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Widow whose husband was hit and killed by a car files legal claim against San Diego for failing to act on dangerous crosswalk

Public documents show the city was aware that pedestrians were at risk on Torrey Pines Road years before Howard Wilson was killed.

SAN DIEGO — Residents and staff at the La Jolla Nursing and Rehabilitation Center warned the city that the crosswalk at 2550 Torrey Pines Road was poorly lit, with poor visibility, and a high-number of speeding cars.

In June 2020 the La Jolla Transportation Board cautioned the city that ignoring the dangers and failing to install a better lit crosswalk could "expose the City to liability in the event of a future pedestrian accident."

Credit: City of San Diego
LA JOLLA TRAFFIC AND TRANSPORTATION BOARD Annual Meeting: Wednesday June 17, 2020

That accident occurred this past Valentine's Day, on February 14, 2022, when Howard Wilson was struck and killed while returning to his car after visiting his wife, Shirley, at the La Jolla Rehabilitation and Nursing Center.

"He came to see me. We had a good visit together. he was everything to me." said Wilson. "Howard brought me a stuffed monkey and some candy. I was going home the next day. I haven't been right since."

On June 30, Wilson filed a legal claim against the city, the first step toward filing a lawsuit, alleging that the city failed to address the dangerous crosswalk and stripped Wilson of her husband of 16 years, and her sole caregiver who helped Shirley through her cognitive and physical disabilities.

"The hardest thing that I ever faced in my life was dealing with the fact that I'm never going to see him again. At least not in this life I won't," said Wilson.

Asked whether or not it upset her to find out the city was aware of the dangerous crosswalk, Wilson responded, "I am very mad because they knew what they did was wrong."

The city is put on notice

In an effort to address pedestrian safety outside of the La Jolla Nursing and Rehabilitation Center, the city installed a pedestrian-activated crosswalk in 2018. 

However, the crosswalk, according to Wilson's legal claim, was "insufficiently" lit and the crosswalk lights failed to alert drivers of pedestrians crossing the street.

Those issues were outlined during a June 17, 2020 meeting, when members of the  La Jolla Traffic and Transportation Board cautioned the city about the dangers of the crosswalk at 2550 Torrey Pines Road and urged city officials to install a more effective pedestrian crosswalk.

"The City has received a significant amount of complaints," reads an excerpt from the committee's meeting. "There is a high demand for parking on both sides of the road which requires pedestrians to cross the street throughout the day. The nearest signalized crossings are several hundred feet away in both directions. We have received a significant number of complaints/concerns from citizens over the past years regarding the safety of crossing the street in this vicinity."

Looking to improve safety the committee suggested placing a Pedestrian Hybrid Beacon which features lights above the road that flash and direct drivers to stop at the crosswalk.

The February 14 collision that killed Howard Wilson

On Valentine's Day 2022, Howard Wilson brought a bouquet of flowers and a large stuffed animal to his wife Shirley. Shirley Wilson was at the facility rehabbing after she was injured after a fall at the couple's Oceanside home. 

After his visit, just after 6 pm, Howard Wilson was crossing the street to get to his car when, according to an article in the La Jolla Light, a driver struck and killed 70-year-old Wilson.

Wilson's death was a blow to Shirley as well as their extended family and his longtime co-workers at Vista High, where he worked as a janitor for over 30-years.

"They had a lovely home together in Oceanside," said Shirley Wilson's brother-in-law, David Nelson. "We visited and they'd come down to our house for Christmas dinners and Easter and other holiday dinners and birthdays. They had a great relationship. And then when we got the call the next day from the police, it was just unbelievable, a shock. We weren't, we couldn't believe what we were hearing."

Credit: David Nelson
Photo of Howard Wilson

The day after Howard Wilson's death, David Nelson and his wife Patricia, said staff at La Jolla Nursing and Rehabilitation Center had complained about the dangerous conditions for years and oftentimes warned patients and their family members about the crosswalk.

"It's disturbing to know that the city knew about this condition, that they had been warned. Here was a situation that could have been fixed, and could have prevented Howard from being killed," said Shirley Wilson's sister, Patricia Nelson.

Councilmember Joe LaCava Urges City to Install New Crosswalk

Ten days after Howard Wilson's death, city councilmember Joe LaCava sent a memo to San Diego's Director of Transportation, Jorge Riveros, asking for the city to install a series of pedestrian improvements at the location.

In the memo, which CBS 8 obtained through a public records request, LaCava asked for new streetlights, additional warning signs, and high-intensity beacon crosswalk.

"Currently, a pedestrian can only activate one set of the flashing signs from the curb and must activate the other side upon reaching the pedestrian refuge in the median," read LaCava's memo.

Credit: City of San Diego
February 24 Memo From Councilmember Joe LaCava

The City's Transportation Director Riveros, responded to LaCava's memo nearly two months later.

In it, Riveros wrote that the city planned to upgrade the crosswalk and install new lighting but could not get to it until July 2023. Riveros also said the warning signs and street markings at the location were adequate and would not change.

In regards to the issues with the push button only lighting one side of the crosswalk at a time, Riveros stated that city technicians "corrected an operational problem" with them and are now working properly.

Credit: City of San Diego
City Response to LaCava Memo

Attorney Cynthia Chihak represents Shirley Wilson in her legal action against the city. Chihak said the city ignored numerous warnings and now her client is left without her husband and without anyone to care for her. 

"I have never seen such a blatant abuse of the system," said Chihak. "There has been notice that this wasn't working and dangerous since 2018 when they put this crosswalk in. The complaints came in immediately. Some of them said the crosswalk gave pedestrians a false sense of security and that cars weren't stopping. Pedestrians, like Mr. Wilson, thought they were safe and they weren't."

CBS 8 has reached out to Mayor Todd Gloria's Office as well as Councilmember Joe LaCava's Office.

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