Friday, May 22, 2009
The family of Adam Martinez Jr., who was killed last year in a drunken-driving accident on Interstate 35, has filed a wrongful death lawsuit against the driver of the other vehicle involved in the wreck.
Rosaura and Adam Martinez Sr. are seeking unspecified damages in their lawsuit in the death of their son, filed this week in Waco’s 170th State District Court.
The suit, which names Jason Lang Modgling and his wife, Melissa Joy Dunlop, as defendants, was filed less than two weeks after a 54th State District Court jury sentenced the 29-year-old Modgling to 10 years in prison and fined him $10,000 after he pleaded guilty to intoxication manslaughter in Martinez’s death.
- Waco Crime Beat: Indictments, trials, blotter, news, jail mugs & more
Martinez, 20, whose family owns and operates El Conquistador restaurants in Central Texas, was on his way home about 2 a.m. May 3, 2008, when Modgling’s truck collided with his truck, sending Martinez’s truck flipping over the center concrete retaining wall and into the southbound lanes of I-35.
Martinez, who, according to testimony at Modgling’s trial, was not wearing a seat belt, was thrown from his truck and pronounced dead at the scene. Modgling’s truck rode along the guardrail, showering sparks for 1,100 feet before coming to rest on its side.
Modgling disputed testimony by a Texas Department of Public Safety trooper who said that based on his investigation, Modgling was driving his pickup 85-90 mph when he swerved and hit Martinez’s truck just south of Elm Mott.
Modgling, an employee of a DeSoto-based air-conditioning firm, testified that he made a mistake by trying to drive back to Saginaw, Texas from College Station after having seven or eight beers with his work crew after they got off work at a mall store there.
The lawsuit alleges that Modgling was negligent, careless and reckless and claims he changed lanes in an unsafe manner, was speeding and intoxicated.
The suit alleges that Modgling’s wife owned the truck he was driving that night and that she knew or should have known that he was a “reckless and incompetent driver.”
twitherspoon@wacotrib.com
757-5737
Comments
By Centex Mom
May 30, 2009 11:58 AM | Link to this
To In A Legal Sense,
Please WAKE UP - I honestly do not feel that there has been a single person on here who has said that Adam Martinez does not deserve any RESPECT!!!! And since when can you say that Adam was having NO problems driving because he had been drinking - NO maybe the actual IMPACT of the accident at that moment in time, but who - not a single one of us can say that there were not times before that fatal moment that he didn't swerve a little, miss a turn signal, miss a turn, drive a little too fast. Because you see - he too was IMPAIRED.
I am not a SAINT - there are very few people who can say they have not done it. Had a few too many, got behind the wheel. Swerved a little, missed a turn, almost run off the road. Then you finally get safely where you were going, turn off the car and utter those words that get uttered over and over again. "I WILL NEVER DO THAT AGAIN...." The problem in this case is that Adam did not get to say that - It is not FAIR that someone else took that opportunity away from him. I did not know ADAM but I am very, very close to one of his Best Friends and his parents and I was there with that young man and his Mother the next day. I held her when she cried and I heard the what if's and the why's. I grieved with her, and I prayed and still pray for that entire family and extended family. But I say over and over again. There is NO AMOUNT of money that will bring him back. And I hope and pray that they wake up and realize that just a few ticks of the clock, just a few strokes of luck and they would be sitting in the same place where Mr. Modgling and his family are sitting today. Now all of you - who would give your right arm to have Adam back - turn the tables, put yourselves on the other side of that courtroom, put Adam on the stand and Mr. Modgling's family in the place of the grieving family - because it very, very easily could have happened. Because what you all need to remember and understand is that BOTH men were drinking, and both men were driving and that there is only one MAN in control of our destiny.........
By InALegalSense
May 29, 2009 5:41 PM | Link to this
So what you are saying here is that he (Adam Martinez) deserves no respect because he had been drinking too? ARE YOU SERIOUS? That's just like saying that joint you smoked two weeks ago that still shows up in your system should put you in jail for being under the influence if you happen to be hit by a drunk driver? People need to wake up here and realize that ADAM may have been drinking, but he is NOT THE ONE who caused the wreck. Who's to say that he wouldn't have made it home safe that night had he not encountered Modgling on the highway? From the facts of the case it's plain to see that Adam was not wearing a seatbelt and he was drinking. WE ALL SEEM TO FORGET THAT HE WAS HIT. He did not swerve, he did not have any trouble driving, so why you smearing the name of a kid who made so many people smile? His death was and still is a loss to an entire school. Kids from all grades knew Adam. He was a great person.
As far as suing.....that is an American right. No one knows for sure whether or not they would make this same decision if presented with these same circumstances. Though both men were drinking.....one man walked away......another young man did not. Only God can judge Adam's parents and Modgling. The rest of us need to go home and hug our kids and thank God that he's blessed us with them for one more day.
RIP Adam.......and to his parents....God Bless you for raising such a great kid who touched so many lives. I hope you find comfort and solace in whatever decisions you make in the future.
By InALegalSense
May 29, 2009 5:39 PM | Link to this
So what you are saying here is that he (Adam Martinez) deserves no respect because he had been drinking too? ARE YOU SERIOUS? That's just like saying that joint you smoked two weeks ago that still shows up in your system should put you in jail for being under the influence if you happen to be hit by a drunk driver? People need to wake up here and realize that ADAM may have been drinking, but he is NOT THE ONE who caused the wreck. Who's to say that he wouldn't have made it home safe that night had he not encountered Modgling on the highway? From the facts of the case it's plain to see that Adam was not wearing a seatbelt and he was drinking. WE ALL SEEM TO FORGET THAT HE WAS HIT. He did not swerve, he did not have any trouble driving, so why you smearing the name of a kid who made so many people smile? His death was and still is a loss to an entire school. Kids from all grades knew Adam. He was a great person.
As far as suing.....that is an American right. No one knows for sure whether or not they would make this same decision if presented with these same circumstances. Though both men were drinking.....one man walked away......another young man did not. Only God can judge Adam's parents and Modgling. The rest of us need to go home and hug our kids and thank God that he's blessed us with them for one more day.
RIP Adam.......and to huis parents....God Bless you for raising such a great kid who touched so many lives. I hope you find comfort and solace in whatever decisions you make in the future.
By KENT
May 28, 2009 11:33 PM | Link to this
TO MADDMOM....WHY SHOULD ONE FAMILY GET PAID..THEY WERE BOTH DRUNK...?!??!? THIS COULD HAVE EASILY BEEN FLIPPED AROUND..PRISON IS ENOUGH!!!
By KENT
May 28, 2009 11:32 PM | Link to this
TO SHADYS MOM....WHY SHOULD ONE FAMILY GET PAID..THEY WERE BOTH DRUNK...?!??!? THIS COULD HAVE EASILY BEEN FLIPPED AROUND..PRISON IS ENOUGH!!!
By KENT
May 28, 2009 11:32 PM | Link to this
TO SHADYS MOM....WHY SHOULD ONE FAMILY GET PAID..THEY WERE BOTH DRUNK...?!??!? THIS COULD HAVE EASILY BEEN FLIPPED AROUND..PRISON IS ENOUGH!!!
By Ashley
May 28, 2009 11:29 PM | Link to this
This is a sad story, let him pay by going to prison. The man who died wasn't even old enought to be drinking in the first place, AND REALLLY shouldn't have been drinking and driving. Plus, he wasn't wearing his seat belt, he is just as much at fault in my book. If he didn't die they should have both been charged. They are equally at fault!!!
By ERICKA JOHNSON
May 27, 2009 7:40 PM | Link to this
ADAM WAS LIKE A BROTHER TO ME AND,TJ,NIC, AND CC...AND RUDE PEOPLE SHOULDNT COMMENT THIS IF THEY ARE NOT GOING TO WRITE ANYTHING GOOD...AND U KNOW WHAT HE SHOULD HAVE WORN A SEATBELT BUT THE OTHER DUDE SHOULDNT HAVE BENN DRINKIN AND DRIVEN AND FOR ALL U PEOPLE THAT DONT KNOW BUT ONE THE THEY VISITED PEOPLE TO THEIR HOUSE AND ALL THEIR MOM COULD DO IS LAY ON THE COUCH AND CRY HER LUNGS OUT...AND I STILL CRY EVEN THOUGH IM NOT HIS REAL BLOOD BUT HE SEEMS LIKE IT TO ALL OF US...SO THERE...DONT SAY ANYTHING IF Y'ALL DONT KNOW IT...SO KEEP IT TO YOUR SELF...
I LUV YOU ADAM...
LUV JOHNSOLN FAMILY...
By jen
May 26, 2009 2:02 PM | Link to this
This story is in the newspaper so that makes it everyones business. Once you let your business go public, it makes it public business. Both of the drivers were guilty, one lost his life the other lost a huge part of his life by going to prison. I understand those are two different things & Adams family will never get to see him again while the other family still can. He has been punished & rightly so. Why is it ok to punish an innocent person, his wife. It is lawsuits like this that make a joke out of our judicial system. This case should be thrown out and the lawyer should be penalized. To sue the wife of this man is asinine and makes the family look absolutely ridiculous. It is understandable when you are hurt to try to place the blame somewhere but you should place the blame where it belongs and that is on the two men that were driving drunk. Noone knows what the outcome would have been if either of these men hadnt been drinking. We all know the effects alcohol can have on the body & mind. Had worn his seat belt he may nto have been thrown, he may have been coherant enough to avoid and his body may not have bled as much or may have been able to handle more trauma. While I feel for the family, money can not heal a broken heart or take the place of their son but it will certainly scar his memory for all involved. Two wrongs do not make a right and filing a lawsuit does not make either of the drivers right.
By Lost in waco
May 23, 2009 1:47 AM | Link to this
My heart goes out to both famileys may god blees you all. now i undersand the pain the martinez familey is filling but let me say 2 bad choices do not add up to a good one both young men was drunk ms.martinez said she forgives this young man thin turns around with a lawsuit.mr&ms martinez i do fill for you but maybe you might try a support group it will most likely help you get thru this. i hate to say the money will do no good your son is not here to enjoy it. so pleace let Adem rest in peace
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