Family of woman killed in crash files $30M civil lawsuit

Defendants’ attorneys file motion to dismiss or obtain partial summary judgment

Montgomery County Police say David Marc Friedlander, 41, of Hanover, Pa., was driving a bakery truck that allegedly struck and killed 69-year-old Ketty Emilce Alvarado of the 16000 block of Crabbs Branch Way in Rockville.

The collision occurred in the early-morning hours of Sept. 26 at the intersection of Crabbs Branch Way and Redland Road. Alvarado’s body was dragged for nearly one and a half miles down Crabbs Branch Way following the collision, police reported.

According to documents filed in Circuit Court in March, Alvarado’s husband and children are seeking $10 million in wrongful death damages, $10 million in compensatory damages and $10 million in punitive damages from Friedlander and his employer, Baltimore-based H&S Bakery Inc.

A copy of the lawsuit filed by Ronald Karp, one of the Rockville attorneys representing the family, says Friedlander ‘‘neglected or refused to stop and remain at the scene” of the incident, and that Friedlander failed to return to either scene, did not notify authorities and did not summon medical assistance for Alvarado.

Furthermore, the lawsuit states that Friedlander intentionally left the scene ‘‘after considering the consequences” and acted with ‘‘actual malice, characterized by an evil motive, and ill will.”

In a telephone conversation Friday afternoon, Jose Oscar Sanchez, Alvarado’s son-in-law, refused to comment on the civil lawsuit.

A motion to dismiss and⁄or get partial summary judgment was filed May 7 by Franklin & Prokopik, the Baltimore law firm representing Friedlander and H&S Bakery. The document seeks to dismiss or remove certain claims contained in the civil suit, regarding ‘‘negligent hiring, training, supervision and retention,” punitive damages and Alvarado’s estate’s claims for ‘‘conscious pain and suffering,” ‘‘fright,” ‘‘terror,” ‘‘lost future income” and ‘‘lost household services.”

Karp, Frosh, Lapidus, Wigodsky & Norwind, the law firm representing the Alvarado family, filed its memorandum in opposition to the defendants’ motion to dismiss and⁄or partial summary judgment on June 25.

The memorandum states that it would be outrageous to dismiss any of the original lawsuit’s claims.

‘‘To allow punitive damages to be dismissed prior to conducting discovery, prior to interviewing the police investigators (who are prohibited from such interviews before the criminal trial is concluded), prior to examining the truck in question (which is impounded until the criminal trial is concluded) would be sending the wrong message to trucking companies who send their trucks onto the highways and streets of Montgomery County, Maryland,” the memorandum says.

In a telephone conversation Friday, David A. Skomba, an attorney for Franklin & Prokopik, said a motions hearing is scheduled for July 24. He said he did not wish to comment any further on the case.

In a statement e-mailed to The Gazette Friday, H&S Bakery expressed its sympathy for the Alvarado family.

‘‘H&S Bakery continues to have the deepest sympathy for the family of Mrs. Alvarado,” the statement reads.

‘‘As the proceedings to determine what happened that morning are ongoing, we are unable to discuss any specific details,” the statement continues. ‘‘We can only say we have, and will continue to, cooperate fully with the authorities.”

In addition to civil claims, Friedlander is facing criminal charges.

In February, a Montgomery County grand jury indicted Friedlander on felony hit and run in a fatal collision.

In the indictment, Friedlander was charged with four counts of Driver to Remain at Scene⁄Accident Resulting in Bodily Injury or Death. Two counts are felony charges and two counts are misdemeanor charges.

Friedlander is scheduled for a motions hearing on July 20 in that case. His trial is scheduled for Aug. 13-16.