Complaint filed against driver, Fresno County in crash that killed Hanford West softball player

FRESNO COUNTY, Calif. (KFSN) -- A newly filed complaint is calling out Fresno County for the intersection of Mount Whitney Avenue and Cedar Avenue.

"They were less than diligent in monitoring that intersection and making the appropriate changes in view of other prior accidents that had occurred at that same location." Attorney Kevin Little said.

He is representing Rocky Cardona on behalf of his late daughter Marissa and his wife Leticia.

The intersection between Riverdale and Laton is where 14-year-old Marissa died in a crash in March of 2022.

Authorities say Ashley Engen was driving with her own daughter in the car when she ran a stop sign, hitting Leticia and Marissa.

Everyone involved in the crash was rushed to the hospital with severe injuries, except Marissa who died at the scene.

Leticia was badly injured and had a traumatic brain injury.

She's still recovering and requires help with most day-to-day tasks.

"She's never going to be 100%. She's going to have lifelong injuries that she's always going to have to be with." Cardona said.

The complaint alleges that even though there have been multiple accidents at the intersection, the county didn't install a traffic control device or add signage.

"You'll have, 25 or 50 yards ahead of that intersection, you'll have a sign saying 'Cross traffic does not stop', which saves lives as well, and that also was not present at this intersection," Little said.

Action News reached out to Fresno County, which said it doesn't comment on pending litigation.

Buddy Mendes, who is the county supervisor for the area, didn't comment on the case but says any time there's a deadly crash, the county does an analysis of the intersection.

"One of the deals is to see, hey is it a clear intersection? Is this caused by driver error? Those are the things that become significant." Mendes said.

Mendes says following the analysis any appropriate changes will be made.

The complaint also names Ashley Engen and her significant other, Stephen Smith - who owned the vehicle - as defendants.

CHP reports show Engen was traveling nearly 76 miles per hour at the time of the collision.

"And there was no indication that there was any effort made to brake or swerve prior to the impact," Little said.

Little says they hope this complaint will protect future families who are out on the road.

"Not only would Marissa's estate, Mr. Cardona, Mrs. Cardona, Mrs. Cardona get the justice that they so richly deserve, but also some changes will be made to this intersection," Little said.

Action News reached out to Ashley Engen and Stephen Smith Wednesday for comment and has not heard back.

Engen was charged with misdemeanor vehicular manslaughter related to the crash.

She's scheduled to be arraigned on Tuesday.

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