Woman files claim in son’s death

A woman who lost her 43-year-old son in a fatal bicycling accident in Newport Coast during the summer blames “unsafe and hazardous roadway conditions,� according to a wrongful death claim filed against the city of Newport Beach.

In legal papers filed earlier this month, Boonville, Ind., resident Karen Benefiel claims the city is negligent in the death of her son, Darryl Benefiel.

The cyclist died after sustaining massive head trauma and other injuries when a car hit him about 5 p.m. July 23 at the intersection of Ridge Park Road and Tesoro. A 22-year-old man driving a Honda Accord struck Darryl Benefiel as the motorist tried to make a left turn from Ridge Park onto Tesoro, according to the claim.

Benefiel was pronounced dead at the scene.

There were no yield or stop signs at the intersection where he died, and no bicycle lane, said Karen Benefiel’s attorney, Joseph Higuera.

“We certainly would like the city to do something about this intersection to make people more aware of cyclists in the area who are virtually invisible to motorists — people don’t look for them,� Higuera said.

The area is a popular cycling destination because of a large hill, Higuera said.

Karen Benefiel seeks unspecified damages for “loss of love, affection and companionship, loss of consortium, emotional distress and future emotional distress, and loss of financial support and assistance.�

“She was very close to her son — it was a very typical mother-and-son relationship; he was an integral part of their family,� Higuera said.

City officials still are looking into the validity of Karen Benefiel’s claim, but a preliminary investigation at the time of the accident did not uncover any fault on the part of the city, according to a memo from City Atty. David Hunt.

No defects in the roadway or intersection of Ridge Park and Tesoro have been discovered that contributed to the death of Darryl Benefiel, according to the memo.

“Should a dangerous condition be identified, the city would take prompt action to remedy it, but nothing has come to light to date,� Hunt said in the memo. “The city is not insensitive to Ms. Benefiel’s loss. It simply has not been presented with any facts that show it has any responsibility for that loss.�