California crash brings back painful memories

Jen Lawson

Friday, July 18, 2003 | 11:09 a.m.

When Kim Riley heard about the elderly man who drove into a Santa Monica farmer's market Wednesday, killing 10 people, it struck a chord.

Riley was one of seven people hit July 6 while crossing Casino Center Boulevard at Fremont Street by a 65-year-old man who reportedly was having medical problems. She was released from University Medical Center earlier this week.

"It makes me feel that these events where they cordon off a street -- there's no guarantee that a roadblock or a street light is going to stop an inebriated or incapacitated driver," she said.

Riley, 46, of San Diego and her boyfriend, Don Brady, 56, of Las Vegas, went to the Fremont Street Experience to celebrate a birthday with friends the night of the accident.

As they were crossing the street, according to police, Gilbert Berger ran a red light and plowed into them and kept going.

Dominic Tognotti, a driver for Desert Cab, said he saw "two bodies flying."

"I said, 'Holy Christ' and I started following him," he said. Tognotti called 911 and reported where Berger was. Officers caught up with them a few blocks away.

Berger was arrested and is being held in Clark County Detention Center on $49,000 bail, a spokeswoman for the jail said. He is charged with four counts of reckless driving resulting in death or serious injury and one count of leaving the scene of an accident.

Berger told police he experienced a medical problem while driving and might have blacked out, Detective Doug Nutter said. Berger told police he didn't realize he had hit anyone. The crash is still being investigated.

Riley said she has no memory of the accident.

"I never knew I was even hit," she said. "I was unconscious and came to in the ambulance."

Brady said he saw the car coming and jumped out of the way. A side mirror hit his hip, he said.

The most seriously injured, William Marsh, 43, of Texas was on life support at University Medical Center. His wife, Dianne Marsh, was listed in good condition Thursday.

Mark Foxworthy, Riley's friend who turned 50 that weekend, was treated at UMC and released, and is undergoing medical treatment in San Diego for leg injuries.

Two others suffered minor injuries and were treated at the scene.

Attorney Ross Goodman is representing Riley, Brady and several others involved in the accident. He said he expects to file a civil lawsuit on their behalf against Berger.

Riley and Brady have kept in contact with some of the other victims, and they decided Tognotti deserves an award for going after Berger and alerting police of his location.

They're not quite sure how to go about bestowing an award upon him, but they're working on it.

"I think it would be a great thing," Brady said. "He didn't have to follow him. It seems he did it out of civic responsibility."

Tognotti said he appreciates their accolades, adding that "if one of my relatives were on the ground, I would want someone to go after the guy."

"Just think about the people who almost got hit," Tognotti said. "They'll never cross a street again without thinking of this."

Riley and Brady are also looking into setting up a trust in which people can deposit donations to help the tourists who suffered the most serious injuries. Dianne Marsh, for example, is expected to be discharged from UMC soon, but her husband is on life support. Brady said family members have traveled to Las Vegas to help them through it.

Even though she's in a wheelchair temporarily, Riley said she's relieved that her injuries weren't more serious.

"I feel the Marshes have the worst end of it," she said. "I'm counting my blessings."