Driver disputes lawsuit by family of Hilton Head bicyclist struck and killed in April
The family of a 71-year-old bicyclist killed on Hilton Head in April is suing a local landscaping business owner they claim caused his death, according to a new lawsuit.
The lawsuit is seeking “punitive damages” against Jesus Berra, 23, of Hilton Head and his landscaping company, alleging he drove over Charles Kistner, of Buffalo, New York, on April 4 and caused “severe personal injuries that resulted in death.”
Berra is challenging the lawsuit’s account of what happened, saying Kistner was negligent and didn’t look where he was going.
What happened?
Abour 9 a.m. on Saturday, April 4, Kistner was riding his bike — he was wearing a helmet — south on Gum Tree Road on the island’s north end when he and his bike ended up on the ground at the road’s intersection with Katie Miller Drive, according to S.C. Highway Patrol Cpl. Matt Southern.
Southern said the report from the incident did not say if he fell, just that he “laid the bicycle down on the crosswalk.”
The one eyewitness to the crash said Kistner “fell off his bicycle at Katie Miller Drive,” according to a Beaufort County Sheriff’s Office report from the incident.
Berra’s pickup truck hauling a trailer with landscaping equipment was coming from Katie Miller Drive and went to turn right, according to Southern.
He said Berra disregarded the stop sign and hit Kistner.
“The driver turned right and ran over the bicycle rider. He stopped immediately and looked under his truck. The driver and passenger proceeded to pull the bicycle rider from under their vehicle,” according to the eyewitness’ account.
Berra later was charged with not adhering to a stop sign and not having a driver’s license. There were no charges relating to hitting the bicyclist.
The report said EMS found Kistner had a fractured femur and severe internal injuries. He was flown by helicopter to Memorial University Medical Center in Savannah, according to the report. He died from his injuries at the hospital, officials said.
Disputed account
Berra said there is a major piece missing from the police account and news coverage of the accident.
“It wasn’t my fault,” said Berra.
He said Kistner “was going fast” coming down the bike path, and upon seeing the truck, “he hit the brake of his bike“ and fell forward.
He claims Kistner fell and landed beneath the latch between the truck and trailer full of landscaping equipment.
“He wasn’t run over. He ran into the truck,” said Berra, “then he was run over.”
Berra said he went to make the turn and felt a bump, which was the trailer running over Kistner.
“We were leaving and didn’t see anything. We looked to the sides when we felt a hit,” said the truck’s other passenger, who gave his account to the Sheriff’s Office in Spanish.
Berra and the truck’s passenger stopped, pulled Kistner from under the trailer and called 911, he said.
“Be careful when you’re riding a bike because this guy didn’t do a stop,” said Berra. “What they’re doing I know is normal and is legal down the busy roads. But they just gotta be careful.”
Lawsuit filed
The lawsuit against Berra tells a different story.
Two calls to the attorney representing the Kistner family were not returned, but the suit alleges “Mr. Kistner laid his bicycle down in the crosswalk at Katie Miller Drive,” when Berra “disregarded the stop sign and struck and drove over” him.
The lawsuit blames Berra for “failing to take any action to avoid the fatal collision.”
When asked about why he would be sued over the fatal crash, Berra said, “Everybody is free (to do) whatever they want.”
“If it was my fault, I would’ve been in jail already.”
This story was originally published July 20, 2020 at 12:31 PM.
