Family whose son was hit by vehicle in Bellingham crosswalk sues city, federal agency
A family is suing the city of Bellingham and U.S. Immigration and Customs Enforcement after their teenage son was struck while riding his bicycle across a non-functioning crosswalk in the Barkley area in February 2022.
Matthew and Lyndsey Stodola filed a federal personal injury lawsuit Jan. 2 in the Western District of Washington in U.S. District Court against the city of Bellingham, U.S. Immigration and Customs Enforcement and Matthew Murphy, who was driving the vehicle.
Murphy was an ICE employee at the time of the incident, according to federal court records.
The Stodolas, who filed the lawsuit on behalf of their minor child, have accused ICE, Murphy and the city of Bellingham of negligence and are seeking general and special damages. They are not seeking a jury trial, federal documents show.
The Stodolas’ lawsuit accuses the city of knowing the crosswalk at issue was not functioning properly at the time and of failing to provide proper signage and other safety measures.
The lawsuit also accuses Murphy of “negligently, carelessly and unlawfully” operating the ICE vehicle he was driving. Because Murphy was an ICE employee at the time of the incident acting within the scope and duty of his job, his employer is liable for his conduct, federal court records state.
The Stodolas filed a federal tort claim for damages on June 12, but ICE denied the claim Nov. 7, leading the Stodolas to file the lawsuit.
The Bellingham Herald has reached out to the city and ICE for comment.
The incident
Shortly after 6 p.m. on Feb. 10, 2022, the Stodolas’ 14-year-old son was riding his bicycle northbound on a bike and pedestrian trail in the Barkley area.
The pathway crosses Barkley Boulevard east of Manning Street at a marked crosswalk. The crosswalk was equipped with a rapid flash beacon system to provide drivers on Barkley Boulevard additional warning that a person was crossing the street, according to court records. The flashing system is activated when a person on either side of the crosswalk presses a button.
A witness to the incident said she pressed the button on the north end of the crosswalk just prior to the collision, but only the lights on the north side of the crosswalk flashed. As the woman started to cross Barkley Boulevard from the north, the Stodolas’ son started to cross from the south, according to court records.
Murphy, who was driving an official government vehicle, was traveling eastbound on Barkley Boulevard.
While both the witness and the teenager were in the crosswalk, Murphy’s vehicle allegedly struck the 14-year-old, federal court documents state.
At the time of the collision, the pedestrian sign placed to alert drivers traveling eastbound on Barkley Boulevard was covered in plastic. The rapid flash beacon system on the south side of Barkley Boulevard — where the collision took place — also was not functioning at the time.
The Stodolas’ lawsuit alleges that city employees knew the rapid flash beacon system at this crosswalk was not working, and that the city did not provide signage or other safety measures to warn people using the crosswalk that it was not functioning properly, federal court records state.
The lawsuit accuses Murphy of failing to have his vehicle under control, failing to keep a lookout for people using the crosswalk and failing to yield the right of way to people who were using the crosswalk at the time.
“He negligently, carelessly and unlawfully drove into and upon (the teenager), injuring (the teenager),” court documents state.
The lawsuit accuses the city of failing in its duty to maintain or repair its roadways in conditions that are safe for ordinary travel.
The Stodolas’ lawsuit states that their son has suffered emotional distress, humiliation, mental anguish, physical and mental pain and suffering, a decrease in his ability to enjoy life.
The city, ICE and Murphy were sent electronic notices informing them of the lawsuit on Jan. 8, federal documents show.
