Mother suing Newport for son’s death

An Indiana woman whose 43-year-old son died this summer in a Newport Coast cycling accident has filed a wrongful death lawsuit against Newport Beach, claiming that a poorly designed road without street signs helped cause his death.

In legal papers filed earlier this month, Boonville, Ind., resident Karen Benefiel claims that the city was negligent in the death of son Darryl Benefiel.

The cyclist died after sustaining massive head trauma and other injuries when a car hit him about 5 p.m. July 23, at Ridge Park Road and Tesoro. A 22-year-old man driving a Honda Accord struck Darryl Benefiel as the motorist tried to make a left turn from Ridge Park onto Tesoro, according to the claim.

Benefiel was pronounced dead at the scene.

The driver and the owner of the car that struck Darryl Benefiel also are named as defendants in the suit.

Karen Benefiel is suing for funeral and burial expenses for her son, legal fees and damages, according to legal documents.

Attorney Joseph Higuera, who is representing the woman, could not immediately be reached for comment Tuesday.

Newport Beach city officials could not immediately be reached Tuesday to comment on the lawsuit. Newport Beach City Hall and most city offices are closed this week to save the city money in a tight budget year.

A preliminary investigation at the time of the accident did not uncover any fault on the part of the city, City Atty. David Hunt wrote in a memo earlier this year.

No defects in the roadway or intersection of Ridge Park and Tesoro have been discovered that contributed to Darryl Benefiel’s death, according to the memo.

“Should a dangerous condition be identified, the city would take prompt action to remedy it, but nothing has come to light to date,� Hunt wrote. “The city is not insensitive to Ms. Benefiel’s loss. It simply has not been presented with any facts that show it has any responsibility for that loss.�

Bicycle safety has become a hot-button issue in Newport Beach in recent months.

The city has formed a new task force on cycling safety in response to Darryl Benefiel’s death.

Newport Beach resident Frank Peters will host a New Year’s Eve bike safety ride to point out some potentially hazardous spots for local cyclists. Cyclists will meet at 8 a.m. Thursday in the parking lot of Bandera Restaurant, 3201 East Coast Hwy., for a roughly 90-minute, 10-mile ride around the city. Cyclists will need to bring $2.50 for a round-trip ride on the Balboa Island Ferry. The tour will end at Peet’s Coffee & Tea, 894 Avocado Ave.