The San Gabriel Valley Tribune reports the parents of an student have filed suit against the city of , as well as the driver who struck and killed their daughter in a Duarte Road crosswalk last April.
The suit, filed in August by attorney David B. Casselman on behalf of his clients, Yongjian "Richard" Zhang and Ruixia "Nancy" Zhang, alleges the city failed to take adequate action to make the crosswalk safer, despite two accidents that occurred prior to the .
The accidents took place in 2004 and 2008, well before Arcadia resident Bowen Du struck Zhang, killing her and seriously injured her friend, Priyanka Patel, 16, of Upland. Du, 19, faces up to six years in state prison if convicted of vehicular manslaughter. He has to the charge.
According to the suit, the flashing yellow lights governing the crosswalk, located in the 600 block of Duarte Road, are confusing and difficult for motorists to see in certain conditions.
“This accident has been a terrible tragedy for Alice’s parents, friends, and our community," wrote Mayor Gary Kovacic in an e-mail to Patch. "All Arcadians continue to grieve for such a loss. We have not been able to review the lawsuit yet, but are not aware of any evidence that the City of Arcadia was negligent in its efforts to protect the public.”
The suit also claims negligence on the part of Du contributed to the fatal accident; his failure to clean his dirty windshield, coupled with glare from the setting sun, created the perfect storm.
Du's attorney, Even Freed, could not be reached for comment.
In a claim against the city filed in June, Richard and Nancy Zhang asked for $5 million.
Check Patch later for updates on this story.