A wrongful death trial is underway for a lawsuit filed against the city of Tucson for a drunk driving accident that left a teenager dead.

The parents of 14-year-old Jose Rincon Jr. claim the city of Tucson, Glenda Rumsey, and Chuy’s restaurant are to blame for the death of their son, who died after he was hit by a car driven by Rumsey while riding his bicycle.

The accident occurred in January 2008. After consuming 10 beers in five hours, Rumsey got behind the wheel and drove. At some point, her car struck Rincon and a friend who were riding their bicycles. Evidence later proved Rumsey’s blood alcohol concentration was .249 percent two hours after the accident, which is three times the .08 legal limit.

Rumsey has since been convicted of vehicular manslaughter and sentenced to 14 years in prison. The Rincons settled their lawsuit against Chuy’s for an undisclosed amount.

The Rincon’s attorney, Ronald Mercaldo, is arguing that the city of Tucson is also to blame for the fatal accident. He said a city engineer abandoned plans to add five feet of asphalt to the roadway. Mercaldo argued that had the road been five feet wider the accident never would have happened.  

Richard Davis, the attorney defending the city, said that Rumsey had driven on the road where the accident occurred many times, and that she knew the lanes merged. He also said there were plenty of signs, and argued that roads cannot be designed to be “drunk driver-proof.”

If you have lost a loved one in a drunk driving accident or bicycle accident, a Phoenix personal injury attorney at the Knowles Law Firm, PLC would be happy to meet with you during a free consultation to discuss your rights to wrongful death benefits. To arrange a free consultation, please contact the office today by calling (888) 332-5621 or (602) 702-5431!