Family sues Gallo, Grover Landscape in homeless woman’s death at Beard Brook Park

The family of a 27-year-old homeless woman killed in July after being run over by a landscaper mowing grass and weeds with heavy machinery at a Modesto park has filed a wrongful death lawsuit against the landscaper and his employer, Grover Landscape Services, and E.&J. Gallo Winery.

According to the lawsuit, Christine Chavez was run over July 8 as she lay in scattered grass and weeds under Oak trees in Beard Brook Park by a Grover Landscape employee driving a tractor pulling what is called a batwing mower. The lawsuit states the grass and weeds were 1 to 1.5 feet tall.

Gallo had just acquired the 12-acre park — which is between the winery and Stanislaus Food Products — from the city. The lawsuit states Gallo acquired the park June 30 from the city, though a Gallo spokeswoman has said the winery did not take possession of the park until July 7.

Gallo hired Grover to do weed abatement at the park on July 8, according to the lawsuit.

The lawsuit was filed Feb. 16 in Stanislaus County Superior Court. Chavez’s family also is suing Modesto and Stanislaus County, alleging negligent inflection of emotional distress for failing to pick up all of Chavez’s remains.

The lawsuit states the city and county had a legal obligation to pick up the remains and assumes they did not because Chavez was homeless and therefore did not have family who loved her. The lawsuit also states Chavez’s survivors include a 9-year-old daughter.

“To the contrary,” the lawsuit states, “Cristobal Chavez and Josefina Chavez (Chavez’s parents) visited the location daily after being told of the devastating incident. While visiting, Cristobal Chavez and Josefina Chavez both found body parts of their beloved daughter at this location.”

Family members set up a shrine at the park in honor of Chavez.

‘My sister was loved’

Family members said in a previous Bee story that she loved to joke, make funny videos and dreamed of being famous one day. “My sister was loved,” said her older brother Randy Chavez of Arizona. “The only thing she wanted was to be free.”

Her father has said she became a transient in the last three or four years of her life. Family members declined to comment without checking with their attorney first. The family is represented by Fresno attorney Kevin G. Little, who did not respond to an email seeking comment.

Beard Brook had once been a gem among Modesto’s parks but had fallen into disuse since the 1990s and had become a hot spot for drug use, illegal dumping and homeless encampments.

The lawsuit alleges Gallo failed to put up signs or fencing or take other measures to let people know the park was no longer public property until after Chavez’s death.

The lawsuit also alleges the Grover employee failed to first check the areas before he mowed them. The lawsuit states Modesto had hired Grover for a number of years to do park maintenance, including at Beard Brook.

The lawsuit identifies the Grover employee only by his initials. The lawsuit states he was wearing “in-ear hearing protection” and a hood that fit over his head and shoulders to protect him from dust and pollen as he drove the tractor. The lawsuit states the hood has a 10-inch-by-10-inch screen for vision.

The employee discovered Chavez after his third pass with his tractor and mower around noon and called the police, according to the lawsuit. The lawsuit states Chavez’s body was gray and “had clear signs of being chopped by the batwing’s blades.”

Grover, Gallo issue statements

“After a review of this matter, we have determined this was a tragic accident,” Stanislaus County Chief Deputy District Attorney Wendell Emerson said in a statement. “There is no evidence that demonstrates that the driver of the industrial mower intentionally ran over Christine or was aware that a person was sleeping or unconscious in the tall grass. The evidence suggests that Christine was concealed by the tall grass prior to being run over.

“Further, there was no evidence to suggest the driver was aware that homeless individuals would sleep or be unconscious in the area being mowed. The day of the incident was the first time the driver had mowed the area. The driver was cooperative and tested negative for the use of illicit drugs. Because we would not be able to meet our burden of proof ..., we are declining to criminally charge the driver.”

Emerson said his office has informed Chavez’s family of that decision and expressed the office’s condolences for the loss of their loved one.

Grover Landscape Services issued this statement: “We are aware of the complaint filed by the family of Christine Chavez. Out of respect for them and because this is a matter of active litigation, we are not going to respond to specific allegations within the complaint. Our attorneys continue to have discussions with the Chavez family’s legal team to see if we can resolve this matter.

“Grover Landscaping has been a respected member of the Modesto business community for generations and has never been involved in a situation such as this. We remain deeply saddened by this unfortunate accident and, once again, we extend our prayers and sympathies to Miss Chavez’s family and friends.”

A Gallo spokeswoman expressed condolences to Chavez’s family but said the company does not comment on pending litigation.

County Counsel Thomas Boze said “we are still reviewing the facts underlying the complaint and do not have a comment at this time.” The city did not respond to a request for comment.

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