San Ysidro

Family of Ice Cream Man Run Over Files Complaint Against City

According to Eliseo Salgado Mamahua's son, they seek to raise awareness about the safety of pedestrians to avoid future tragedies

The family of an 87-year-old man who lost his life when he was run over in October in San Ysidro, has decided to file a complaint against the city.

According to Eliseo Salgado Mamahua's son, they seek to raise awareness about the safety of pedestrians to avoid future tragedies.

"I never thought he was going to die so soon, and I saw him so full of life," says Francisco Mamahua, son of the victim, who leaves behind his wife, eight children, and several grandchildren, "He is no longer here, he has been stolen from us.”

According to his son, Eliseo kept the family together.

Eliseo had just parked his ice-cream truck in the 500 block of San Ysidro Boulevard on October 15 and finished a phone call with his wife when he got out of the truck and started to cross the street. Witnesses said he then stumbled in the road and was then struck by a charter bus. 

"It will continue to happen if something is not done. It could have been avoided if there were better street signs.” Francisco said.

The Mamahua Family filed a complaint against the City of San Diego, according to Robert Glassman, attorney for the Mamahua family.

"The complaint is called dangerous conditions on public property, it alleges that at the intersection near where Eliseo was crossing, there is no pedestrian crossing or signs that could have prevented his death,” Glassman said.

The office of San Diego City Mayor Todd Gloria confirmed to Telemundo 20 that the City's Risk Management Department received the claim around Dec. 20, 2021. The city does not comment on the pending claims, while the City Attorney's Office said it has not seen the complaint yet.

The bus that ran over Francisco's father belongs to the company El Correcaminos and the family filed a lawsuit for alleged negligence of the driver Juan Antonio Estrada, who according to the lawyer Glassman, did stop after the hit.

Telemundo 20 reached out to the company for comment and has not yet heard back.  

As part of the City of San Diego's new strategic plan, unveiled earlier this year, one of its focuses is to improve streets by creating safe and convenient transportation and infrastructure options for San Diegans.

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