SHEBOYGAN, Wis. (AP) – The family of a Sheboygan teen struck and killed by a city truck in 2011 has indicated that it plans to sue the city for $250,000, accusing the driver and city of negligence.
The notice of claim is a precursor to a lawsuit, although no lawsuit has been filed yet. The next step is for the claim to be introduced to the city’s Common Council, which is scheduled to happen Monday, Sheboygan Press Media reported Sunday.
The family alleges the city was negligent in the death of 18-year-old Jaime Olivas. He was crossing the street outside a crosswalk when he was struck by a Department of Public Works truck driven by a city employee.
The family said the city was negligent in mounting a leaf-collection system to the truck in a manner that obstructed the driver’s vision. It also says the driver, was worked for the city for 38 years and was 10 days from retirement, was negligent in failing to see the teen.
A call to the Sheboygan city attorney Sunday afternoon rang unanswered. The call disconnected without taking a message.
The Wisconsin State Patrol investigated the collision, concluding in 2012 that the leaf vacuum and Olivas’ decision to cross outside a crosswalk were both major factors in the accident.
The leaf systems were already slated to be replaced prior to the collision. Safety concerns prior to Olivas’ death prompted city officials to buy new leaf-vacuum systems that are towed behind trucks rather than mounted in front.