Family of Injured Clifton Student Files $36 Million Claim Against City

The family of a sixth grader who was severely injured in a hit and run collision in January is alleging that the city is responsible for the accident and should pay $36 million in damages, according to city records.

Berenice De La Torre, 12, while crossing Huntington Drive on her walk home from school on Jan. 27, 2012. Her family filed a claim with the city seeking $36 million in damages to cover the cost of medical bills, loss of earnings and emotional distress.

"Ms. Berenice De La Torre, a minor, by and through her parent, Marisela Nuno, alleges that the City created a dangerous condition of public property, failed to warn, failed to mark and/or sign the street, has a defective design and location, created a trap, and operated an intersection in a dangerous manner at the time of the accident," according to a city agenda report written by Danielle Tellez, Monrovia's human resources manager.

Tellez recommends that the city deny the claim because she said that an investigation revealed De La Torre was crossing Huntington Drive outside a designated crosswalk.

"Based on the events of the accident, the configuration of Huntington Drive and Canyon Boulevard, there is no basis to allege a dangerous condition of public property, there does not appear to be a history of similar accidents at the location of this incident," Tellez wrote.

The and pleaded guilty to a felony hit and run charge. She was .

De La Torre returned to Clifton for the first time in June when she was