City of Phoenix, Az,- - Wrongful death! The truth will set you free!  

nyminit 49M
7 posts
6/11/2006 8:44 am

Last Read:
6/29/2006 12:32 am

City of Phoenix, Az,- - Wrongful death! The truth will set you free!

Okay! I lost my 14 Year old son just under ten years ago, as he crossed a five lane street near his school. He and a friend were crossing at a four way intersection five nights before Christmas, 1996. this intersection over an 18 year period has claimed four pedestrians, 3 which were children, 1 adult, six souls were lost in vehicular collisions, and countless personal injury accidents not to mention the property losses. previously over the same 18 years, several thousand residents on at least six different occations, approached the city councilmen in this district to see what should be done about it, only to be stonewalled for reasons oddly resembling your typical bureaucratic red tape and buck passing. Now get this.....civil law in most major metropolis' if you will, states that municipalities can not be held negligible for a death relating to a dangerous intersection, is a judgement call!!!!! And while inquiries lead to investigations for historical death, injury, property damage, the decision to make nessesary corrections is solely a decision that someone makes only after years off the numbers being tallied up. Are you fucking serious! well i should hope after you have a body count, and countless families torn apart from the after math of tragedy, that you would take some action. We argued with these fools for 6 months, got 2200 residents to sign
in order to force the mayor and his cronies to call a public meeting to hear what excuses they had, for doing nothing over 20 years of horror!
Phone calls up to this point were unreturned, unconsidered, and useless. Oh, it gets better!
I followed the vice mayor around for two full months, after securing the signitures, which by legal standards is the amount needed for a public hearing. I didn't care if it was six other districts and that this intersection was not in those areas, I followed her until I got my one on one with the people responsible for taking action on this problem. My only intent was that something be done to make this crossing safer for pedestrians, as well as nieghborhood residents, safer in heavy traffic, trying to gain access to this street. Low and behold and absoltely to my suprise, we forced the city to opt for a fourway traffic light. Exactly six months to the day it was installed and no other family has had to go through this tragedy as we did, since. Well, it just seemed to easy....something stunk about this whole thing, so when I got 25,000 dollars from the insurance company of the driver who's car was at fault, i called an old friend of the family, an attorney , T.J. McGuillicuddy, One of the more successful lawyers when it comes to fighting with city hall. I gave him all of the 25k and asked what if anything could be done. He took the money and placed it into escrow to use for investigative expenses and such. Well I always had a gut feeling that something wasn't right about a City, making a law for itself to avoid litigation, in the event that they dropped the ball, or fell asleep, or got sick from to many donuts and frequent coffee breaks.
T.J. Hired an old friend, who was the top dog for the City of Phoenix dept. of streets and public safety for 26 years. Apparently he quit and took a job in Albequerque, NM because he couldn't beleive the shoddy info system that Phoenix uses to keep abreast of changes that would be accumulated over time. City of Phoenix, records are public info! But he also had access to computer archives and this is what was learned. Since 1983, the numbers I gave were accurate in terms of loss. Six different residential groups over this time approached with signatures, to accomplish what I did, in having a light put in. A hearing occured after each of these attempts. Phoenix was way less than forth coming with true numbers for this intersection, and later we found out that it's because nobody inputted the increase in traffic flow, residential growth, two additional lanes added, north and south, and 5 years later two, east and west. The traffic count doubled twice in this period of time. Now, I truly was not looking for anything other than somebody from Phoenix stepping up to the plate and accepting responsibility for my son, but once the gag order was placed, and two very key documents were signed out and misplaced when I was pursuing the light. Nobody could read the signature because a fatass bureaucrat spilled his coffee on the ledger, and has no recollection as to the identity of the same. Conveniently, this loyal fool huh? So, here is the dirt: Back in 1996 the acting superintendant, of streets submitted a document to be approved by city council and ultimately the mayor! This was an 11 point checklist called Criteria Warrants. In short was instituted and put into affect immediately, and it allows a more timely disposition to these dangerous spots being addressed. 11 different peramiters that if a spot met three of the criteria it would be budgeted for a stoplight, in certain situations a caution light, or slow signs, or speed enforcement, permanent, and so forth. So since 1996, this light was of issue six times publicly, and four times based on criteria generated from a newly updated tracking system. That means that in ten years leading to my sons death, the criteria,( no longer a judgement call, heres the list, and this is how you fix it!) In writing, this intersection fit the severity of a stop light, ALL TEN YEARS! They even went so far as to budget the money for it 5, of the ten years and ended up diverting the money to parks and recreation instead. So you have to ask yourself,how many lives were tragically negligible, and may be alive today? Remember the documents that were lost? The judge made a comment to the battery of sharks they have to pile a heap of paper on us, one motion after appeal, after ruling, after arguments, he said, "It's funny, my Lawyer asks to produce this document, along with more info about the application of the warrants and based on a sworn affidavit from the ex-dot guy we hired and an old employee, that they mysteriously disappeared from the file right after the suit was filed. He told them that he wasn't willing to listen to some illegal tampering of documents and that he is setting it for trial. Little does anyone know, we have copies of this document in the possesion of our DOT guy when he installed it on an old floppy disc when it was approved in 96.Since my son died I have been through a long slow, but mutual deteriorization of 23 years of married life all in this time. I have become very active in community issues involving children and the dangers that loom because the City is under staffed, and by the looks of most of the employees they are definately not overworked, and I continue to be the honest and real advocate for any community that has issues that are ignored. I raised 127,000 dollars, door to door and business to business this year alone, which is a fund I created for ground work legal fire to put under the asses of our so called elected officials. I have come to terms with my sons death, I am so thankful for the time that we had him, and after all that has happened, I am a better person and I must try to tell everyone that no matter what the world becomes, community is so very important, This site allows for the nurturing of friendships and communities are built each day. Honesty, being real, and getting involved for your community weather it be here or the true sense of community, is huge if not paramount. There is little doubt that this case is already won. So when you think that your just beating your head on the wall to do your part for the family and friends around you, persevere as best you can. And don't be afraid to look a little deeper than face value. The men and women elected to look out for our best interests, have slipped away from the community structure, and it is our duty to be sure that they regain the focus to keep it. Be real, Really! Get involved in our communities! If you get a chance please check out a song i wrote for my son's 10th anniversary of his passing! go to poems: titled "No Time To Pack"

nyminit 49M
14 posts
6/15/2006 1:56 am

thanx for your thoughts..... i know he is proud! so was i at the time! he's there! watching over me. The point is moot! community is what this is all about. be strong with all who surround you and work as a group to insure our children's futures!

nyminit 49M
14 posts
6/15/2006 1:57 am

my hunyhole......kiss me fool!!!!!you are the best!

rm_1SweetBitch 55F
8575 posts
6/20/2006 12:55 am

Wow, I am so sorry to hear about what happened to your son. I am also so sorry to hear that you had to go through all the stuff you had to go through to get something done. It is people like you that make a difference. Thank you

No Day Is So Bad It Can't Be Fixed With Great Sex!

1 SweetBitch

Become a member to create a blog