In a lawsuit filed Wednesday, Luana Aparecida Vera Santana says a car struck her in the crosswalk on Kilby Road near the Powderwood Condos bus stop two years ago.
Santana, who is from Santa Catarina, Brazil, had disembarked from a westbound bus Aug. 3, 2023, and claims she was walking in the crosswalk shortly after 10 p.m. when an eastbound SUV struck her.
The lawsuit claims Santana fractured her skull, nose and ankle, sustained a brain injury and is permanently impaired as a result.
The driver of the 1998 Dodge Durango, who told sheriff’s deputies they didn’t see Santana, wasn’t charged.
A sheriff’s office accident report says the case wasn’t referred to county prosecutors because the driver remained on the scene to assist and did not appear intoxicated. Deputies also said “lighting and heavy rain conditions” likely contributed to the incident.
Santana is not suing the driver but instead Summit County and High Valley Transit for monetary damages to be determined by the court.
The lawsuit alleges the crosswalk Santana used from the westbound bus stop to the other side of the road is unsafe because of a lack of lighting, signals or signs in advance.
A photo included in court papers shows there was a sign present at the crosswalk itself when Santana was hit. But the lawsuit says it’s also difficult for eastbound traffic to see because it’s on the other side of a small hill.
Santana’s attorneys didn’t return a request for comment July 31. Summit County declined to comment.
In an email, High Valley Transit Executive Director Caroline Rodriguez told KPCW the agency is aware of the incident and said “our thoughts are with the individual and their family during this difficult time.”
“While we cannot comment on the specifics of pending litigation, we can confirm the complaint appears to focus solely on any public entity with jurisdiction, which may reflect insurance considerations rather than questions of fault,” she wrote.
Since the incident, bus routes along Kilby Road have changed.
There are now a handful of new westbound stops that require passengers to cross Kilby Road to reach apartments, condominiums or Quarry Village. Some do not have crosswalks.
Rodriguez further said safety is HVT’s highest priority and that the agency is “committed to working with all parties to ensure a full understanding of what occurred.”
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