City of Bellingham named in 2 lawsuits over crosswalk, bike lane safety
The city of Bellingham is the subject of two separate lawsuits filed in Whatcom County Superior Court in recent weeks. Both lawsuits are related to injuries sustained in car accidents that plaintiffs allege are related to road conditions in the city.
The first lawsuit, filed by Bellingham resident Donald Scarmuzzi on Oct. 23, states that Scarmuzzi was hit by a car while riding an electric scooter in the bike lane on West Holly Street near Cornwall Avenue on Dec. 24, 2024. The driver of the vehicle, which hit Scarmuzzi while turning into an alleyway, was also named as a defendant in the lawsuit.
Scarmuzzi sustained a “significant injury” to his left leg as a result of the crash, requiring surgery and causing “ongoing pain, suffering, emotional distress, disability, and loss of enjoyment of life,” court documents state.
The lawsuit alleges that the city owed Scarmuzzi “a duty of care to design, inspect, maintain, and ensure the bicycle lane was free from dangerous or hazardous conditions.” He is asking for monetary damages in an amount to be proven at trial.
A second, similar lawsuit was filed by Whatcom County resident Christine Jewett on Nov. 2. Jewett was hit by a car on the night of Jan. 28 while crossing Lafayette Street at the intersection of Eldridge Avenue in a marked crosswalk.
The driver, who was named as a defendant in the case, turned left onto Lafayette Street and hit Jewett because, as the lawsuit states the driver said, “there was very little street lighting at that intersection.”
The impact caused Jewett “serious, severe and permanent injuries,” including a full knee dislocation and her shinbone breaking through both sides of her knee joint. She had to have 26 surgical implants including plates, screws and synthetic grafts.
The lawsuit alleges that only one streetlight was present at the crosswalk where the Washington State Department of Transportation Design Manual says there should be a minimum of two.
Jewett is alleging negligence on the part of both the city and driver, as well as the family member who owned the vehicle. She is asking for general and special damages in amounts to be proven at trial.
Both cases are scheduled to be discussed during executive session at the Bellingham City Council meeting Monday.