Family of man hit and killed by FAX bus files lawsuit

FRESNO, Calif. (KFSN) -- The family of a Fresno man run over and killed by a FAX bus earlier this year is now suing the City of Fresno and the bus driver for negligence.

The lawsuit claims the bus driver, Rudy Alderette, "negligently, carelessly and intentionally" ran over Javier Silva.

Authorities say, Silva, who was 62-years-old, had the right of way while walking to get his morning coffee near Shields Avenue and Fruit Avenue in Central Fresno.

Miguel Silva says he and his family just, "Want justice for (his) dad."

The claim mentions that the family is seeking $8 million for "loss of love, affection, society, comfort, care, assistance, protection, moral support, and companionship."

Butch Wagner represents Silva's family. He said he "does not know why the bus driver did what he did, but after he hit Mr. Silva, he kept going and didn't stop."

Alderette, who is 69-years-old, is now out on bond. He told police that he thought he hit a box on that morning commute. His attorney, Marc Kapetan, told Action News, "we have been working very hard on this case we have retained experts in this matter and from the preliminary discussions I think everything is going to look very favorable for my client."

We reached out to the City of Fresno for comment but was told it does not discuss pending or ongoing lawsuits.