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introducing the all-new 2014 s-class. >> tonight. i team has exclusive new details on lawsuit filed against the city and county of san francisco and suspected drunk firefighters who slammed into a motorcyclist with a fire truck. good evening everyone i'm carolyn johnson >> i'm dan ashley the lawsuit blames the firefighters as well as city and county officials. >> dan is here now with a story only on abc 7 news. >> it has been 4 months since the crash and no charges have been filed against the fire truck driver, 43-year-old michael quinn. da office says there's still working the case. but quinn and the city county of san francisco just slapped with this lawsuit. video show what is happened. that

50-year-old jack frazier on the motorcycle at the top of the screen. fire truck blows through the red lit hitting frazier sending him across howard street into a fire hydrant. frazier retained a law firm that specializes in motorcycle cases to file this lawsuit against the city and county of san francisco and the firefighters at the wheel. 43-year-old michael quinn. >> this is a huge case. normally we don't put a dollar amount in the complaint but this is certainly an 8 figure case in our view. >>reporter: lawsuit says michael quinn drove the city of san francisco fire department fire truck under the influence of alcohol with conscious disregard for the rights and safety of others. quinn is under criminal investigation for driving ladder truck under the influence of alcohol. he was caught on bar surveillance camera just after the crash chugging pitcher of water. i team reported that the fire department is investigating whether other firefighters tried to help quinn avoid dui arrest. test results hours after the crash found quinn

with point 13 blood alcohol level. jack frazier suffered several broken rib, punks urd lung, breaken leg ankle foot neck back injuries. his recovery has been difficult. >> he has been twice rehospitalized since spending about a month in the hospital. for initially after this accident. >>reporter: attorneys say that jack frazier hopes the lawsuit will bring about needed change in the fire department. with the long history of drinking in station houses. >> he is concerned about this issue and would he like to see that something more be done. >> city attorney office declined to comment because they just received it. on the criminal side he doesn't believe the firefighters will ever be charged because the evidence isn't there. the blood test financially came seven hours after that crash. >> all right dan thank you. >> new details tonight on another story involve san francisco firefighters. jury has ruled in favor of a group of firefighters who sued the

department. it was all over a 2,000 8 written promotion exam to become a fire lieutenant. 15 current retired firefighters claim they were denied promotion because of their age. they accused the department of changing test scores and destroying documents. the jury agreed with them today. plaintiffs will split 3.7 million dollars in settlement money. city argued in court the scores were not altered but corrected. >> family of 2 best friends are coping with the consequences of drinking and driving. one boy was too drunk to drive his own car so his friend tack the wheel even though he was drunk too. the car spun out of control at durham road killing 17-year-old jason park. allen is live in fremont at the scene of the crash. allen? >> he said he wouldn't drink and drive and he didn't but tonight the memorial across the street mark the spot where he died. now a lot of parents are

contemplating how to have a better conversation with their kids about drinking and drivin driving. >> he was a giving person. >>reporter: even though they mourn the death of their son the hearts go out to suspected drunk driver. >> i see flt mortality that the burden this kind of memory they have to live with for rest of their life. >>reporter: police say jason and his 2 friends all 17 years of age had been drenching when jason nissan veered off durham road slammed in a tree. 1:00 o'clock sunday morning. investigators say jason was too drunk to drive his own car. so his best friend took the wheel with jason in the front passenger seat and third friend in back. police would not release the driver's name but they say he's facing dui and manslaughter charges. >> he wanted to take my son home. and he volunteered without maybe knowing how intoxicated he was. >>reporter: impact of the

deadly wreck has shakeen all of jason friend at the school. even officers in the fremont police department. >> a lot of our officers have teenagers and this incident, has really made us take a step back and many speaking with our own kid. >>reporter: jays open parents say they had open conversation about teen drinking. even signed this contract promising not to drink and drive. >> we always trusted him but as a parent we are always worried. the we always worried. >>reporter: now investigators want to know where the boy got drunk and how they got the alcohol. in fremont, allen wong abc 7 news. >> clean up continue after strong winds swept through the bay area. it toppled a large tree in danville nearly caved in the room of the home above a little girl's bedroom. she's okay. house however has been red tagged uninhabitable for the moment. wind knocked down tree in pittsburgh avrpt i

don't care and problems all over the bay area. >> the storm that brought the wind dumped snow in the sierra. more than a foot dumped. this is blue canyon along interstate 80. ski resort take advantage of the weather. they started making snow. some plan to open next month. sandy is here with live doppler 7 hd. sand why, snow falling. >> look at live doppler 7hd see the snow is coming down although it is tapering a bit. chain control right now on all roads leading to tahoe. i want to show you a picture this was sent absolutely glory from us squaw valley how beautiful this is. 10 inches of snow has fallen and still coming down when they isn't me the picture. now we lack at live doppler 7hd tracking showers around the monterey bay. i'll let you know when the cold showers moving out of town and how chilly it is going to get by morning when you 11 home. wake up weather and halloween forecast. >> thanks sandhya.

>> new at 11:00. 10 people in hayward had to find somewhere else to sleep after car crashed in the apartment building. it happened around 3 this afternoon when speeding driver ran into 2 unit building jackson street and grant. building sustained so much damage no one can live there. no one was hurt, though. hayward police not responded to calls about whether that driver was arrested. police in north bay warning people about a large protest planned for tomorrow stemming from the fatal police shooting of a teenager boy. big crowd of demonstrators expected to rally in the name of 13-year-old andy lopez in downtown santa rosa beginning at noon. today new information emerge about the deputy who shot lopez 7 times after the boy flashed a realistic air assault rifle at him. 48-year-old eric is a 24 year vet rap of the force and firearms instructor. he has written extensively on use of force by police advising officers to turn on the so-called gene when needed. >> new at 11:00 san jose

resident meet tonight to talk about how to provide young people with alternative to gang life. this is the second of 4 planned meetings hosted by gang prevention task force. tonight participant also discussed the potential link between gangs and prostitution. the task force plans to take the input from the meetings to develop plan for 2014. >> the food network guy took the witness stand today to testify against the man accused of stealing his yellow lamborgini more than 2 years ago. prosecution asked guy if he ever gave 19-year-old max wade permission to at that time sports car. answer was no. wade is accused of breaking into a san francisco auto dealership and stealing the 200,000 dollar car that guy had sent in for some maintenance. investigators eventually found tonight a richmond storage facility. >> believe it or not there's more than 1 yellow convertible lamb borrow begin probably in northern california. people would call and give reports my attorney would hear about it.

come to find out that he was driving it. >> wade also being tried on other more serious crimes. in 2011 prosecutors say he tried to murder a girl he was interested in. he could get 30 years in prison if convicted. santa clara engineer facing 10 years in prison for threatening to kill a state lawmaker. everett fashion plead in order contest to charges for threats against state senator deen. pros ca cawtors say fashion was angry about feesh cracking down on weapons. plea part of deal that several charges were rusted or dismissed. >> coming up next on 7 news. prisons could go up significantly. la local lawmaker wants to battle obesity and the new proposal hard to swallow. >> plus hot sauce in hot water. one southern california city suing the makers of this. >> you may have noticed some facebook friends changing profile pictures to injure

after? why that means they may not be as smart

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>> can of soda could eventually cost about a quarter more in san francisco. you may vote on nawr would add a special tax to sugar benches. lillian explains what make this proposal different than another sugar tax ballot measure that failed in richmond last year.

>>reporter: the idea is simpl simple. the bigger the drink the more taxes you pay. 2 cents per ounce to be exact for all sugar sweet benches. including soda. sports drink. energy drink and bottled coffe coffee. >> not a nanny state at all. we are not banning anything. >>reporter: san francisco supervisor scott weiner says the nation rising obesity rate inspired him to come up with proposal that need the approval of two-thirds of san francisco voters. >> we taxed alcohol for long time so it's not at all out of the ordinary to tax products that have some negative side effects. >>reporter: 2 cents an ounce adds up quickly. a largest 32 ounces. which means this one drink will cost an extra 64 cents. as to where all the money will go, the estimated 31 million dollars a year will good to nutrition. health. physical fitness programs. stark contrast to the failed

soda tax proposal in richmond where the money instead was earmarked for the gem fund. in a statement california for food and bench wrote such measures are unnecessary wasteful distraction from serious policy making exploratorium resident meanwhile have their opinion. >> as long as it's going to educate people on healthy lifestyle i think it's worth i it. >> i have an issue with this kind of if. >> i'm on the fence. >>reporter: proposal will be introduced before the board of supervisors tomorrow. in san francisco, abc 7 news. >> city of irwin dale in southern california is suing the maker of the wildly popular asian hot sauce. they want to stop the sauce from being made there saying the odor from the production facility is a public nuisance. lawsuit site people complaining of burning eye irritated throat and headache and the maker deny there's a problem. >> our network abc has issued an apology for segment of

"jimmy kimmel live"live, that aired a few week ago but not enough to stop hundreds of protestors to stop democrat stating around abc station around the country. this one on our door step. marches organized by a group called 80-20 which identifies itself as political organization. they are upset with segment in which a child joked about killing the people of china to help erase the u.s. debt. in a letter to the group dated last friday abc said it wouldn't do anything to upset the asian community and the segment would be edited out of the episode for any future airtion. type in to "jimmy kimmel live"live, to hear his reaction and his official response to all of this tonight at 11:35 right here on abc 7. >> plane maker air bus take a stand against shrinking airline seat. air bus calling on airline customers to set an industry standard seat bidth of

at least 18 inches on all long-haul plane to improve passenger comfort. the own research show wider seat improve passenger sleep quality as much as 53 percent. many carrier 17 inches across is now the standard seat width as airline squeeze in as many people that's can. >> squeeze too. you may have noticed friends on facebook hosting pictures of a giraffe. -- this is a riddle circulating and if you get it wrong you have to change the picture to a giraffe. here's the riddle. 3:00 a.m. door bell rings and you wake up. unexpected visitors it's your parents and they are there for breakfast. do you have strawberry jam honey wine bread and quhees is the first thing you open? if you really stumped good to our web site with the answer i'll go ahead and go straight to put a giraffe on my face book. >> why waste your time. >> go to sandhya now.

>> i have no idea. let's check out live doppler 7hd right now. we still tracking moisture with our radar and the national weather service radar did you know towards the monterey bay. you can see a lot of it is off the coast but some is reaching the ground watsonville is starting to report light rain marina rain as well and you can see this is headed to highway 152. all right so let's show you the coming up what is coming up. we are lacking at freeze warning north of clover kale tonight. it starts at 2:00 a.m. tomorrow morning and runs until 9:00 a.m. for the cold air mass settling in and of course if you have sensitive plant you weren't to bring them inside don't forget about the pet. frost advisory going up north by mountains beginning at 1:00 a.m. wednesday runs until then am this gives awe preview of the coldest air finally reaching our area heading into wednesday morning. from our exploring camera low level moisture still so we deal with low cloud in the morning. mid 50's writ now exploratorium

oakland san carlos san jose 57. currently 55 in los gatos. kg o rav camera a little bit of the clouds cover bricking up. coolest air starting to filter that the north bay. check out the temperatures. 45 right now in santa rose. you know it's a cold night when already 46 in no have the o. 49 fairfield. 57 in livermore. emeryville camera visibility looking okay but i think you may run into problems if flying out of sfo with low ceilings. chilly and breezy overnight tonight. cool weather next 2 afternoon we lack at dry conditions for halloween feshtion, that's the important forecast. the low brought the gusty winds last tonight from about 49 to about 75 miles an hour here locally. that cold low moving out of here. did produce some showers and south bay around the monterey bay. as it continued to shift out of here you are going to notice the difference in the air mass. tonight is chilly no doubt bit but even chillier in the wednesday morning sunny days expected

tomorrow morning make sure you grab the coat. scarf might come in handy and better. it's going to be cold. 36 in santa rosa. 38 napa. 42 clover dal dale. low southern areas in the 40's as you notice here. 40 fairfield. 48 oakland. san jose. san mateo. get a little breeze and feels colder 46 in santa cruz. still enough cloud cover in the afternoon. breezy at times. temperatures remaining well below average for this time of year. upper 50's to the mid 60's and check out the accu-weather 7 day forecast it's another cold morning ahead wednesday and then milder weather school parade lacking fantastic on thursday for halloween. low 60's to low 70's no. written drop for the trick or treaters keep it drew through the weekend with milder weather for the afternoon. don't forget we fall back late saturday night so sunday morning at 2:00 a.m. we go to standard time. >> thanks. >> thanks. >> all right world series well under way. >> yes. st. louis l.

>> seattle almost pulled up the upset and busch stapled as mentioned cardinals can't stop big popy. pivotal game 5 and wrap up another world series "is game 5 in st. louis and

series tied 2 gyms appease how important is the game. 65 percent of the winners of game 5 gone on to win the world series. cardinals pitcher struck out 10 but unfortunately cardinal pitcher can not figure out dave ortiz. big popy rbi double. hit 7 33 in the serie series. 1 nothing sox. no home run until now. tied at

one. boston 2 in the seventh. david ross second hit of the gym. ground rule double. boston take 2 out of 3 in saint laws with a victory. now lead the series 3-2 chance to clinch first world series at fenway on wednesday, first in 95 years. >> going home place we love to play in front of our fans and this atmosphere here these 3 games is phenomenal. we know it's equal to that if not better. and more excited about going home in the position we are. >> st. louis monday night football ram host seattle third quarter tate down the seidlin. wilson pass under thrown but tate come up with the grab. second catch of the game. ram drive down 4 seconds left. fourth and goal. incomplete. seattle hold on for a victory with only 135 yards of total offense. game up on the 49ers. raiders defensive coordinator making news yesterday handing

out the 1 finger salute to officials in the whip over pittsburg. apologized. disciplined by the team and perhaps the nfl league office after jacobs called for this supposed hit to the head of bell. appears jacob fighting for the ball and carver made his thoughts mostly clear to the official. the coach department condone this behavior but today he stood by his coach. >> i think he's done an outstanding job with this defense. i think he's a fiery emotional guy. and that's what is our players have really taken to that and i think they have embraced that. >> golfers love to watch different swings. season ending event on the champion tour, only 2 players have a shot at the season ending ballots and perry and lang. extended lead to 6 12 points winning yesterday at sudden death. last year winner tom

thinks clark will be a real challenge. >> perfect scenario. great golf course. it's really is in balance of both. the strength is the angle and dog leg and shape the shot and easy to make bogey really hard to get a good score out of this golfxd course. >> glad to have them in town. >> next on 7 news. l cost item and perfect pose. >> how one determined dad cr

ewelcome to covered california. now, you can no longer be denied coverage because of a pre-existing condition. enroll today at coveredca.com.

more than a new interior lighting system. ♪ it is more than a hot stone massage. and more than your favorite scent infused into the cabin. it is a completely new era of innovation. and the highest expression of mercedes-benz. introducing the 2014 s-class. the best or nothing. he. >> wake up weather. you want to dress warmly in the morning. chilly star. partly cloudy. breezy in spots. temperatures mid 30's to upper 40's and barely coming up at 8:00 a.m. mike will be here tracking the numbers 4:30 to 7:00 a.m. >> okay thanks very much. >> look at this dad showing off his love for his kid and photo

shop skills right in time for halloween. >> unbelievable. halloween photo of kid trick-or-treating. he used special fichblingts magical scene inspired by superman. harry potter. peter pan. >> dad spent hundreds of hours photo shopping the images you can imagine how much time this being too. we want to see your halloween photo e-mail them to this site. we share them on twitter or ns gram with the hash tag abc 7 halloween. those are cool. >> very cute. >> up next on jim kill, after jack shephard. >> thanks for watching. >> abc 7 news continues rate now on line twitter face back all the mobile devises on our news app. >> next news 4:30 tomorrow morning for all of us here we morning for all of us here we appreciate your time.

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>> dicky: from hollywood, it's "jimmy kimmel live"! tonight, dax shepard, from "the x factor", kelly rowland, and music from smallpools. with cleto and the cletones. and now, here's jimmy kimmel! [ cheers and applause ] >> thank you for watching. thank you for coming.