Dismissal sought in crash that killed 5

The attorney for a young man charged with manslaughter in a fiery five-person fatal collision on Highway 101 two years ago is seeking a dismissal of the most serious charges, arguing there is insufficient evidence of his client?s alleged intoxication.

The judge in the criminal case against Ryan Karr considers that request Friday. And two days earlier, a recently filed civil lawsuit against Karr and both auto manufacturers will have its first hearing in Sonoma County court.

Judge Lawrence Antolini ruled after a preliminary hearing last summer that there was a strong suspicion to believe Karr, 28, of Windsor was intoxicated on Jan. 19, 2007, when his car rammed into the back of a Honda that had stopped during rush-hour traffic on northbound Highway 101.

Five members of a family died in an ensuing fire despite rescue attempts by passersby and law enforcement officers. The only survivor, Christian Flores Carlos, now 6, was severely burned and has since lost an arm, a leg and an ear to burn-related trauma, according to court records.

Karr faces misdemeanor and felony manslaughter charges. The ruling on intoxication is critical: The impairment aspect raises the manslaughter charges to felonies instead of misdemeanors.

A lawsuit filed in late December by family members of those killed name Karr, Honda and Mitsubishi, claiming negligence, wrongful death, product liability and personal injury.

The crash near Airport Boulevard killed Maria Lopez Camacho, 54, Almadelia Menera Basurto, 16, Edith Carlos Medina, 23, Fernando Flores Carlos, 7, all of Windsor, and Carmina Solorio, 23, of Mexico.

The suit seeks unspecified general and punitive damages against the two Japanese car companies and their American counterparts, in addition to damages stemming from Karr?s driving.

It alleges that the companies knew the designs of Karr?s 2001 Mitsubishi Eclipse and the family?s 1992 Honda Civic were dangerous ? particularly in collisions involving the fuel systems.

According to the CHP and witnesses, Karr?s Mitsubishi struck the back of the Honda, which erupted into flames, trapping the victims inside the burning car.

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