Family sues drunk driver for death of 11-year-old daughter Mahi Kothari

Photo: Mahi Kothari

By REENA RATHORE

CUPERTINO, CA – On April 27, the life of a young man ended tragically and shocked the community. 11-year-old Indian-American Mahi Kothari was fatally struck by a pickup truck driven by Adam Chien Wu, 38. Wu was believed to be under the influence of drugs. The collision also left three other children, ages 4, 7 and 8, seriously injured, including a fractured vertebra and a brain injury.

Mahi succumbed to her injuries on May 1. The two victims' families have now filed a wrongful death lawsuit against Wu and others involved, demanding justice for the devastating loss.

The lawsuit filed in the Superior Court of California alleges that Wu, while drunk, recklessly drove his truck into the bike lane and mowed down a group of children who were legally walking in the bike lane on Foothill Boulevard, a street with no continuous sidewalks. His truck collided with another vehicle, hit a utility pole and slammed into the children, investigators said. Several 911 calls described a horrific scene that could have been prevented.

Mahi's parents, the Kothari family, are represented by Seema Bhatt and Mark Fong of Minami Tamaki LLP. Another family, the Doshis, are represented by Richard Schoenberger and Sara Peters of Walkup, Melodia, Kelly and Schoenberger. The suit seeks unspecified damages.

“I had heard about this before I even knew the family was seeking legal representation. And it hit me… it was so tragic to hear about four children who were just walking, you know, doing nothing wrong and then being hit by a car driven by a driver who did something wrong. And it hurt my heart when I found out she had died. When the family reached out to me, I just wanted to do whatever I could to help them find some measure of justice,” Bhatt told India-West. “As a plaintiffs' personal injury lawyer, all I can do is get people money. That's all I can do. In a case like this, I just feel as a human being that it's obviously never enough… I feel a little helpless, but that's what we have.”

Wu was arrested on suspicion of driving under the influence of drugs causing bodily harm, but was later released.

The legal team representing the families wants to hold not only Wu accountable, but also others who may have enabled the tragic incident. “This lawsuit makes claims against him and other family members who loaned him the vehicle and should have been aware of his past and handling of vehicles,” she said.

According to the lawsuit, Wu was driving a vehicle owned and operated by his grandparents, who had given him permission to use and drive the work truck “despite knowing that he did not possess a valid driver's license at the time, that he had a history of abusing intoxicating substances, including incidents of driving under the influence, and that they knew or should have known that he was unfit and incompetent to drive.” The lawsuit alleges that Wu, who was running an errand for his employer at the time of the incident, was acting within the scope of his employment for his grandparents, father and aunt at all relevant times.

The other three children, including Mahi's then eight-year-old sister, suffered and continue to suffer pain and suffering, mental distress, loss of joy in life, disfigurement and physical impairment, it continues.

In addition, Bhatt said they intend to add a lawsuit against the city of Cupertino for failing to provide a safe walking area for children on the street.

Foothill Boulevard, south of Stevens Creek Boulevard, where the tragedy occurred, is a busy street near a park and a school, and yet it has no sidewalks.

“From what I understand, children often walk in the bike lane, which by the way is legal when there is no sidewalk, and pedestrians have to use the bike lane to cross the street,” Bhatt noted. “The street does not have continuous sidewalks. So if a child wanted to walk to the park, even with their parents – in this case, these four children were walking with adults – but the car hit the children… Walking on that street while cars are driving by quickly is not safe enough for Cupertino residents, whether it's a child, an adult or an elderly person.”

Given these unsafe conditions, the lawsuit seeks to hold the city accountable for its negligence. “This was just a tragedy that unfolded…” she said, adding that Cupertino residents have also voiced their concerns and started an online petition calling on the city to take immediate action to prioritize pedestrian safety.

They hope that this case will bring about much-needed changes in the city's infrastructure, particularly in terms of public safety and road improvements.

Mahi was a bright and promising young girl who dreamed of using science to alleviate suffering in the world. Her passion for debate, science and music inspired her family and peers. “Apparently she had posters of Marie Curie on her desk. She was an idol for Mahi… the loss of a child is probably one of the worst pains a parent can go through. Of course, every parent thinks their child is great, but Mahi seemed to be a very bright star,” Bhatt said, underscoring the deep loss felt by all who knew her.

Mahi's parents are heartbroken and struggling with the immense pain of losing their first-born child. “She was the light of their parents' lives and they feel like their lives are over now… this was Anshul and Garima's dream home and now they can't even look outside because this happened right outside their door without basically reliving that trauma,” Bhatt revealed, expressing the depth of the family's grief. For them, no amount of money or legal battle can truly make up for the loss of their beloved daughter, she stressed.

The trauma is compounded by the fact that Mahi's sister – who not only witnessed the horrific event but was herself injured – is suffering greatly emotionally and psychologically, she said.

Wu has not yet been arrested or formally charged. While the civil suit seeks financial compensation, Mahi's family is also anxious to see justice done through the criminal courts. Bhatt is also helping the family navigate the criminal process, which, depending on the charges, could set a precedent for deaths caused by vehicles whose drivers may have been under the influence of drugs, she said.

The Santa Clara District Attorney's Office is currently in the process of filing charges against Wu. “The District Attorney's Office is working with the Santa Clara Sheriff's Office to prepare charges against him… He's at large, which is really hard for the family to accept right now… They're still gathering the final evidence to support the charges they're going to file,” Bhatt explained. “To see the person who did this get justice in the criminal system is really important to them. I just don't know how to express how heartbroken the family is. I think this goes without saying, but I don't think Mahi's mother has a reason to live anymore.”

However, the civil proceedings will continue regardless of the outcome of the criminal proceedings.