2 Scottsdale pedicab crash victims file suit - Cincinnati News, FOX19-WXIX TV

UPDATE

2 Scottsdale pedicab crash victims file suit

Three people were hospitalized after this pedicab and a car collided in Scottsdale on Jan. 4, 2013. (Source: CBS 5 News) Three people were hospitalized after this pedicab and a car collided in Scottsdale on Jan. 4, 2013. (Source: CBS 5 News)
Joseph Spano, 27, of Phoenix. (Source: Scottsdale Police Department) Joseph Spano, 27, of Phoenix. (Source: Scottsdale Police Department)
PHOENIX (CBS5) -

A lawsuit seeking millions of dollars in damages has been filed by two men hurt in a pedicab accident in Scottsdale last January.

The suit, filed by Cody Clark and Mike Tysver, names the City of Scottsdale and several businesses, REDW, a CPS firm; Axis Cigar Bar of Scottsdale; and one other, as defendants.

[Read complaint filed in Superior Court (PDF)]

Clark and Tysver claim Scottsdale was "reckless, careless and negligent" by permitting pedicabs to travel without restrictions on its roadways.

Clark is seeking $40 million and his parents, Todd Clark and Sandra Clanton, seek $3 million each for trauma caused to their family.

[Read Notice of Claim (PDF)]

Clark's suit stated he suffered a head injury and traumatic brain injuries. His medical bills for treatment and therapy ran into the millions. He remains semi-conscious, according to the Notice of Claim.

Michael Tysver's father, Joel Tysver, said his son was treated at SHC Osborn Hospital, where he had surgery on his spinal cord.

Joseph Spano, the man convicted of drunken driving when his car rear-ended the pedicab, pleaded guilty to two counts of aggravated assault and one count of endangerment. He was sentenced on Jan. 10 to four years in prison and two years of probation.

Spano and two passengers in the sedan were not hurt.

The Kansas men were in town to cheer on Kansas State University at the Fiesta Bowl and were being taken back to their hotel from a downtown Scottsdale bar when the crash occurred.

Copyright 2014 CBS 5 (KPHO Broadcasting Corporation). All rights reserved.

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