A District Court judge has dismissed a lawsuit brought against the city of Sparks by the family of a day laborer who was killed when a vehicle struck him while standing on a sidewalk in February 2006.

Marcos Guadarrama was part of a group of day laborers who congregated on a sidewalk seeking work at Glendale and Galletti Way when Martin Guzman lost control of a speeding vehicle that he had previously stolen. Guzman’s vehicle struck and killed Guadarrama and injured several others.

The lawsuit claimed the city of Sparks was negligent by providing an unprotected sidewalk where passing motorists could veer into groups of day laborers.

In dismissing the lawsuit, the court held that the city of Sparks did not create a dangerous condition. The court ruled that it was the day laborers congregated on the sidewalk who “created a hazardous condition.”

“While this was a sad and unfortunate occurrence, the city of Sparks cannot guarantee the safety of those who use its sidewalks from vehicles that are being driven in a reckless manner” Sparks city attorney Chet Adams said.

Adams said Guadarrama’s family first filed a claim against the city in September 2007 seeking in the neighborhood of $12 million. When the city denied the claim, the family filed suit. The suit never made it to trial, Adams said, as the judge dismissed it before any hearings were held.

Guzman, the driver of the car, fled the incident and is believed to be in Mexico, Adams said. When he lost control of his car, Guzman had kidnapped a former girlfriend and was driving her away, according to Sparks Tribune reports from 2006. Adams said Tuesday that the girlfriend’s attempts to get away may have precipitated the reckless driving that led to hitting Guadarrama.

Adams said it is city policy to seek reimbursement for legal fees, but in this case the cost is only a few hundred dollars since the suit was dismissed early in the process.

Sparks has an ordinance that predates the 2006 incident making it a misdemeanor to stop in a public place and pick up or negotiate with day laborers, Adams said.