Wrongful Death Lawsuit Names GreenWaste Recovery For Death of a San Jose Resident

A wrongful death lawsuit filed in San Jose by truck accident attorney Mark Boskovich the law firm of Cerri, Boskovich and Allard alleges that a recycling truck owned by GreenWaste Recovery rolled through a stop sign and struck a pedestrian who was crossing his neighborhood street.

The complaint alleges that on January 22, 2024, Mr. Silvino Eloy Garcia was on his morning walk near Bellarmine College Prep. High School in San Jose. As Mr. Garcia began to cross the intersection at McKendrie and Elm Streets, he was struck from behind by a recycling truck owned by GreenWaste Recovery. The complaint states that the recycling truck did not come to a stop, rolled through a stop sign, and after striking Mr. Garcia from behind, ran over his body. Mr. Garcia died of his injuries four days later.

"My client was several steps into the intersection, and was crossing safely and legally," attorney Mark Boskovich said. “Sadly, a neighbor’s doorbell security camera captured the entire tragedy and shows the truck rolling through the stop sign.”

According to Boskovich, Mr. Garcia, a San Jose State University graduate (1994), walked in his neighborhood every morning. He was familiar with the area and well aware of garbage and recycling trucks in the neighborhood. He and his wife operated a small business for 17-years, which allowed them to put their two children through San Jose Catholic schools. The Garcia’s daughter went to Presentation High School and their son went to Bellarmine.

GreenWaste is engaged in neighborhood garbage collection and recycling. It provides San Jose customers weekly yard trimmings and monthly street sweeping services to all residences. It calls itself Northern California's premier recycling and waste management service provider.

The fatality remains under investigation by San Jose Police.

---