. Then they knew of all his offense and gave it again? Who at the DMV IS RESPONSIBLE? lAWYER'S SHOULD GO AFTER ALL INVOLVED. Not just settle for insurance payment.Make these company's who want cheap labor. Pay big fine's etc. Plus if death occur's. Close them down. Not a slap on the hand.

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