Arlen Ingle died after being struck by car on his 39th birthday
The survivors of Arlen Ingle, who was struck and killed Nov. 28, 2014, as he walked home from celebrating his 39th birthday are seeking at least $1 million in damage from the city.
City Attorney Heather McLaughlin has recommended the Council reject the claim at Tuesday’s meeting.
Ingle’s widow, Melissa Ingle, and their daughters, Eva, 12 and Emily, 5, are contending that dangerous conditions exist on East Fifth and Vecino streets where Arlen Ingle was struck and killed by a vehicle.
Micha Star Liberty, an Oakland attorney representing the Ingles, wrote the city to present the claim, saying the family has incurred $7,594.54 in medical and burial expenses, but also has suffered “significant emotional injuries and incurred other special and general damages in an amount and nature yet to be determined due to the short time filing requirement of Government Code section 910.”
Liberty wrote that the Ingles’ damages were expected to exceed $1 million.
She said her clients were willing to start legal action against the city as well as Mayor Elizabeth Patterson, members of the Council and the Benicia Traffic, Pedestrian and Bicycle Safety Committee and other city employees.
After buying ice cream, Arlen Ingle was struck by a motorist while crossing the street in the 1500 block of East Fifth Street after he had celebrated his birthday with his twin brother, Damian, and friends. He died of his injuries after being taken to Kaiser Permanente, Vallejo.
The claim said East Fifth Street is heavily traveled, and motorists frequently speed, especially near Interstate 780. Street lights illuminate only the west side of the street, the claim said.
Citing Benicia Speed Limits Traffic Engineering Study surveys for 2011, documents that are dated March 12, 2012, the claim said the area has moderate pedestrian activity, minor control devices and heavy traffic and congestion on East Fifth Street between Hillcrest Avenue and Military East.
The claim said residents asked the Benicia Traffic, Pedestrian and Bicycle Safety Committee on Oct. 18, 2012, for additional safety measures, including signage, for the crosswalk a block away from where Ingle was struck. Liberty wrote that the city had ample time to address the dangers.
The claim said the family has suffered “immeasurable loss,” saying Arlen and Melissa were high school sweethearts, and he had many friends in Benicia. It said the widow is entitled to compensation for loss of financial support and companionship, and the daughters should receive damages for the loss of their father’s training and guidance.
The Council will meet in closed session at 6:30 on Tuesday to discuss other legal matters. The regular meeting starts at 7 Tuesday night in the Council Chamber of City Hall, 250 East L St.
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Condolences to the family on their loss.
Knowing where this occurred, the family has valid points in their case. The city would be wise to negotiate a settlement.
Fully agree Dennis. I have had expierence with a city employee over the North and South East 2nd street crossing Military. Very dangerous. There is a bright sign that says no turn, yet the drivers ignore it and proceed. I have almost been picked at the crossing and also have seen other very dangerous incidents. The person I was working with did agree with me after he personally observed the issue, but did not seem to have the answer. Yes the police did patrol and give citations but the problem still exists. The city employee now works for another city. Better to fix it now or face a law suit later.
My condolences to the family , a little bit over a year ago since the accident I went to the meeting (bicycle and pedestrian committee ) to ask for a stop sign or one of those lighting on/off poles between Vecino and Viewmont st because cars getting of 780 w/e they sped up going up / down the hill , also I mencion them it was to dark !! Well they told me , since deadly / minor accidents were not report,it was not enough to add a stop sign there . The police provide a one if those speed limits Mobil cars for a week and a bright green sign that’s !! The main reason I went to ask for the stop sign is because a lot people walk and around school time we had kids crossing 5th east and I almost witnes a run over to a couple of kids.To sad because of the loss of this family , now the city have to get involved , I do hope at least they get compensated.
Ps please excuse my tipo I tried my best.