The family of a 7-year-old boy who died after being hit by a driver last year has filed a claim against Long Beach alleging the city was negligent and failed to properly maintain the surrounding area where the crash occurred with adequate road signals, in addition to several other contributing factors.

Gabriel Garate was headed to Stearns Champion Park to play baseball with his father on the afternoon of July 26, 2022, when the 7-year-old was struck and killed by the driver of a pickup truck who failed to yield as they crossed 23rd Street on Lakewood Boulevard.

Police close off a portion of Lakewood Boulevard while investigating a fatal traffic collision Tuesday, July 26, 2022. Photo by Jason Ruiz.

In the family’s claim, which was filed by an attorney on their behalf last month, they allege the city is responsible for Garate’s death because the intersection of Lakewood Boulevard and 23rd Street had “dangerous conditions” at the time of the crash, citing inadequate speed restriction signs and bushes that blocked the sightline of drivers.

These conditions, according to the lawsuit, existed due to the city’s “negligent, unsafe, improper and inadequate ownership, control use, operation, management, construction, maintenance, repair, design and supervision” of the area where the crash occurred.

As a result, there was a substantial and unreasonable risk of death or serious bodily harm when Garate used the amenities at this intersection, according to the lawsuit.

The Long Beach city attorney’s office declined to comment, as the claim is still being investigated.

A claim for damages is typically followed by a lawsuit unless the city decides to pay the money. However, the claim filed by Garate’s family doesn’t specify what compensation they’re seeking.

The family’s attorney said they are still in the early investigation phases of the claim and declined to comment further.

Garate was described by his family last year as a happy and goofy kid who dreamed of working on videos games when he grew up. He went through many hobbies, but his latest was baseball, his father said.

After Garate’s death, more than $32,000 was raised on GoFundMe to help cover the cost of his funeral.

The driver accused of striking Garate, 58-year-old James Barnes, was arrested at the scene of the crash on suspicion of felony vehicular manslaughter with gross negligence, but was released the following day on $50,000 bail. It’s not clear if he has yet been charged.

‘It should have never happened’: Family grieves 7-year-old killed while crossing street with father