Lawsuit filed against company, driver in fatal Ramona crash

By: SCOTT MARSHALL - Staff Writer
NORTH COUNTY TIMES
DECEMBER 20. 2006

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.

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

Comments On This Story

Note: Comments reflect the views of readers and not necessarily those of the North County Times or its staff.

How can an ILLEGAL wrote on December 20, 2006 1:58 AM:"immigrant have a CA drivers license?"

Taxpayer wrote on December 20, 2006 5:11 AM:"The government should investigate the company and if they find out they knowingly hire illegals they should be charged and held responsible for their actions! The message needs to be sent, LOUD AND CLEAR that this behavior must stop! The company owners should be charged as accessories to this horrible crime! "

Michael wrote on December 20, 2006 5:20 AM:"My sincerely condolences to the Kortlang family. To those that want to use this terrible loss to bolster their argument against undocumented immigrants; is it really the "illegal aliens" that are the problem, or the people that hire them? Clearly alcohol played a part in this, but I hope Mr. Kackstetter looses everything over materially over this and does time along with Mr. Perez."

Multiple Drivers License Suspensions?? wrote on December 20, 2006 5:33 AM:"Did he have a Calif. drivers license? How is that possible that his license was suspended if he was an illegal alien? The family should also sue the California DMV and the US immigration dept."

Nanchi wrote on December 20, 2006 5:41 AM:"I'm so sorry for the family. They will surely win the lawsuit, but let's hope the company has some assets or insurance. This is how the problem of irresponsible employers should be handled. Hit them the only place they understand, in their wallet."

The time has come wrote on December 20, 2006 5:47 AM:"For the lawsuit to include the Department of Homeland Security, ICE, the Border Patrol. It is their ultimate responsibility to see that illegal aliens do not remain and cannot return to the US. Where is the ACLU? (oh thats right they only defend illegals)giving no thought that thousands of US citizens die at the hands of illegal alien criminals, gang bangers, drug dealers, and "coyotes". Put the pressure on our elected officials. Write or call them. Refuse to donate to their campaigns until there are some drastic changes made. The invasion continues and is harmful to all. I would like to know what MADD's interest is in this. We know how they feel about legal drunk drivers but I haven't heard what their stand is on "illegal drunk drivers" "

Bottom line wrote on December 20, 2006 6:00 AM:"Punish the employers to the fullest extent of the law! Punish the employers, punish the employers. punish the employers, punish the employers punish the employers"

Paul wrote on December 20, 2006 7:40 AM:"Collins declined to comment on what the law requires for Kackstetter and his company to be found liable...... How about hiring an illegal alien to begin with? How about running his company with due diligence for the safety of his employees and the public? "

Enough is Enough wrote on December 20, 2006 8:07 AM:"Are the citizens and legal immigrants getting tired of this yet? How many innocent lives have to be taken before our borders are secured and our immigration laws are respected? Our communities in San Diego County need to get with Escondido's city council and do something since our Federal government is not. Our police can be trained through a special program and help deal with the illegal immigration problem. Enough is enough!"

This is a wrote on December 20, 2006 8:08 AM:"misunderstanding on the part of the illegal. He thought since the USA was not serious about illegal immigration they were not serious about drunk driver, and I agree with him. The government is sending out mixed signals, ok on this, but not on this. We need to give him a light sentence and then send him to a MADD class. "

I wish I could be on the jury. wrote on December 20, 2006 8:19 AM:"That family would have every dime nickle that company had and any future assets for the next 100 yrs. Not to mention any personal assets the owners have. This is a disaster! How did this ILLEGAL alien get a drivers license and was it a REAL one?"

Tired of Illegals wrote on December 20, 2006 8:53 AM:"Another one of mexico's finest citizens behaving just as if he were in mexico - not accepting any responsibility for his actions, and certainly not having any respect for U.S. law. I sincerely hope the employer in this case loses everything he owns, as well as sharing the same jail cell with this worthless pillar of society. When is our government going to listen to the people who elect them and finally secure our borders from the invading hordes of people just like this???"

eye opener wrote on December 20, 2006 8:54 AM:"this is who the aclu is protecting, illegal criminals drinking and driving, killing innocent americans every day, can the aclu be sued for harboring criminals? its funny how polotics work in america, poloticians want to look the other way when something like this happens but its good to see that issues like this one are being presented to the public so it puts pressure on immigration and the need to enforce the laws. that concrete company should be sued and closed for good for hiring illegals and ice should do a sweep and back round check of every person working for the company and arrest the illegals on site and procecute them all. its funny how the owner says i don't know the status of all my employees, thats a crime for an owner not to do a back round check especially if your letting them drive company vehicles home after work. this is a eye opener for people and it could be your child or mine someday and we need to fix the problem and arrest and deport these illegals so we can protect our children and there future in this country. "

Press 1 for English, Press 2 for Deportation wrote on December 20, 2006 9:01 AM:"Finally, a lawsuit in the illegal invasion situation on the right side of things. I'm so sick of all the ACLU garbage, it's good to see someone actually going against the Illegals; I only wish it wasn't as a result of the death of Amy Kortland. I hope Kackstetter gets life in prison, or worse, and this really sends a message to other companies who hire illegals."

whats going on with california wrote on December 20, 2006 9:04 AM:"this would never have happened if they knew who there workers where, we need cities to enforce immigration laws by checking companies, all high risk companies like construction, landscaping, maintaniance. i see these illegals who drive these trucks with weed wackers, lawnmowers, raks and i know there doing maintaniance for homes but its funny how theres no company name or business licsence on the truck, thats a crime right there, there getting paid cash and not reporting a penny to the state and there not paying health insurance or anything for that matter. we need cities to have enforcement agents on the streets looking for people like that and citing and enforcing the laws. americans do all the right things, pays all the taxes, insurance and everything a responsible company should do and illegals are doing the opposite and stealing from the state. "

Greg in Oceanside wrote on December 20, 2006 9:44 AM:"Wait a minute. You mean to tell me Perez was an ILLEGAL ALIEN and he had a license AND multiple drunk driving convictions? What’s wrong with this picture? Perez shouldn’t have had a license in the first place! Is CA DMV even doing their job?! ILLEGAL ALIENS should not have ANY drivers license here in CA or anywhere else in the US! How pathetic!"

Sorry wrote on December 20, 2006 9:54 AM:"Good luck to the Kortlang family. I would sue that company until it went bankrupt. Also, I would go after the illegal, although, his money I'm sure has already been sent back to Mexico for his poor poor family. Hey Rafael, you deserve first degree murder not second degree."

Bring on the Criminal Charges wrote on December 20, 2006 10:04 AM:"Where are the criminal charges against the company and its owner as an accessory to murder? This company should be used as an example to others hiring illegals. At the very least, the company should be investigated immediately to see how many other illegals are being illegally employed. Since when is driving a truck a job that Americans won't do? Didn't that used to be a middle class, well paid job from which taxes were paid?"

Robert24 wrote on December 20, 2006 10:10 AM:"Michael, the unfortunate thing is that it is yet again another illegal alien (I prefer to call them what they are, not "soften" it with "undocumented immigrants") that has created this loss for this family. C'mon, facts are facts. If the majority of unlicensed, uninsured, stolen or fictitious drivers' license holders, etc. are from Mars, they are wrong. If the same group is predominantly Mexican illegals, they are wrong also. Sorry that the facts are what they are, but that is the way it is. It really is time to realize that illegal activity is wrong, no matter who you are or where you are from, and it needs to be addressed. Again, my prayers for the family, and I truly hope that Mr. Perez and Mr. Kackstetter are dealt with appropriately."

Yes, Michael wrote on December 20, 2006 10:11 AM:"..it's the illegal aliens that are the problem. Had Perez not been in the country illegally, Amy would still be alive. The problem is that the traditional controls on who gets into the country, which would have kept Perez out after his first deportation, are being bypassed. You can rationalize it any way you want, and you can certainly make the argument that Perez isn't typical of all illegals, but you can't deny that if our immigration laws were being enforced he wouldn't have been here."

Scott wrote on December 20, 2006 10:23 AM:"In California, if you are unlicensed and commit a traffic offense they issue you a drivers license number and then suspend it. It's a way to track you for future offenses. "

Honest Businessman wrote on December 20, 2006 10:30 AM:"I hope the employer rots in jail with another one of mexico's finest citizens, and loses everything he owns as well. Employers who hire illegals are just as big a criminal as the illegal who jumped the border to freeload off of America. NCT - you are a bunch of racists as well - stop crying for the poor illegals and get a backbone and print the truth once in awhile!!"

Mugrat wrote on December 20, 2006 10:53 AM:"He of course did not have a driver's LICENSE due to his immigration status. Those who commit traffic violations in California have an index number created to serve as a record number to record their actions(out of stater's too). "

Our Government wrote on December 20, 2006 10:56 AM:"says we need illegals to do the work Americans won't. The solution is to use people like Perez that are in prison on chain gangs. Our prisons are overcrowded as is, and with lots of illegal aliens now behind bars, it would be very easy to use the prison population to do work that the Americans don't want to do. This would save the tax payers a bundle!"

Susie wrote on December 20, 2006 11:07 AM:"Since when do companies hire drivers with repeat DUI's? That to me is more the issue than his legal status. ANYONE driving for a company should have their driving record checked. This employeer should be sued to the point of bankruptcy for hiring a Drunk Driver of any legal status."

No Name wrote on December 20, 2006 11:09 AM:"Yes our police can be trained and they are trained to arrest those people that are not citizens. However, once they are arrested it is up to a whole other system to keep them locked up or out of the country. Also, keep in mind that our police have to be very careful with the immigration issues. The ACLU and other loosers are quick to sue anyone who helps keep our country safe. To solve the problem, get rid of the ACLU."

I feel sorry wrote on December 20, 2006 11:27 AM:"for Mr. Perez, on one hand our government is saying it is ok to come into our country illegally and yet on the other hand they come down hard, when an illegal is driving drunk. "

MADD wrote on December 20, 2006 12:00 PM:""I would like to know what MADD's interest is in this. We know how they feel about legal drunk drivers but I haven't heard what their stand is on "illegal drunk drivers" MADD is not a racist organization. Their stance on drunk drivers covers everyone, illegal or otherwise. Why would they have a separate stance differientiating between drunk drivers with legal status and drunk drivers without? That is plain silly. Once again, your colors are showing. "

AResident wrote on December 20, 2006 12:13 PM:"The Bottom line here is that a life has been taken. On the other hand the City of Escondido,San Marcos,Vista and Oceanside should wake up in a hurry. It's time for the City council to start reading these blogs and taking notes to what's happening outside of their offices. When will the City of Escondido be sued for allowing an illegal to kill, shoot, rob or sell drugs or have false ID for that matter. Regarding the DMV. They are city workers collecting $$. Do you really think for one minute that the person behind the counter cares who you say you are?? When are all the drivers tests both written and driving going to be given by an english speaking person? No more pretending to need a spanish speaking person. They are all in it together. Wake up for once. It doesn't take a rocket scientist to see this."

Bunny wrote on December 20, 2006 12:50 PM:"Go onto any construction job site and this is what you find. Stolen Social Security numbers and all. Everyone knows what is going on but no one wants to fix it. Its just like they are called “un documented” why are we being politically correct to someone who is doing something illegal. Why you might ask did they hire him with such a bad record, becasue they can pay him pennys to the dollar."

Diane wrote on December 20, 2006 12:58 PM:"BUILD THAT FENCE AND ELECTRIFY IT! "

Ramona Resident wrote on December 20, 2006 12:59 PM:"Highway 67 is already a killer due to careless or reckless drivers and SANDAG's unwillingness to spend our tax dollars on improvements to the highway. We don't need to import drunk drivers from Mexico to aggravate the situation. Should this private lawsuit by the Kortlang family reveal that Kackstetter knew Perez was here illegally, the government should consider prosecuting the Kackstetter under Section 8 USC 1324: "Any person who... encourages or induces an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law... shall be punished... in the case of a violation... resulting in the death of any person, be punished by death or imprisoned for any term of years or for life, fined under title 18, or both.""

MORTY wrote on December 20, 2006 1:08 PM:"THE 11;27 A.M BLOG MUST BE NUTS.IT MAKES NO DIFFERANCE WHAT HE WAS DRUNK.TO FEEL SORRY FOR THAT MAN IS TO MUCH TO EVEN DIGEST.WHAT A CREEP YOU MOST BE."

LO wrote on December 20, 2006 1:14 PM:"Yes I agree that the Employer should share some responsibility in the monetary compensation for Amys family. BUT, Mr. Perez made a very conscious decision to DRINK AND DRIVE. MK Concrete didn't ply him with alcohol and tell him to get in his truck and drive like a manaic and go out and kill a beautiful young woman. MK Concrete should have checked Perez's legal status, and drivers license status prior to hiring him. Honestly I belive whether they furnished a truck for him, or Perez drove his own car, the outcome would have been the same. He is obiviously an EXTREMELY SELFISH person who has no respect for life! I also agree that he should be facing 1st degree murder charges. My most heartfelt sympathies for Amy's family, what a sensless, preventable tragedy! May Perez rot where he belongs! Build a wall, seal the border and deport every ILLEGAL!!!!"

Where is the ACLU wrote on December 20, 2006 1:15 PM:"Should the government defend an American's right to life by keeping deported drunk drivers from re-entering the country? It seems an American should be free of the danger of being killed by a drunk driving illegal alien. That sounds like a basic civil liberty to me. The ACLU should sue Homeland Security on behalf of the Kortlang family."

Speaking of 8 USC 1324 wrote on December 20, 2006 1:21 PM:"Has anyone seen evidence of the following excerpt from 8 United States Code 1324: The Secretary of Homeland Security, in consultation with the Attorney General and the Secretary of State, as appropriate, shall develop and implement an outreach program to educate the public in the United States and abroad about the penalties for bringing in and harboring aliens in violation of this section."

Oops my mistake wrote on December 20, 2006 1:53 PM:"their goes the government's position that the illegals take jobs Americans don't want: GREELEY - The line of applicants hoping to fill jobs vacated by undocumented workers taken away by immigration agents at the Swift & Co. meat-processing plant earlier this week was out the door Thursday. "

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