Antonio Wiley, 56, was fatally struck on Route 129 in April
TRENTON -- The family of a crossing guard who was fatally struck on Route 129 in April has filed a notice indicating they may sue the city.
The tort claim, filed July 14 as a precursor to a lawsuit, alleges negligence. It accuses the city of failing to "properly maintain, inspect and/or control a known, dangerous intersection" and failing to "adopt and/or implement measures for pedestrian safety, despite the existence of plans for same."
Antonio Wiley, 56, was helping someone cross the highway at Lalor Street around 3:15 p.m. April 18 when a northbound pickup truck struck and killed him.
Police charged 42-year-old Duane Bennett, of Upper Freehold, with causing death while driving with a suspended license, but the prosecutor's office said Tuesday that the case is awaiting presentation to a grand jury and charges could be upgraded at that time.
The family's lawyer, Michael Donahue, said New Jersey, Mercer County and the Mercer County Improvement Authority have also been issued notices of intent to file suit.
A police report that was included with the claim says that Bennett was driving north on Route 129 when he saw the red light and, despite his attempts to brake, was unable to stop or slow down. He told police that before he could swerve, his Chevy Avalanche struck the rear side of a Nissan Maxima that was in the middle of the intersection waiting to make a left turn onto Route 129.
Bennett said the impact caused him to hit and drag Wiley down Route 129 before he came to a stop.
The pedestrian, who had already walked ahead of Wiley, told police he heard a loud noise and when "he looked back ... Wiley was gone."
Police say an off-duty New York City paramedic was stopped at the light when he saw Bennett "acting irate next to a red truck stating that 'I hit someone.'" The paramedic rushed over and saw Wiley wedged in the passenger side wheel well. He told Bennett to reverse so he could free Wiley, the report said. The paramedic checked for Wiley's vitals, but said he was already dead.
The report said that drugs and alcohol did not appear to be a factor.
For years, the intersection has been a concern for residents who have to cross the highway. Following Wiley's death, Assemblywoman Elizabeth Muoio (D-Mercer) called on the state Department of Transportation to forward all crash data for the road for the past decade to her office and hold a public meeting in the city's South Ward to discuss concerns and possible solutions.
It was not immediately known if anything has come from those requests.
City Council last week awarded a two-year, $63,336 contract to Wiley's employer, Tri-County Security, to continue providing a crossing guard at the intersection.
Cristina Rojas may be reached at crojas@njadvancemedia.com. Follow her on Twitter @CristinaRojasTT. Find NJ.com on Facebook.