A man who suffered a fractured pelvis, broken ribs, and multiple jaw fractures after when he drove into another vehicle from a sideroad onto State Route 90 last year in Benson says he never saw a stop sign because it was covered in overgrown brush, according to two lawsuits filed in connection to the collision.
Garret Rumbo’s lawsuit alleges he was airlifted to Banner-UMC after the March 16, 2020 collision which left him with severe injuries and scarring on his face. He has also undergone several surgeries due to the jaw fractures.
The collision occurred shortly before 2 p.m. at the intersection of Red Chile Road and SR90 about one mile south of Interstate 10. Red Chile Road is known locally as the Cochise College frontage road.
“Due to overgrown vegetation at the stop sign, Plaintiff did not see the stop sign, which was completely obstructed by weeds and bushes,” Rumbo’s negligence lawsuit against the City of Benson, Cochise County, and State of Arizona states. “Plaintiff proceeded onto State Highway 90, which caused a collision immediately with a motorist that was traveling northbound on State Highway 90.”
In a $4 million pre-lawsuit notice of claim against the City of Benson, Rumbo’s attorney noted his client was not familiar with the area had no way of knowing he was driving into oncoming traffic in a 55-mph zone.
“The Public Entities had a duty to remove all trees, bushes, shrubs, and weeds from within the right-of-way that interfere with the safe operation of the roadway system,” the September 2020 claim states. “A notice of claim is required under Arizona law before a lawsuit can be filed against a public entity.
The car which collided with Rambo’s vehicle was driven by Philip Lydon of Sierra Vista. According to a separate notice of claim, Lydon suffered a broken right leg, a broken left wrist, and a severe hematoma on his abdomen from the seatbelt.
Once released from the hospital, Lydon was bedridden for one month. He also experienced much difficulty receiving home health care due to the COVID-19 pandemic.
His wife Alma Lydon was in the passenger seat and was airlifted from the scene with fractured vertebrae and ribs. She remained hospitalized for six days and was unable to walk for about two months after the crash, their claim states.
The Lydons offered to settle their claims with the City of Benson for $500,000 to Alma Lydon and $300,000 to her husband. When their demands were rejected they filed their own lawsuit last month. Like Rumbo they are suing the city, county, and state, but have also named Rumbo as a defendant.
The two cases are currently assigned to different judges within the Cochise County Superior Court but will likely be consolidated in the near future. A jury trial is expected in early 2023 unless the parties negotiate a settlement.
One issue to be determined during the litigation is which public entity is legally responsible for maintenance of the vegetation, asSR90 is a state-maintained roadway with easements. Meanwhile, Red Chile Road is a city roadway that has at times been maintained by Cochise County.