Sean Merriman, 32, was part of a three-man Caltrans crew repairing potholes on U.S. 101 near Hellyer Avenue in San Jose, April 4, 2006, when a tow truck skidded on wet roads and crashed into the work site. The tow truck pushed a Caltrans truck into the work site, pinching Merriman between two vehicles. He died instantly, said Robert Bohn, the family's attorney.

Merriman's parents, Craig and Jacqui Merriman, brought a civil suit against the driver, Louis Estrada Vasquez, and his then-employer, Ponzini's Community Garage of Morgan Hill. Vasquez also faces criminal charges and will stand trial for vehicular manslaughter 8:45 a.m. Monday at the Hall of Justice in San Jose.

"The hardest thing in my life, besides losing my son, has been trying to put a dollar value on his life," said Jacqui Merriman, breaking into tears. Neither she nor her attorney would specify how much the case was settled for, only saying that it would be substantial enough to fund the endowment for at least the next 20 years.

After a legal battle spanning more than two years, the family hopes to move on using the endowment, which was up through the Gilroy Foundation and aims to aid local children.

"The fund will ensure that the good Sean would have done will go on even after we're gone," said Jacqui Merriman. She said her son had a big heart and would frequently help strangers down on their luck. Born and raised in Gilroy, she could think of no better place to benefit from the settlement, she said.

By turning their loss into hope for others, the Merrimans said they were able to find closure with the ordeal. They blame Ponzini's and Vasquez for the wrongful death of their son, claiming that Vasquez was negligent and perhaps under the influence of illicit drugs at the time of the crash, Bohn said. Their claim further alleged that Ponzini's was negligent in hiring and retaining Vasquez and letting him drive their trucks. Ponzini's and Vasquez countered with a claim that Caltrans was at fault for creating a dangerous scene and failing to follow state regulations, Bohn said.

"He never should have been driving for Ponzini's in the first place," Bohn said.

The wrongful death suit is backed by evidence that Vasquez has a long and public history of drug use, possession and trafficking, Bohn said. According to a Merced County criminal complaint filed a year before Merriman's death, Vasquez sustained multiple felony convictions for narcotic possession and trafficking dating back to 1984. The complaint also alleged that he served time in state prison for these offenses.

Bohn asserted that, had Ponzini's conducted the appropriate drug screening prior to hiring a Vasquez to drive the largest vehicle in the fleet, they would have discovered his record and known about two separate incidences when Vasquez was found in a vehicle on the side of the road, overdosed on drugs.

The Merrimans also welcome donations to the fund which can be made through the Gilroy Foundation. For more information, call Donna Pray at 842-3727 or visit www.gilroyfoundation.org/contact.htm.