Sep 24, 2024
(KRON) -- New details about what led up to a Cupertino girl's death were revealed in a civil lawsuit recently filed on behalf of the girl's family. Eleven-year-old Mahi Kothari was with a group of young children who were walking home along South Foothill Boulevard on April 27, the wrongful death lawsuit states. The area lacks sidewalks, so the children had to walk in a bike lane. A large work truck hauling a trailer veered into the bike lane and plowed into the children. Santa Clara County Sheriff's Office investigators said the crash scene on South Foothill Boulevard near Stevens Creek Boulevard was "horrific." Mahi clung to life in a hospital for several days until she died. Another child suffered a traumatic brain injury and spinal fractures. A third child suffered a ruptured spleen. A fourth child "sustained injuries to her legs and severe mental anguish," attorneys wrote in the suit. "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," law firm Minami Tamaki LLP wrote. Three injured children who survived the collision were ages 8, 7, and 4, according to the sheriff's office. The lawsuit was filed in Santa Clara County court this month and was first reported by the Mercury News. Both the sheriff's office and the civil lawsuit identified the driver as Adam Chien Wu, 38, of Cupertino. Chien Wu was arrested by deputies in April on suspicion of driving under the influence of drugs. So far, Wu has not been charged with a crime and he remains out of custody. The lawsuit states that Chien Wu was intoxicated when he crashed, and his conduct leading up to the tragedy was "vile." Attorneys wrote that Chien Wu "recklessly" made the decision to drive "without a driver’s license while intoxicated, operating a heavy work truck and trailer on a major roadway near schools and parks, swerving the truck into a bike lane populated by small children, and mowing down those children." The crash happened in location where pedestrians often walk in the bicycle lane due to the absence of sidewalks, attorneys said. Attorney Seema Bhatt, who is representing the Kothari family, said, "The Kothari family and their community are heartbroken over the senseless loss of Mahi, who was walking home from the park with her family." Mahi Kothari (Photo courtesy Minami Tamaki LLP) Court records show that Chien Wu's driver's license was suspended as of April 2024. Defendants named in the lawsuit include Chien Wu, as well as several of his family members. Chien Wu worked as a handyman for his family's real estate and property management company in the South Bay. Wrong-way San Jose Highway 85 driver charged with murder At the time of the deadly crash, Adam Chien Wu was driving a work truck owned by his grandparents and running an errand for the company, according to lawsuit. "The grandparents had given him permission to use and drive the (truck) even though they knew that he did not have a valid driver’s license at the time, that he had a history of abusing intoxicating substances including a history of DUIs," the lawsuit claims. "Adam Chien Wu was, at the time of the (crash), running an errand for the employers," the suit states. His work truck was pulling a trailer loaded with equipment and supplies. His family either knew, or should have known, that he was unfit and incompetent to drive, the suit claims, based on his troubled driving history. 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 criminal charges against the driver. Bhatt said, "The family is hopeful that the DA’s office will hold the driver fully accountable for his actions and bring justice for Mahi."
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