Josh Klinghoffer, a guitarist who has played with Pearl Jam and the Red Hot Chili Peppers, was sued on Wednesday for wrongful death after fatally striking a pedestrian in March while allegedly distracted by a cell phone behind the wheel of an SUV.
Klinghoffer was sued by Ashley Sanchez, the only child of 47-year-old Israel Sanchez, in Los Angeles County’s Superior Court.
Sanchez was on his way to a grocery store to make soup for his family on March 18 in Alhambra, California, according to the lawsuit. As he was walking in a crosswalk, the suit says Klinghoffer plowed into him with his vehicle.
The incident occurred near Meridian Avenue and West Main Street. Shortly before he was struck, Sanchez stopped at the corner to make sure traffic had cleared, according to the lawsuit. He was walking within a marked crosswalk and halfway across the westbound West Main Street side when Klinghoffer, who was driving a 2022 GMC Yukon with no license plates, made a left turn and struck Sanchez in the back, the suit said.
Klinghoffer made no effort to hit the brakes before striking the pedestrian, according to the lawsuit.
Klinghoffer’s attorney, Andrew Brettler, said in a statement to NBC News on Wednesday his client was involved in a “tragic accident.”
“After the car struck the pedestrian, Josh immediately pulled over, stopped the vehicle, called 911, and waited until police and the ambulance arrived. He is fully cooperating with the traffic investigation,” Brettler said.
Sanchez family attorney Nick Rowley said in a statement that Klinghoffer "should be arrested and prosecuted for homicide."
Rolwey said Sanchez followed street laws before his death. “He did everything right, looking for oncoming traffic and abiding by pedestrian signage, but tragically Mr. Klinghoffer, in a rush and on his phone, hit him fatally from behind with a large SUV. The loss and grief that the Sanchez family now faces is immense. We will not stop until there is accountability and justice for Mr. Sanchez and his family.”
Klinghoffer is currently on tour with Pearl Jam, according to Sanchez's lawyers. Following the incident, Klinghoffer never contacted the Sanchez family or shown remorse, the suit said.
Representatives for Pearl Jam did not immediately respond to a request for comment.
It was not immediately clear Wednesday afternoon which police agency investigated the pedestrian fatality.
Sanchez, who was thrown or dragged across asphalt, suffered “excruciating” injuries and was pronounced dead at a hospital about 2 and ½ hours after the collision, according to the lawsuit.
Klinghoffer had more than 40 feet of driving space and more than 10 seconds to realize a pedestrian was using the crosswalk, the suit said.
Video provided by the law firm Trial Lawyers For Justice, representing Ashley Sanchez, appears to show Klinghoffer stop after striking Sanchez. The firm also provided a still photo which appears to show Klinghoffer holding an object, an image captured mere seconds before the collision, attorneys said.
Ashley Sanchez said in a statement: “My dad was known for being a great chef, the most talented of his family, the greatest grandpa always full of love and joy,” she said. “His smile was so infectious. His life was taken by a careless act of a person who didn’t bother to look where he was driving.”
Ashley Sanchez seeks a jury trial and damages that could include funeral, burial and medical expenses, attorney fees and pain and suffering for the loss of her father’s companionship, care, love and protection, the suit said.
