Litov Complaint

1 2 3 4 5 SUPERIOR COURT OF WASHINGTON FOR KING COUNTY

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AVIV LITOV, adult child, through his Power of Attorney TZACHI LITOV; LARA and TZACHI LITOV, his parents.

Plaintiffs,

No. COMPLAINT FOR DAMAGES

v.

CITY OF SEATTLE, a governmental entity, XU CHEN, an individual; Defendants.

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CASE SYNOPSIS

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A government tasked with the duty to provide reasonable safe roadways for the travelling

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public, cannot assert its good intentions as an excuse for making the roadways even worse.

Here, the Defendant City of Seattle, implemented a bike lane configuration in the Greenlake neighborhood. Hoping that it would make travelling safer. Instead it negligently created dangerous sight obstructions that resulted in a collision between a right turning car and a bicycle. With catastrophic results.

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Plaintiffs allege:

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COMPLAINT FOR DAMAGES - 1

STRITMATTER KESSLER KOEHLER MOORE 3600 15th Ave West, Suite 300 Seattle, WA 98119 Tel: 206-448-1777

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I.

PARTIES

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1.1

Plaintiff Aviv Litov is an unmarried person, and at all material times resided in

Seattle, King County, Washington until the incident (he now lives with his parents). His father has Power of Attorney.

1.2

Plaintiffs Lara and Tzachi Litov are the parents of Aviv, and are a married couple,

and at all material times resided in Puyallup, Pierce County, Washington with their son.

1.3

Defendant City of Seattle is a first-class city as described in RCW 35.22.010 and is

governed and organized in accordance with the Washington State Constitution Article 11, Section 10, Amendment 40.

1.4

Defendant Xu Chen, at all material times, was a resident of Bothell, Snohomish

County, Washington.

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COMPLAINT FOR DAMAGES - 2

STRITMATTER KESSLER KOEHLER MOORE 3600 15th Ave West, Suite 300 Seattle, WA 98119 Tel: 206-448-1777

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II. 2.1

NOTICE OF CLAIM FILING

Plaintiffs filed their notice of tort claims with the City of Seattle on October 31,

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2024. More than 60 days have elapsed since the claims were filed before the filing of Plaintiffs’

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complaint against Defendant City of Seattle. The filing of this claim properly satisfied the notice

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and other procedural requirements of RCW 4.96 et. seq.

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2.2

On August 1, 2024, and August 2, 2024 prior to service of the Claims for Damages

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and before the filing of this Complaint, Plaintiffs’ attorneys issued Public Records Requests to the

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following City of Seattle entities:

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a. Seattle Police Department

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• • • • •

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Incident Number: Case #24-167960 Incident Date: June 20, 2024 Incident Time: 1542 Incident Location: Green Lake Dr North and N 80th Street Investigating Officers: D. Foley, Badge #6920

Any and all records regarding vehicle collision on June 20, 2024 at 1542 hours on Green Lake Dr N and N 80th St in Seattle, WA, including, but not limited to, investigation report findings and conclusions, graphs and measurements for example LASAR measuring device, photographs (including photos of scene, investigation, and injuries of victims), videos, body cam video, dash cam video, downloads from any vehicle data recorder, driver and witness statements and/or interviews, videos of scene or witnesses, witness statements or interviews, 911 calls, CAD logs, non-party witness interviews and statements, citations, charges resulting from accident, narratives, blue book notes, memorandums, texts, social media posts, voicemails, toxicology laboratory results, criminal laboratory records or any other type of document whether in hard copy or electronic format.

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b. City of Seattle Department of Transportation Public Records Request to the City of Seattle regarding the intersection of Green Lake Drive North and North 80th Street, in the City of Seattle.

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Please produce any and all documents, computer data, and photographs or video concerning the following:

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COMPLAINT FOR DAMAGES - 3

STRITMATTER KESSLER KOEHLER MOORE 3600 15th Ave West, Suite 300 Seattle, WA 98119 Tel: 206-448-1777

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1.

All studies which the City of Seattle has reviewed and/or has in its possession, related to parked car/bus stop buffers between motor vehicle traffic and bike lanes. This includes but is not limited to those by the National Association of City Transportation Officials (NACTO), American Association of Highway and Transportation Officials (AASHTO), Federal Highway Administration (FHWA), World Resource Institution (WRI) or any other study.

2.

All studies which the City of Seattle has undertaken or authorized related to parked car/bus stop buffers between motor vehicle traffic and bike lanes.

3.

All traffic studies in the past 5 years regarding motorized vehicle and bicycle traffic (roadway and bike lane), on or within 5 blocks of the intersection of Green Lake Drive North and North 80th Street, in the City of Seattle.

4.

All studies in the past 5 years regarding the layout, signage, lighting, vegetation, traffic lights, obstructions, or other issues that involved the lane designation or flow of traffic, (roadway and bike lane), on or within 5 blocks of the intersection of Green Lake Drive North and North 80th Street, in the City of Seattle.

5.

All engineering plans in the past 5 years regarding concerning new lane layout, signs, lighting, vegetation, traffic lights, obstructions, or other issues that involved the lane designation or flow of traffic, (roadway and bike lane), on or within 5 blocks of the intersection of Green Lake Drive North and North 80th Street, in the City of Seattle.

6.

All complaints made to the City in the past 5 years regarding safety issues regarding the layout, signs, lighting, vegetation, traffic lights, obstructions, accidents, injuries, or other issues that involved the lane designation or flow of traffic (roadway and bike lane), on or within 5 blocks of the intersection of Green Lake Drive North and North 80th Street, in the City of Seattle.

7.

All documentation regarding the handling of complaints set forth in number five above.

8.

All reports, investigations, documents and materials related to motor vehicle or bicycle collision incidents in the past 5 years on or within 5 blocks of the intersection of Green Lake Drive North and North 80th Street, in the City of Seattle.

9.

The Master Plans, designing plan, or engineering plans for the layout of Green Lake Drive North and North 80th Street including the mapping of roadways, intersections, vehicle lanes, lights, bicycle lanes, installation of vegetation, signs, and lighting for the past ten (10) years.

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COMPLAINT FOR DAMAGES - 4

STRITMATTER KESSLER KOEHLER MOORE 3600 15th Ave West, Suite 300 Seattle, WA 98119 Tel: 206-448-1777

1 10.

The Seattle Bicycle Master Plan (BMP) including the Bicycle and Pedestrian Safety Analysis (BPSA) on or within 5 blocks of the intersection of Green Lake Drive North and North 80th Street, in the City of Seattle.

11.

The Vision Zero plan applicable to on or within 5 blocks of the intersection of Green Lake Drive North and North 80th Street, in the City of Seattle.

12.

All records in the possession of the City of Seattle related to a bicycle and vehicle (2022 Tesla Model Y SUV, Plate # CBL9235) collision that occurred on June 20, 2024 involving bicyclist Aviv Litov and motor vehicle driver Xu Chen.

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13.

All body worn video related to #12.

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14.

All surveillance tape records related to #12.

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15. All surveillance tape records in your position from on or within 5 blocks of the intersection of Green Lake Drive North and North 80th Street, in the City of Seattle.

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III. 3.1

JURISDICTION AND VENUE

The Superior Court of King County, State of Washington, has subject matter

jurisdiction over this action pursuant to RCW 2.08.010.

3.2

Jurisdiction and venue are proper in the Superior Court of Washington King County

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Seattle Division because the incident occurred in Seattle, King County, Washington, north of

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Interstate 90.

IV.

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FACTS

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A.

VISION ZERO

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4.1

The City of Seattle (Defendant City) has a duty to the public to provide safe

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roadways to its citizens including bicyclists on those roadways.

4.2

Vision Zero is an initiative aimed at eliminating traffic-related fatalities and serious

injuries by adopting a comprehensive, systemic approach to road safety.

4.3

In 2015, the Defendant City signed on to a Vision Zero goal, setting itself up to

COMPLAINT FOR DAMAGES - 5

STRITMATTER KESSLER KOEHLER MOORE 3600 15th Ave West, Suite 300 Seattle, WA 98119 Tel: 206-448-1777

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eliminate all serious and fatal injuries on its streets by 2030.

4.4

By signing on to Vision Zero, the Defendant City endorses the view that it can

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prevent serious and fatal injuries on its streets by taking a proactive preventative approach that

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prioritizes traffic safety as a public health issue.

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4.5

By committing to Vision Zero, the Defendant City challenges conventional traffic

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safety beliefs, which often accepts serious traffic injuries and fatalities as unavoidable; prioritizes

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flawless human behavior to prevent accidents; emphasize individual accountability; and view life-

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saving measures as costly.

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4.6

By endorsing Vision Zero, the Defendant City maintains that traffic deaths are

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preventable and integrates human failing (the idea that human beings are error prone) as a critical

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component of road design

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4.7

To reach its goal, the City of Seattle looks at traffic designs, implements

improvements, and develops design standards, that could lead to achieving its Vision Zero goals.

4.8

Developing design standards includes developing bicycle design standards,

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reducing citywide speed limits, looking at lane widths, looking at bike lanes, looking at sight

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distance for drivers or bicyclists, or looking at signage.

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4.9

The manuals listed below inform and supplement the development of bicycle

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design standards included in the Right-of-Way Improvement Manual, and are used by the

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Defendant City when planning and designing bicycle facilities:

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4.9.1

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the Development of Bicycle Facilities (“AASHTO Bike Guide”);

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4.9.2

Manual on Uniform Traffic Control Devices (MUTCD);

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4.9.3

National Association of City Transportation Officials (NACTO) Urban

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American Association of State Highway Transportation Officials Guide for

COMPLAINT FOR DAMAGES - 6

STRITMATTER KESSLER KOEHLER MOORE 3600 15th Ave West, Suite 300 Seattle, WA 98119 Tel: 206-448-1777

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Bikeway Design Guide;

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4.9.4

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and Design Guide.

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Federal Highway Administration (FHWA) Separated Bike Lane Planning

B.

GREEN LAKE AND WALLINGFORD PAVING & MULTI-MODAL IMPROVEMENTS

4.10

On July 29th, 2019, Defendant City initiated the Green Lake and Wallingford

5 6 Paving & Multi-Modal Improvement project. The project was completed in 2021.

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This project was performed in a substantial part, to further the City’s Vision Zero

8 initiative.

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As part of the project, the Defendant City redesigned lane layouts in the Green Lake

4.13

Figure 1 below is an illustration of the project’s overview:

10 area.

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COMPLAINT FOR DAMAGES - 7

STRITMATTER KESSLER KOEHLER MOORE 3600 15th Ave West, Suite 300 Seattle, WA 98119 Tel: 206-448-1777

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Figure 1: GREEN LAKE AND WALLINGFORD PAVING & MULTI-MODAL IMPROVEMENTS - PROJECT OVERVIEW

4.14

Nearly four miles bike lanes were redesigned and/or added. This included new bike

lanes along Green Lake Dr and Green Lake Way on the east side of the lake.

4.15

Figure 2 is a Southeast looking image of Green Lake Drive North before the

road design revision.

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COMPLAINT FOR DAMAGES - 8

STRITMATTER KESSLER KOEHLER MOORE 3600 15th Ave West, Suite 300 Seattle, WA 98119 Tel: 206-448-1777

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Figure 2: GREEN LAKE DRIVE NORTH BEFORE BIKE LANES ADDED

4.16

Figure 3 is a Southeast image of Green Lake Drive North after the road design

revision.

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Figure 3: GREEN LAKE DRIVE NORTH AFTER BIKE LANES ADDED

COMPLAINT FOR DAMAGES - 9

STRITMATTER KESSLER KOEHLER MOORE 3600 15th Ave West, Suite 300 Seattle, WA 98119 Tel: 206-448-1777

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4.17

the main roadway and the bike lane.

4.18

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The new configuration was premised on creating a barrier of parked cars between

The use of parked cars as a barrier creates sight obstructions such as between

vehicle drivers on the roads and bicyclists in the bike lane.

4.19

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The sight obstructions created by the parked car configurations are dangerous,

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particularly at driveways or intersections when drivers need to cross over the bike lane to complete

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a turn.

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C.

THE INCIDENT

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4.20

On June 20, 2024, Plaintiff Aviv Litov was wearing a helmet and riding his bicycle

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in the designated bike lane southeast on Green Lake Drive North.

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4.21

Plaintiff Litov had the right of way in his lane of travel.

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4.22

At the same time, a 2022 Tesla Model Y, driven by Defendant Xu Chen, was

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traveling in the same direction on the main road, intending to turn into the Green Lake Manor

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Apartment parking lot at 1340 N 79th St.

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4.23

As Defendant Chen neared her destination she was separated from Plaintiff Litov

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by a row of parked vehicles that were lawfully and properly parked in spaces so designated by the

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Defendant City.

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4.24

Defendant Chen initiated a right turn into the parking of the apartment complex but

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did not see Plaintiff Litov due to the obstruction created by the lawfully and properly parked

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vehicles in spaces so designated by the Defendant City.

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4.25

Defendant Chen would have seen Plaintiff Litov had her sight not been obstructed

by the lawfully and properly parked vehicles in spaces so designated by the Defendant City.

4.26

Defendant Chen claims she began turning just as Plaintiff Litov became visible

COMPLAINT FOR DAMAGES - 10

STRITMATTER KESSLER KOEHLER MOORE 3600 15th Ave West, Suite 300 Seattle, WA 98119 Tel: 206-448-1777

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from behind the legally parked vehicles in Defendant City-designated spaces.

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4.27

Defendant Chen failed to yield the right of way to Plaintiff Litov.

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4.28

Figure 4 taken from the incident report illustrates the scene of the collision.

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Figure 4: SPD ILLUSTRATION OF INCIDENT

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4.29

Plaintiff Litov’s view of Defendant Chen was obstructed due to legally parked

vehicles. These vehicles were in spaces designated by Defendant City.

4.30

Plaintiff Litov did not have sufficient time to take evasive maneuvers to avoid

impact with Defendant Chen.

4.31

As shown in Figure 5 below, Plaintiff Litov struck the B pillar of the Tesla with

his head, shattering the glass overlay of the pillar, and as shown in Figure 6 below, his bicycle collapsed as a result of the collision.

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COMPLAINT FOR DAMAGES - 11

STRITMATTER KESSLER KOEHLER MOORE 3600 15th Ave West, Suite 300 Seattle, WA 98119 Tel: 206-448-1777

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Figure 5: IMAGE CAPTURED BY SPD OF DEFENDANT CHEN’S VEHICLE

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Figure 6: A PICTURE OF PLAINTIFF LITOV’S BIKE TAKEN BY SPD AFTER THE COLLISION

4.32

Defendant City was negligent in redesigning the 7900 block of Greenway Lake

Drive North.

4.33

Defendant City violated established safety and design standards for roadway design

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COMPLAINT FOR DAMAGES - 12

STRITMATTER KESSLER KOEHLER MOORE 3600 15th Ave West, Suite 300 Seattle, WA 98119 Tel: 206-448-1777

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including:

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4.33...1

Inadequate sight distance for the driver turning right;

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4.33...2

Inadequate sight distance for the bicyclist travelling through;

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4.33...3

Inadequate and/or lack of signage;

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4.33...4

Inadequate or lack of pavement markings;

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4.33...5

Deviation from AASTHO standards;

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4.33...6

Deviation from the Defendant City’s safety and design standards.

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D.

INJURIES

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4.34

As a direct and proximate result of Defendants’ negligence, Aviv Litov sustained a

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profound permanently life changing traumatic brain injury (TBI) and other severe injuries for

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which he was treated at Harborview Medical Center.

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COMPLAINT FOR DAMAGES - 13

STRITMATTER KESSLER KOEHLER MOORE 3600 15th Ave West, Suite 300 Seattle, WA 98119 Tel: 206-448-1777

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Figure 7: AVIV LITOV AT HARBORVIEW AFTER THE COLLISION

13 V.

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5.1

LIABILITY

Defendant City is the entity responsible for the roadway designs related to Green

Lake and Wallingford Paving & Multi-Modal Improvement project.

5.2

Defendant City is the entity responsible for traffic control signals, signs, and

devices in Seattle (RCW 47.24.020(13)), including 7900 block of Greenway Lake Drive North.

5.3

In designing, building, and maintaining the 7900 block of Greenway Lake Drive

North, the Defendant City had a duty to exercise ordinary care in providing a roadway that was reasonably safe for ordinary travel by both motor vehicles and bicyclists.

5.4

As a proximate result of its inadequate design and maintenance, the 7900 block of

Greenway Lake Drive North was inherently dangerous for use by bicyclists.

COMPLAINT FOR DAMAGES - 14

STRITMATTER KESSLER KOEHLER MOORE 3600 15th Ave West, Suite 300 Seattle, WA 98119 Tel: 206-448-1777

1 2 3 4 5 6 7

5.5

Defendant City negligently failed to provide reasonably safe roads for ordinary

bicycle and vehicle use on the 7900 block of Greenway Lake Drive North.

5.6

As a proximate result of Defendant City’s negligence, sight obstructions were

positioned between the main area of the roadway and the bike lane.

5.7

Defendant Chen had a duty to exercise ordinary care and to act in a manner that a

reasonably careful person would have under the same or similar circumstances.

5.8

Defendant Chen negligently failed to exercise reasonable care in the operation of

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her vehicle by not keeping a proper lookout or yielding when she made the turn into the Green

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Lake Manor Apartment parking lot at 1340 N 79th St.

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5.9

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suffered damages.

As a direct and proximate result of Defendants’ combined negligence, Plaintiffs

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VI. 6.1

DAMAGES

As a direct and proximate result of the above acts, omissions, and other conduct of

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Defendants, Plaintiff Aviv Litov has suffered and continues to suffer physical injury, pain and

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suffering, mental and emotional distress, disability, disfigurement, loss of enjoyment of life, loss

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of liberty, fear, and other general damages in amounts to be proven at the time of trial.

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6.2

As a direct and proximate result of the above acts, omissions, and other conduct of

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Defendants, Lara and Tzachi Litov, Aviv Litov’s parents, have suffered economic and non-

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economic damages, individually in amounts to be proven at the time of trial. RCW 4.24.010. These

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damages include, but are not limited to the emotional distress related to caring for and maintaining

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a vigil for the benefit of Aviv Litov; and loss of emotional support, love, affection, care, services,

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companionship, and assistance.

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6.3

As a direct and proximate result of the above acts, omissions, and other conduct of

COMPLAINT FOR DAMAGES - 15

STRITMATTER KESSLER KOEHLER MOORE 3600 15th Ave West, Suite 300 Seattle, WA 98119 Tel: 206-448-1777

1

Defendant City, Plaintiff has been required to seek various health care treatments and will continue

2

to require such treatments in the future, in amounts to be proven at the time of trial.

6.4

3

As a direct and proximate result of the above acts, omissions, and other conduct of

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Defendant City, Plaintiffs have suffered and will continue to suffer lost wages, lost earning

5

capacity, as well as other special damages, in amounts to be proven at the time of trial.

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6.5

Plaintiffs have incurred other damages to be proven at the time of trial.

VII.

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PRAYER FOR RELIEF

WHEREFORE, Plaintiffs pray for judgment against Defendants jointly and severally as

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follows:

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1.

For Judgment of liability.

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2.

For special and general damages in amounts to be proven at trial;

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3.

For costs and disbursements;

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4.

For statutory attorneys’ fees;

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5.

For statutory interest on the judgment from the date judgment is entered until paid

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6.

For prejudgment interest on liquidated damages;

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7.

For such other and further relief as the Court may deem just and equitable.

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in full;

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///

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COMPLAINT FOR DAMAGES - 16

STRITMATTER KESSLER KOEHLER MOORE 3600 15th Ave West, Suite 300 Seattle, WA 98119 Tel: 206-448-1777

1 DATED this 3rd day of January, 2025.

2 STRITMATTER KESSLER KOEHLER MOORE

3 4 5

Karen K. Koehler, WSBA#15325 Mo Hamoudi, WSBA #48512 3600 15th Ave W, Ste 300 Seattle, WA 98119 206-448-1777 karenk@stritmatter.com mo@stritmatter.com Counsel for Plaintiffs

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COMPLAINT FOR DAMAGES - 17

STRITMATTER KESSLER KOEHLER MOORE 3600 15th Ave West, Suite 300 Seattle, WA 98119 Tel: 206-448-1777

EXHIBIT A

LIMITED POWER OF ATTORNEY

STATE OF WASHINGTON

)

County of Pierce

)

SS.

l' Aviv Litov do hereby make, constitute and appoint rzachi attorney-in-fact for me and in my name, place and use and benefit:

l'

Litov my true and lawful

stead, and on my behalf, and for my

To exercise or perform any act, power, duty, right or

that I now have, or may hereafter acquire the legal right, power perform, in connection with, arising from,

or capacity to exercise or

or relating to the filing and management of my

lawsuit against the city of seattle and Xu chen for personal sustained on June 2a,2024, as a resurt of their combined

2'

obligation whatsoever

injuries and damages I

negrigence.

This Limited Power of Attorney does not atter the General

of Attorney: Finances and the General Power of Attorney:

Durable power

Health care, that I previously

executed on July 15,2024, appointing my parents.

3'

I grant to said attorney-in-fact full power and authority to do, take,

and

perform all and every act and thing whatsoever

requisite, proper, or necessary to be done, in the exercise of any of the rights and powers herein granted, as fully to all intents and purposes as I might or could do if personally present, with full power of substitution or revocation, herein ratiffing and confirming all that said attorney-in-fact, or ** substitute or substitutes, shall lawfully do or cause to be done by virtue of this power of attorney and the rights and powers herein granted.

9'

The rights, powers and authority of said attomey-in-fact herein

granted shall commence on the 3d day of January

1

ZA2S.

:,

DATED this jj''' day of January,2025 i.

t ,

ffi/

Aviv Litov

srArE oF WASHTNGTON County of

Pierce

I SS.

i

I certify that I know or have satisfactory evidence that Aviv Litov signed this .instrument and acknowledged it to be his/her fiee and voluntary act for the uses and

purposes mentioned in the instrument.

Dated

tJ*n

., i.

3

L,{VERNE W BARBOS

Notary Publtc State of Washington Commlssion # 143938 rlly Comm. Explres Aug 17,2025

Notary in and for Washington, ng at My appointment expires

2

State of

l^lA