Simi Valley awarded $40 million in damages after cyclist dies
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The family of a woman who died in December when her bicycle was hit by an SUV has filed a total of $40 million in damages against the city of Simi Valley.
According to the allegations, first responders from the Ventura County Fire Department did not respond in time to save Patricia Cooper McGarry, who died minutes after her bicycle and SUV collided on Dec. 28. The fire department and related emergency services are contracted by the city with the county agency.
The Simi Valley City Council discussed the claims Monday during a closed session. Such lawsuits are required before a public entity can be sued for certain types of damages.
The collision occurred at about 1:46 p.m. at the intersection of Erringer and Fitzgerald roads, according to the eight related lawsuits filed in late June. McGarry was trapped under the SUV and couldn’t get out because her helmet was stuck under the vehicle, the documents say. She couldn’t breathe because of her chin strap.
According to the documents, firefighters arrived within minutes but were unable to save McGarry after she told them she could not breathe properly.
“Shockingly, no action was taken to alleviate Patricia’s condition or secure her airway, a critical procedure in medical emergencies,” the documents say.
According to the records, McGarry died of asphyxiation on the street at 1:58 p.m.
McGarry was 45, Simi Valley officials said at the time when they identified her as Patricia Cooper.
The lawsuits list the names of several witnesses, but their addresses are unknown.
The damages sought are $5 million for each of the eight surviving family members listed in documents filed with the city clerk’s office. The family members include Patricia’s husband, Timothy McGarry, their five daughters and Patricia’s two other daughters, one of whom is now an adult.
Last year, the McGarry family lived in a mobile home in southeast Camarillo, but the claim for Tim McGarry lists his current residence as an address in Simi Valley. The family could not be reached for comment.
A family member started a GoFundMe campaign after Patricia McGarry’s death to raise money for her seven daughters. As of Saturday, more than $8,000 had been raised, with the goal being $10,000.
The lawsuits were signed by Encino attorney Raffi Vartanian, who said Friday they were filed only with the city. The documents allege that county emergency responders failed to help Patricia McGarry and say “the county bears responsibility for the inadequate response” of its firefighters.
The family is not filing a lawsuit against Ventura County, Vartanian said. The attorney declined further comment.
The city does not comment on pending lawsuits, City Manager Samantha Argabrite said Thursday, but added, “I would like to extend the city’s deepest condolences to Ms. McGarry’s family.”
Dave Mason covers East County for the Ventura County Star. He can be reached at [email protected] or 805-437-0232.
