iNDICA NEWS BUREAU-
Two families have filed a wrongful death lawsuit against a suspected DUI driver who killed 11-year-old Mahi Kothari in Cupertino, along with other parties responsible for enabling the incident.
Seema Bhatt of Minami Tamaki LLP and other lawyers representing the families also plan to file a claim against the City of Cupertino for failing to make the street where this incident occurred safe for pedestrians.
The lawsuit against Adam Chien Wu, 38, of Cupertino, claims he was under the influence of narcotics when his vehicle struck four children, aged 11, 8, 7, and 4 years, including Mahi, on April 27 at 6:14 p.m. The incident occurred on Foothill Boulevard, south of Stevens Creek Boulevard, where pedestrians often walk in the bicycle lane due to the absence of sidewalks.
Mahi died, while the other children sustained numerous injuries, some of them critical. Mahi was a bright and talented young girl with a passion for science, debate, and music. Her wish was to use science to help minimize suffering in this world.
Mahi’s parents, the Kothari family, are represented by Seema Bhatt and Mark Fong of Minami Tamaki LLP. The Doshi family is represented by Richard Schoenberger and Sara Peters of Walkup, Melodia, Kelly, and Schoenberger. The lawsuit asks for unspecified damages.
In addition to the civil lawsuit, the Kothari family hopes that the Santa Clara County District Attorney’s office will pursue the most serious charges against the driver and any other culpable parties.
“The Kothari family and their community are heartbroken over the senseless loss of Mahi, who was walking home from the park with her family when suspected DUI driver, Adam Wu drove into the bike lane where the children were legally walking. The family is hopeful that the DA’s office will hold the driver fully accountable for his actions and bring justice for Mahi. We also extend our gratitude to law enforcement, advocacy groups, and all those who continue to work tirelessly to prevent such tragedies,” said attorney Bhatt of Minami Tamaki LLP in San Francisco, she is representing the Kothari family.
“The tragedy underscores the need for further action and community efforts to prevent DUI-related incidents as well as pedestrian and bicyclist incidents in Cupertino. The absence of continuous sidewalks near residential areas, parks, and schools, such as on Foothill Blvd, forces children, and other pedestrians to walk in bike lanes, putting them at risk, especially in the presence of impaired drivers. We urge the community and local authorities to take immediate steps to improve infrastructure and ensure the safety of all road users.”
