NATIONAL CITY – The family of a man who died from an asthma attack -- which they allege was triggered by exhaust from a nearby truck driving school -- filed a $2.1 million claim against the city of National City, saying it shouldn't have allowed the school in a residential neighborhood.

Attorney John Clune filed the claim last week on behalf of the widow and children of 67-year-old Javier Jimenez, who died Jan. 29.

The claim says the city was negligent in allowing Momax Truck Driving School to operate at that site and that by doing so the city caused Jimenez's death.

That area of the city, also known as Old Town, is zoned light industrial/residential, which means the trucking school was allowed to operate next to homes and a school.

City Attorney George Eiser said the city is not responsible for the actions of its residents or business owners.

"I see no negligence on the part of the city," Eiser said.

The Jimenez family has lived upstairs from the Momax office on West 19th Street near Harding Avenue for 12 years. Javier Jimenez's bedroom overlooked the lot where trucking students practice.

The Jimenezes said that when they opened their windows, they were blasted with Momax exhaust. Family members said Jimenez developed asthma after Momax moved in three years ago.

He had frequent coughing attacks that would send him to the doctor, said his wife, Luz Elena Jimenez. The day Javier Jimenez died, she watched him turn purple before passing out, she said.

Complaints from neighbors, the Environmental Health Coalition and nearby Kimball Elementary School teachers, who said children were affected by the fumes as well, prompted the city to adopt a no- truck-idling ordinance in April.

The city's west side is a hodgepodge of older, small homes and auto body, welding and machine shops, and other industrial businesses.

It's a dangerous mix, environmentalists say.

"There's been a breakdown in the Old Town National City planning process," said Toni LoPresti of the Environmental Health Coalition. "You have dozens of businesses that are using on a daily basis toxic chemicals that are known to and suspected of causing everything from rashes to cancer."

Because the west side is zoned light industrial/residential, the city can't be held accountable for the businesses in the neighborhood, Eiser said.

"The city is obviously concerned about the welfare of the residents, and that's why the idling ordinance was enacted," he said. "But the city isn't responsible for the actions of the residents."

The city has 45 days to respond to the claim before a lawsuit can be filed.

OVERVIEW

Background: Javier Jimenez died on Jan. 29 after suffering an asthma attack, which family members say was induced by inhaling exhaust from a Momax Truck Driving School tractor-trailer.

What's happening: Jimenez's family filed a $2.1 million wrongful death claim against National City last week.

The future: The city has 45 days to respond to the claim before the family can file a lawsuit.