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Daughters seek damages in the death of mother
By JOSH ZIMMER
© St. Petersburg Times, TAMPA -- Relatives of Lydia Perez, the 65-year-old woman run over last December by former Tampa Sanitation Department Director Wayne Brookins, are seeking $200,000 in damages from the city. In a claim filed this week, Perez's daughters seek compensation for medical bills related to their mother's accident and for the emotional loss that followed her death. Perez died on Feb. 10, two months after she was hit while crossing Spruce Street near Dale Mabry Highway. The $200,000 claim is the maximum that can be sought from the city. The claim says Brookins hit Perez as he drove his city car to Ybor City to reportedly check on new trash bins. It says Brookins probably was not paying attention to the road. Brookins, who retired several months after the accident, told police he swerved to avoid a person who was walking with Perez but that he did not stop after hitting what he thought was a street sign. Once he noticed damage to the left front windshield, he said he returned to the accident scene. Police recommended charging Brookins with hit-and-run but the State Attorney's Office declined to prosecute, saying the case would be hard to prove because Brookins eventually did return to the scene. The claim puts the city on notice that the family may sue, and initiates a mandatory six-month review period. During that time, the city could decide to settle with the family, enter mediation or challenge any lawsuit, said Michael McNabb, the city's chief of claims and safety. "It's very early to say where this will go," McNabb said. Vivian Perez estimated her mother's medical bills at more than $200,000. Ricardo Roig, the Perez family's attorney, said a private accident analysis indicates Brookins should have had ample time and distance in which to see Perez on the well-lighted road. The conclusion that Brookins was not paying attention is supported by several factors, Roig said, including witness accounts that he was speeding, and the discovery of a cell phone on his seat, on which he may have been talking.
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From the Times Sandra Thompson |
