City files wrongful death lawsuit in conjunction with fatal crash in 2003
By Sylvie Belmond belmond@theacorn.com
The city of Simi Valley is seeking to recover $150,000 for death benefits it paid to the family of a man who was killed in 2003 while driving a city-owned pickup truck across the railroad tracks in Moorpark.
Simi joined a lawsuit initially filed by the family of Charles Ozal Shere. The city’s goal is to recoup death benefits paid to the family of the 64-year-old municipal electrician who died while he was on the job, according to David Hirsh, Simi Valley city attorney.
Shere’s wife and children filed an $8-million lawsuit against Arturo Manuel Bacilio, the driver of the Ford Explorer involved in the head- on collision. The plaintiffs also named the county of Ventura, the city of Moorpark, the state Department of Transportation and Union Pacific Corp in their lawsuit.
Shere, a Moorpark resident, was driving a Simi Valley Public Works truck westbound on Los Angeles Avenue when a sports utility vehicle going east crossed the center divider and collided with the truck, according to witnesses.
The vehicles came to rest on the tracks just east of Collins Drive near Moorpark College. People attempted to help the two drivers, both of whom managed to escape their vehicles, said reports at the time.
However, within minutes, a Metrolink commuter train hit the collision site, plowing forcefully into the Public Works truck, which in turn struck down Shere. Paramedics pronounced him dead at the scene.
Bacilio, the driver of the SUV, was taken to Simi Valley Adventist Hospital and treated for minor injuries.
The lawsuit filed by the family claims, among other things, that the railroad crossing at the intersection of West Los Angeles Avenue and Collins Drive is a concealed death- trap for motorists.
The city of Simi intervened, seeking to recover workers’ compensation benefits paid to the employee because he was on city time when he was injured, said Hirsh.
Simi paid those death benefits to the family.
The family is suing over other issues as well, Hirsh said. Moorpark’s share of the responsibilities is still to be determined. A mandatory settlement conference is slated for May 27 and the jury trial is set to begin June 20.
Moorpark officials didn’t want to comment on this matter because it’s a pending case, they said.


