http://www.nctimes.com/articles/2006/12 ... _19_06.txt

Lawsuit filed against company, driver in fatal Ramona crash

By: SCOTT MARSHALL - Staff Writer

EL CAJON -- The parents of a Ramona woman killed when a man whom authorities say is an illegal immigrant with prior drunken driving convictions collided head-on with her car have filed a lawsuit against the man and the company for which he worked.

Filed Dec. 11 in the Superior Court in El Cajon, the lawsuit seeks an unspecified amount of money in damages from Rafael Ramirez Perez, 22, MK Concrete and its owner, Mark Kackstetter, in connection with the crash that claimed the life of Amy Marie Kortlang, 22.

Perez pleaded guilty Dec. 13 to second-degree murder and drunken driving charges in the Oct. 9 crash on Highway 67 south of Mussey Grade Road and faces up to 21 years to life in state prison when he is sentenced Jan. 17, a prosecutor said.

A California Highway Patrol spokesman has said Perez was driving a truck owned by the company he worked for when he veered into the opposite lane and sideswiped a Dodge Caliber before slamming head-on into Kortlang's Honda Civic.

Perez left the scene and was arrested two miles away from the crash, according to the Highway Patrol.

The Kortlang family's attorney, H. William Collins, said Tuesday that he does not yet have any information beyond what Highway Patrol reports on the case stated.

Collins said he did not know about Perez's financial status and whether he would be able to pay any civil judgment to the Kortlang family. Collins declined to comment on what the law requires for Kackstetter and his company to be found liable for the crash.

Kackstetter declined to comment Tuesday.

The lawsuit alleges 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 after serving time in custody for a drunken driving conviction.

The lawsuit alleges that 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 also alleges that Perez drove under the influence of alcohol "with a willful and conscious disregard" of Kortlang's rights and safety.

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