ENCINITAS (FOX5/KUSI) — Nearly four months after 12-year-old Emery Chalekian was struck and killed while using a crosswalk in Encinitas, her family said they plan to sue both the city and the driver involved in the crash.
The Chalekians attorney said the city failed to maintain safe conditions at the intersection of Encinitas Boulevard and Village Square Drive, where Emery was hit April 25. The lawsuit against the driver will claim gross negligence.
“Justice for Emery, and that means not just making sure that everyone who is responsible is held accountable, but ensuring that proper precautions are taken so that this never happens to anyone else again,” the family’s attorney, Domenic Martini said.
Emery’s parents say the grief remains constant.
“Grief is a really hard thing, and you can’t go around it, you have to go through it,” John Chalekian, Emery’s dad said.
Emery’s mom, Bridget Chalekian, said reality sinks in more and more every day.
“It’s really awful, it doesn’t go away,” she added. “School’s about to start and I know that’s going to be really hard for me. Unfortunately, it’s sinking in.”
The City of Encinitas confirmed in a statement that it received a government tort claim from the Chalekians and their attorney on July 3, 2025.
“The City is in receipt of a Government Tort Claim filed by the Chalekian’s and their attorney, and consequently cannot comment based on threat of litigation,” the city said in a statement.
The family says they don’t see the state of emergency as an agenda item on the upcoming agenda, although the city perviously said it would agendize the issue.
“Unfortunately, the state of emergency is not an item on that agenda,” said Emery’s father, Jon Chalekian, referring to next week’s city council meeting. “It’s disheartening that we are parents who have lost our daughter, and nothing is being done.”
The San Diego County Sheriff’s Office said the crash still remains under investigation.
(Except for the headline, this story has not been edited by PostX News and is published from a syndicated feed.)
