Teenagers plan to sue Merced County for injuries suffered in crash with deputy

Merced County leaders rejected two claims this week exceeding $1 million each for injuries suffered in a crash this year involving an on-duty sheriff's deputy.

The board of supervisors voted unanimously on Tuesday to reject the claim as part of its consent calendar, a routine set of items that are typically considered uncontroversial.

Jonathan Munguia, 19, was driving a 1998 Honda Civic west on Alexander Avenue crossing G Street in Merced just before 8 p.m. on June 17 with one passenger, 17-year-old Kristina Salas, according to a claim filed with the county.

Deputy Thomas Miller was traveling south on G Street in a 2017 Ford Explorer police car before the collision, according to officials.

According to the claim, the deputy failed to yield and struck the Honda, causing traumatic brain injury, hospitalization and other damages to Salas and Munguia.

Munguia and Salas were transported to hospitals in Modesto, police said in June. The deputy was transferred to a local hospital.

The claims denied on Tuesday were part of a routine action, according to Roger Matzkind, the chief civil litigator for Merced County. The county scrutinizes the claims before deciding whether to part with tax dollars, he said.

“We have to be very careful with the people’s money,” he said.

The claim must be processed before a citizen can file a formal lawsuit, Matzkind confirmed.

Steve Brady, the attorney representing Salas and Munguia, said his clients plan to sue the county after the New Year.

The teenagers, who are friends, were obeying traffic laws and turning left at a green light when the deputy entered the intersection, he said. Miller was not in pursuit of other vehicles, though he was responding to a call and his vehicle’s police lights were activated, Brady said.

“Both of these kids were badly injured,” he said. “They got creamed by this sheriff (deputy).”

Surveillance footage from a gas station at that intersection shows Miller’s police cruiser with lights flashing as he entered the intersection. It’s unclear from the video if a siren was blaring. Brady said despite having the lights flashing, Miller is required by traffic laws to slow when he approaches a red light.

Both the driver and passenger struggle with ongoing medical care, he said.

Merced County Sheriff Vern Warnke said personnel issues prevent him from commenting on the “unfortunate” accident. He said the investigation is ongoing.

Miller is still employed by the sheriff’s office, according to Mike North, a spokesman for Merced County.

The supervisors this week also denied five other claims ranging from $83 to more than $1 million.

This story was originally published December 20, 2017 at 11:21 AM with the headline "Teenagers plan to sue Merced County for injuries suffered in crash with deputy."