A lawsuit has been filed towards the suspected DUI driver who allegedly killed an 11-year-old Cupertino lady and injured three different youngsters in April. The 2 households — who initiated the lawsuit and are associated to the kids — are additionally planning to file a declare towards the town for failing to make the road the place the incident occurred safer for pedestrians.
The lawsuit, which was filed earlier this month in Santa Clara County Superior Courtroom, claims that the 38-year-old Cupertino driver was below the affect of narcotics when his automobile drove into the bike lane on Foothill Boulevard and struck 4 youngsters who had been strolling there, together with Mahi Kothari. Mahi was taken to a hospital and died on Might 1 from her accidents, whereas three others – ages 8, 7 and 4 – had been handled and launched from space hospitals.
The boulevard, which is south of Stevens Creek Boulevard in Cupertino, has no sidewalks and pedestrians typically stroll within the bike lane.
In an announcement, Legal professional Seema Bhatt of Minami Tamaki LLP, who’s representing the Kothari household, mentioned Mahi’s dad and mom and group are “heartbroken over the senseless loss.” The household hopes the county’s District Legal professional’s workplace will “pursue the most serious charges against the driver and any other culpable parties.”
The Kothari household describes Mahi as a gifted younger lady with a ardour for science, debate and music. The 11-year-old additionally wished to make use of science to assist “minimize suffering in this world.”
The youngsters’s households state that the absence of sidewalks close to Cupertino residential areas, parks and colleges, resembling on Foothill, forces pedestrians to stroll in bike lanes, placing them in danger within the presence of impaired drivers. The households are “urging the community and local authorities to take immediate steps to improve infrastructure and ensure the safety of all road users.”
