Personal Injury Lawyers
Cave Creek Arizona

2-Year-Old Son of Davin and Sara Tarnanen Killed by Waste Management Truck

Jonathan V. O'Steen

November 8, 2013

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Cave Creek, Arizona—Sara and Davin Tarnanen lost their two year old son just after 4:00 p.m. on Wednesday when the driver of a Waste Management recycling truck backed over the boy while he and his five siblings were playing in or near their yard around 40th Street and Ashler Hills Road.  Ms. Tarnanen was supervising her children at the time and witnessed the tragic event.  She attempted to alert the driver of the truck, 41-year-old Bernardo Hernandez, of the toddler’s presence, but to no avail.

The company truck was equipped with an operational rear-view camera, and it is not known why the driver or a passenger in the truck failed to see the child in the path of the moving truck.

Law enforcement investigators report that Mr. Hernandez, and a trainee who was his passenger at the time of the incident, have declined to answer crucial questions, nor would they submit to a field sobriety test. This, reportedly on the advice of Waste Management’s attorneys.

Waste Management issued the following statement regarding the fatality:

Waste Management expresses our sincerest, heartfelt condolences to the family involved in yesterday’s tragic accident in Maricopa County, Arizona.  We are cooperating fully with the Maricopa County Sheriff’s Office and other local authorities on the investigation.

I assume Waste Management is sincere in its expression of sympathy, but its claimed cooperation is greatly exaggerated.  There is only as much cooperation as the company’s lawyers will permit.

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