People who lose loved ones in accidents that are caused by the negligence of others have the right to file wrongful death lawsuits against the responsible parties. When they are unable to reach a settlement agreement, they can go to jury trials. In Hernandez v. First Student, Inc.
, Cal. Ct. App. Case No. B281161, the parents of a 13-year-old boy who was killed while riding his bicycle went to trial. However, they did not secure the outcome that they wanted and filed an appeal. The case demonstrates the importance of making timely objections during a trial to preserve the record on appeal. If an attorney fails to make objections at the proper time, the arguments may be forfeited on appeal.
Factual and procedural background
On May 2, 2013, 13-year-old Jonathan Hernandez was riding his bicycle on a sidewalk. He entered into the street without stopping, and he was struck by a school bus. The bus was being driven by Barbara Calderon and was owned by First Student. At the time, Calderon was returning the bus to the school after completing her route. Michael Kennedy was an aide who was also on the school bus at the time.