A driver and the city of San Mateo are responsible for the death of a 78-year-old pedestrian killed in April along West Hillsdale Boulevard and Sailer Drive, a wrongful death lawsuit contends.
An unreasonably dangerous condition existed at the intersection — and the driver of the car that struck and killed San Mateo resident Antonio Abad violated the vehicle code, according to the Dec. 20 filing in San Mateo County Superior Court.
The driver, turning left on West Sailer, did not yield the right of way to Abad, who had begun walking April 20 within the west crosswalk, according to the suit.
Abad succumbed to major critical injuries and was pronounced dead April 22 at the Stanford Hospital intensive care unit, according to the suit.
Shawn Mason, city attorney for San Mateo, said Thursday that the municipality has not been served yet with the suit. Mason declined to comment.
Attorney Dennis Moriarty of Daly City, representing the Abad family, said he expects to receive within 60 days information from the city about accident history and traffic volumes at the intersection.
That’s when “the rubber pretty much hits the road in these types of cases,” said Moriarty.
A case management conference is set for April 22.
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