The family of an elderly Cloverdale pedestrian who suffered fatal injuries from a teen-aged hit-and-run driver has filed a claim against the city.
The family of Miguel Cuevas Sanchez, 83, alleges the design and maintenance of the intersection resulted in the driver striking Sanchez, causing his death four days later.
That is how the claim for damages is worded, although on Monday, the attorney for the Sanchez family said they aren't excusing the driver who struck him.
"It doesn't suggest the Sanchez family is not looking for the driver as the principal responsible party," said attorney Melinda Guzman.
The pickup driver, Mitch Carlson, 17, fled the scene of the Dec. 27 collision at the corner of Broad and Main streets. Carlson later admitted to charges of vehicular manslaughter and leaving the scene of a crash in juvenile court proceedings.
"He (Sanchez) was legally within the intersection at the time Mitchell Carlson struck him with a full-size pick-up," Guzman said. The intersection did not have a marked crosswalk.
Sanchez' son, Michael, 57, said his claim, a precursor to a potential lawsuit, is not just about money.
"It could be improvements for a crosswalk, not necessarily monetary," he said of the result he hopes to achieve.
Miguel Sanchez, a great-grandfather, was known for tending gardens, walking around town with his rake and forsaking a car.
"Neighbors and friends would all vouch for what a beautiful man he was — a giver in the community," said Guzman.
A couple days after Christmas, around 8:40 a.m. on a clear and dry day, Sanchez was struck while crossing at the intersection.
His son said it wasn't certain if Sanchez was coming or going from a nearby dentist office where he took care of the landscaping.
Sanchez noted there is no painted crosswalk at the intersection and there is only a two-way stop for traffic traveling in both directions on Broad Street.
Carlson was headed north on Main Street and not subject to a stop sign when the collision happened.
The case sparked even more controversy when the Sanchez family complained that prosecutors failed to inform them of key proceedings and settled the case within days of the hit-and-run, as Sanchez was dying in the hospital.
As part of the conditions of his probation and the restorative resources process established in April, Carlson was to contact authorities about installing a crosswalk, flashing lights and parking restrictions near the scene of the fatality.
City Attorney Eric Danly said Monday he was not aware of any city officials being contacted thus far about possible improvements to the intersection. And he said that putting in a crosswalk is not always a solution.
"Crosswalks don't necessarily improve safety conditions at a crossing," Danly said.
But Guzman said "the city is apparently evaluating the design. The Sanchez family observed city employees taking measurements and evaluating the design of the intersection."
The claim against the city is scheduled for consideration by the City Council on Wednesday.
City staff has recommended it be rejected and referred to the city's carrier, the Redwood Empire Municipal Insurance Fund.
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