Rio Salado College Online Instructors Health Care CATALINA POINTE ARTHRITIS RHEUMATOLOGY LPN/MA Retail TOTAL WINE & MORE WINE TEAM MEMBERS, CASHIER & STOCK MEMEBERS Trades/Construction Mechanical Systems, Inc. Plumbing Suprintendent General SMALL WORLD TEACHERS, ASSISTANT DIRECTOR Health Care Godwin Corp Physician Assistant Services Post Office Tucson RegionParents of bicyclists hit by car add city, restaurant to suitARIZONA DAILY STAR
Tucson, Arizona | Published: 09.04.2008
The parents of two young bicyclists who were struck by a suspected drunk driver are now suing the city of Tucson in connection with the crash, which killed one of the teenagers.
The parents of Jose Rincon and Oscar Perez filed separate lawsuits against Glenda Rumsey shortly after the crash, but recently amended their lawsuits, adding the city of Tucson and Chuy's Mesquite Broiler as defendants as well.
The 14-year-old boys were riding their bicycles east on Broadway near Vozack Lane on the East Side around 7:20 p.m. Jan. 12 when Rumsey struck both teens with her car, according to Tucson police.
Rumsey continued driving but stopped a half-mile later, police said. Rincon was killed.
Rumsey, whose blood alcohol content tested at 0.249, was indicted Jan. 22 on charges of manslaughter, aggravated assault and driving under the influence. The state's legal limit is 0.08. She was also charged with leaving the scene after causing a fatal crash.
The lawsuits claim the employees of Chuy's, 7101 E. 22nd St., served Rumsey an excessive amount of alcohol when they knew or should have known that such service "created an unreasonable risk of harm to others."
The lawsuits also allege the city was negligent in designing, constructing and maintaining the roadway. Specifically, the lawsuit alleges the city didn't make sure construction crews complied with construction plans that were approved before the accident.
As a result, the existing bike path was located within a merging area, putting bicycles and vehicles in direct conflict, the lawsuit states.
In addition, the lawsuit states lighting in the area was inadequate.
City Attorney Mike Rankin said he does not comment on pending litigation. A message left for the attorney for Chuy's parent company, JBL Restaurant Investments, was not returned.
Rumsey's criminal and civil attorneys, Michael Bloom and Steve Corradini, have indicated in court documents they intend to place the blame for the wreck on the city.
Court documents indicate Bloom hired an engineer to study the crash area.
According to court documents, the engineer believes contractors hired to improve Broadway failed to install five feet of pavement from Vozack Lane to a point 300 feet east of Vozack Lane as requested.
Because the pavement wasn't installed, the bike path the boys were riding in was "within a mer-ging condition," engineer Robert Suarez wrote in his report.
"The abrupt change between a merging condition west of Vozack to an immediate condition of driving within a marked bike path is obviously against all engineering standards and presents a very dangerous condition," Suarez wrote.
"To compound the problem, this accident happened at night, and there was no street lighting to aid a driver through this dangerous condition."
Rumsey was taken into custody last week after a court appearance because she tested positive for alcohol, but she has since posted a $75,000 bond.
A Pima County Pretrial Services Division employee told Pima County Superior Court Judge Richard Fields breath tests administered to Rumsey after court showed she had a blood alcohol content of 0.012 and 0.007.
Although far below the legal driving limit, Rumsey, 42, had been ordered not to drink alcohol and to take Antabuse, a drug that makes people ill if they drink alcohol.
Rumsey will continue to be monitored by a pretrial services case manager. She is scheduled to go to trial Oct. 14.
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