Lawsuit filed against driver who struck, killed nanny - San Diego, California News Station - KFMB Channel 8 -

Lawsuit filed against driver who struck, killed nanny

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SAN DIEGO (CBS 8) - A lawsuit has been filed against the driver who struck and killed a nanny while she pushed a baby in a stroller in Torrey Highlands.

The suit was filed on behalf of 41-year-old Monserrat Mendez's two teenage children.

On February 1st, an SUV driven by 35-year-old Christine Padilla fatally hit Mendez.

The baby in the stroller suffered numerous injuries.

The attorney representing Mendez's family says Padilla was sleep deprived at the time of the crash after giving birth to a baby the day before.

"She certainly ... It is our contention ... Should never have been driving a car within 24 hours of having a child. And the result of that was the death of another mother and a tragic loss to the family all the way around," said Attorney James Frantz.

Padilla's husband is also named in the lawsuit.

She has pleaded not guilty to charges of failure to yield to a pedestrian in a crosswalk and failure to stop at red light.

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