Vickey E. Kunselman, Sardi’s daughter and the executrix of Sardi’s estate, earlier this year filed suit against Jane Shaffer and her husband, Randall, seeking $150,000 in damages in a wrongful death lawsuit.

The settlement proceeds were to do to Sardi’s 28-year-old grand-daughter.

That case, separate from the lawsuit filed against Clarion Borough and PennDOT, is pending settlement.

The lawsuit against Clarion Borough and PennDOT has been amended to include Jane Shaffer.

In the suit against Clarion Borough and PennDOT, Kunselman, through her attorneys with the Pittsburgh law firm of Rosen, Louik and Perry, alleges the borough and PennDOT were both “aware of the dangerous condition that existed at the intersection of Main Street and Fifth Avenue… and yet failed to correct the problem.”

The plaintiffs allege Sardi properly crossed the intersection when the pedestrian light signaled she was safe to do so.

Clarion Borough and PennDOT, alleges the lawsuit:

Failed to act on concerns expressed by borough council members about the intersection and the crossing lights.

Allowed traffic to turn through the intersection when the pedestrian light was lit.

Failed to protect and warn pedestrians about the dangers at the intersection.

Created a situation in which traffic could reach unsafe speeds by synchronizing the traffic signals along Main Street .

Failed to allow enough time for pedestrians to cross the intersection when the pedestrian signal is lit.

Failed to control excessive speeding traffic along Main Street .

Two weeks after Sardi’s death, former Clarion Borough Council member Jim Crooks released a letter to local newspapers in which he wrote, “The problem is when the pedestrian pushes the button to cross and gets a “walking man” he or she feels safe. They are unaware that cars turning down Fifth Avenue also have a green light.”

Crooks continued, “In addition, cars are allowed to turn right on red at that intersection. So while you’re crossing -- thinking that it is safe -- the cars think they have the right-of-way.”

Crooks said he expressed his concerns to PennDOT officials but nothing was done in response to those concerns.

Crooks also said when he was on council he opposed synchronization of the traffic signals in the borough.

For its part, the borough responded to the initial round of lawsuit filings by asserting PennDOT is solely responsible for the traffic signals and the engineering of the intersection timing.

Clarion Borough also asserted it is not liable for the incident under the Political Subdivision Tort Claims Act.

The borough, through its legal firm Dennison, Dennison and Harper, of Brookville, asserts Shaffer was responsible for Sardi’s death, alleging she violated several traffic laws.

Clarion Borough Council President Ron Wilshire, citing the ongoing litigation, said he could not comment on the lawsuit.

PennDOT’s attorneys deny a dangerous conditions exist at the intersection.

The case is pending in the Clarion County Court of Common Pleas.