Family sues city over death of motorcyclist in power outage

The family of a motorcyclist who was struck and killed by a driver last year during an evening power outage that knocked out traffic lights has sued the city of Santa Fe, claiming the darkened intersection where the fatal crash occurred should have had a backup power supply.

In a complaint filed this week in the state’s First Judicial District Court, Santa Fe County resident Michelle Hicks alleges the death of her husband, Jerry, was caused in part by the city’s negligence in maintaining the intersection of Cerrillos and Cristos roads.

When the widespread power outage struck the evening of Aug. 7, 2016, the traffic signals at the intersection went dark. An SUV driver, Megan Carrillo, struck the 39-yearold Jerry Hicks’ motorcycle from behind and rolled over him, according to police dashboard video of the crash.

Hicks, who owned an irrigation and rainwater harvesting business in town, died at Christus St. Vincent Regional Medical Center. Charges against Carrillo, including homicide by vehicle, were dismissed earlier this year without prejudice, meaning they could be filed again.

Carrillo did not notice the intersection because the traffic lights were out, Hicks’ suit against the city claims. And the city “either failed to maintain the traffic lights at the intersection or failed to place a traffic light with a backup power supply” there, the suit alleges.

Because there was no backup power or other lights or warnings at the blackout-darkened intersection, a “deadly situation” was created, the complaint says.

Hicks is seeking a jury trial, compensatory damages and damages for loss of consortium, meaning that of a spouse or family member.

In addition, because Michelle Hicks and her daughter were witnesses to the crash, the complaint states, they are entitled to bystander liability damages.

City spokesman Matt Ross said the city would have no comment on pending litigation.