KVEC radio host Dave Congalton has filed a lawsuit against the driver who allegedly hit him while he was walking in San Luis Obispo on June 30.
Congalton filed the lawsuit on Friday against Nicholas Franklin Silva, seeking more than $25,000 in damages for wage loss, hospital and medical expenses, general damage and loss of earning capacity.
Congalton was struck by a car at the intersection of Marsh and Chorro Streets while walking to a march in downtown San Luis Obispo. Congalton hosts “Hometown Radio with Dave Congalton” on weekdays from 3 to 7 p.m. and celebrated 25 years with 920 KVEC in January 2017, according to the station’s website.
A lawsuit represents only one side of the story. Silva didn’t respond to an attempt by The Tribune to reach him through Facebook on Wednesday.
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In recent weeks, Congalton has posted several Facebook comments, including one saying that he had surgery to repair “my kneecap, which is busted.” Congalton was off the air for about two weeks, and spent 48 days away from home at the hospital and a rehabilitation center.
According to Pepper Daniels, KVEC’S director of programming at American General Media, Congalton initially said the incident was “an accident.” American General Media operates the 920 AM station. Daniels relayed the message to listeners on the air while filling in for Congalton on the first day of his absence.
But Congalton told The Tribune nearly a week after the collision that he had “no memory” of being hit by a car.
Congalton said he remembered parking his car in the Marsh Street garage at about 9:50 a.m. June 30 and then exiting on foot near the intersection of Marsh and Chorro streets. That’s when things went hazy.
The next thing he knew, Congalton said, he was in the hospital with a severely injured leg and badly bruised body.
“To be honest, I have no recollection of the accident at all,” Congalton told The Tribune. “My head hit the ground and went blank for the next 30 minutes.”
San Luis Obispo police Capt. Chris Staley said his department isn’t releasing information about the incident to the public, “only to the parties involved.”
No arrest was made after police responded to the incident and took the report.