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City Settles For $1.8 Million in Wrongful Death Case

In 1999, engineers for the City of San Diego determined that a yield-sign was needed for drivers turning left from Pacific Highway on to Cedar Street. The sign was never installed.

Five years later, engineers proposed redesigning the intersection, but the project was abandoned because of budget cuts. Still no sign of any yield-signs.

The City continued to receive complaints about the intersection. From 2006 to 2009, 10 accidents were reported and complaints began to pile up, but still the City did nothing. Then, on April 9, 2009, Kenneth Charles Sully, CEO of eBay franchise chain iSold It, died when a driver made a left-hand turn in front of him while he was riding his new Ducati motorcycle.

Now, more than two years after Sully's death, the City of San Diego has settled for $1.8 million in a wrongful death claim brought on by the family.

City attorney Jan Goldsmith commented on the settlement during Tuesday's city council hearing. "The City is responsible for known dangerous conditions. I am, in this case, appalled, and I have communicated that. The City will do better, must do better."

"I don't like throwing people under the bus but people have to be thrown under the bus on this one," Goldsmith said, giving warning to city employees. "There is zero-tolerance for ignoring public safety."

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In 1999, engineers for the City of San Diego determined that a yield-sign was needed for drivers turning left from Pacific Highway on to Cedar Street. The sign was never installed.

Five years later, engineers proposed redesigning the intersection, but the project was abandoned because of budget cuts. Still no sign of any yield-signs.

The City continued to receive complaints about the intersection. From 2006 to 2009, 10 accidents were reported and complaints began to pile up, but still the City did nothing. Then, on April 9, 2009, Kenneth Charles Sully, CEO of eBay franchise chain iSold It, died when a driver made a left-hand turn in front of him while he was riding his new Ducati motorcycle.

Now, more than two years after Sully's death, the City of San Diego has settled for $1.8 million in a wrongful death claim brought on by the family.

City attorney Jan Goldsmith commented on the settlement during Tuesday's city council hearing. "The City is responsible for known dangerous conditions. I am, in this case, appalled, and I have communicated that. The City will do better, must do better."

"I don't like throwing people under the bus but people have to be thrown under the bus on this one," Goldsmith said, giving warning to city employees. "There is zero-tolerance for ignoring public safety."

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