wrongful death trial is underway for a lawsuit filed against the city of Tucson for a
drunk driving accident that left a teenager dead.
The parents of 14-year-old Jose Rincon Jr. claim the city of Tucson, Glenda
Rumsey, and Chuy's restaurant are to blame for the death of their
son, who died after he was hit by a car driven by Rumsey while riding
The accident occurred in January 2008. After consuming 10 beers in five
hours, Rumsey got behind the wheel and drove. At some point, her car struck
Rincon and a friend who were riding their bicycles. Evidence later proved
Rumsey's blood alcohol concentration was .249 percent two hours after
the accident, which is three times the .08 legal limit.
Rumsey has since been convicted of vehicular manslaughter and sentenced
to 14 years in prison. The Rincons settled their lawsuit against Chuy's
for an undisclosed amount.
The Rincon's attorney, Ronald Mercaldo, is arguing that the city of
Tucson is also to blame for the fatal accident. He said a city engineer
abandoned plans to add five feet of asphalt to the roadway. Mercaldo argued
that had the road been five feet wider the accident never would have happened.
Richard Davis, the attorney defending the city, said that Rumsey had driven
on the road where the accident occurred many times, and that she knew
the lanes merged. He also said there were plenty of signs, and argued
that roads cannot be designed to be "drunk driver-proof."
If you have lost a loved one in a drunk driving accident or
bicycle accident, a Phoenix personal injury attorney at the Knowles Law Firm, PLC would
be happy to meet with you during a free consultation to discuss your rights
to wrongful death benefits. To arrange a free consultation, please
contact the office today by calling