Family of man hit by city truck to sue

GRAND RAPIDS, Mich. (WOOD) - The family of a man killed in a May 2009 bicycle accident is suing Grand Rapids -- and the man responsible for the crash, a city dump truck driver.

"We're suing the city of Grand Rapids under a theory of negligence," said attorney Matt Vicari, who argues the driver shouldn't have been operating a city truck in the first place.

The family is seeking in excess of $25,000.

Greg Siemion was riding on Bridge Street when he was hit.

"It really is -- after our investigation -- really, a horrible death, because (Siemion) was dragged and scraped along Bridge Street for almost 90 feet," Vicari said.

The accident wasn't dump truck driver Benny Branch's first. His record, which dates back to 1995, shows he had been involved in more than 20 crashes, Vicari said -- including several at-fault collisions. He received a warning letter in 2002.

"I think the city driver probably shouldn't have been on the roadway driving that type of motor vehicle," he added.

The family's lawsuit claims negligence for allowing Branch to operate such a large vehicle. Two weeks before the accident that killed Siemion, Branch was driving the same dump truck and blew out the back windshield of a minivan.

"That's been very difficult for the family and for everybody else, because the death was just a tragedy and one that could have been avoided, I think," Vicari said.

The city attorney declined to talk, and said the city doesn't comment on pending cases. 24 Hour News 8 stopped at Branch's home, and his wife wouldn't comment, either.

Grand Rapids has about two weeks to respond to the lawsuit.