Livingston denies claim on death of pedestrian

The Livingston City Council denied a claim for damages last week from the family of Bagicha Singh, who was hit and killed by a truck near Hammatt Avenue in December.

The claim was on the council’s consent calendar, which is voted on in one action typically without discussion.

Singh was hit while crossing Hammatt Avenue near Walnut Avenue the evening of Dec. 9, 2015. The driver was Kyle Hilgenberg, now 37, driving a 2000 Chevy pickup.

Singh’s widow, Balbir Kaur Dhami, alleges in her claim that the city of Livingston is at fault for her husband’s death because a streetlight in the area was out. The claim was filed on behalf of Dhami by the Srai Law Office out of Stockton.

Dhami is seeking damages in excess of $25,000.

Reached by phone Friday, Dhami’s lawyer, Gurjit Singh Srai, said he will move forward with the case once he receives a reply from the city. He wouldn’t say whether Dhami intends to file a lawsuit.

Singh was 63 when he died, leaving behind his wife, two children and grandchild.

The Livingston police investigated the incident with the help of the California Highway Patrol’s Multidisciplinary Accident Investigation Team. The scene of the crash was re-enacted with the same amount of lighting on the road, the same type of vehicle and with someone who had a similar body type to Singh, said Sgt. John Ramirez.

Sgt. Ray Fong said Singh walked eastward on the road and wasn’t at an intersection or crosswalk.

Based off the vehicle’s computer, investigators found Hilgenberg was traveling at 38 mph on the road, which has a speed limit of 40 mph, authorities said.

Livingston police forwarded the case to the Merced County District Attorney’s Office, recommending misdemeanor charges of vehicular manslaughter and driving at an unsafe speed be filed against Hilgenberg.

The District Attorney’s Office declined to file those charges, Supervising Deputy District Attorney Steve Slocum confirmed.

Fong said even though Hilgenberg was driving below the speed limit, police believe based on the conditions of the incident that Hilgenberg should have been driving slower and may have been distracted by children in his car.

When investigators re-enacted the scene, drivers had plenty of time to react driving at even higher speeds, Fong said, and the person in the roadway was visible.

This story was originally published August 7, 2016 at 5:44 PM with the headline "Livingston denies claim on death of pedestrian."