The city of Sedona escaped a $10 million lawsuit when Dorald Turner failed to file before Jan. 21, but Turner?s grandson could still stake a claim for the wrongful death of his father.

The city of Sedona escaped a $10 million lawsuit when Dorald Turner failed to file before Jan. 21, but Turner?s grandson could still stake a claim for the wrongful death of his father.

Turner had one year from the date her son was killed by a motorist on Hwy. 89A to file a lawsuit after the city denied her claim.

Dave Diamond, attorney for Goldberg & Osborne, said Turner decided not to pursue the case any further, but Turner?s young grandson has until he turns 18 to file a lawsuit.

Diamond, representing the Turner family, did not comment on whether a lawsuit will be filed by the victim?s son.

Anthony Turner died around 8 p.m. Jan. 21, 2006, after a motorist hit him on Hwy. 89A in West Sedona.

A motorist hit Turner, a 21-year-old construction worker from Daytona Beach, Fla., near Andante Drive as he attempted to return to his hotel from Circle K.

Dorald Turner filed a claim June 28, 2006, for the wrongful death of her son on behalf of herself and Anthony Turner?s father and son.

The city and their insurance provider, Arizona Municipal Risk Retention Pool, denied the claim by default.

According to City Attorney Mike Goimarac, claims are denied automatically if the city or AMRRP doesn?t respond within three months.

Goimarac said the city?s denial is based on the fact that Hwy. 89A in West Sedona is not the city?s responsibility.

Hwy. 89A is a state highway.

?The city felt that they had some viable defenses, particularly that the road was not under their control at the time,? Goimarac said.

Anthony Turner died after a westbound vehicle struck him when he attempted to cross the highway after dark.

Diamond states in the claim the Sedona Police Department determined lack of proper street lighting to be a contributing factor.

Turner is one of three pedestrians killed by motorists while crossing Hwy. 89A since June 2005.

The Sedona Pedestrian Crossing Study, conducted by ADOT since Turner?s death, found a need for safety improvements on Hwy. 89A in West Sedona.

The study recommended additional pedestrian lighting and signs to warn motorists of the potential of pedestrians crossing the highway.

ADOT put signs along the corridor in August 2006 but additional lighting has not yet been installed.