Family Sues DUI Driver For Death Of Daughter Mahi Kothari,11

Photo: Mahi Kothari

By REENA RATHORE

CUPERTINO, CA – On April 27, a young life was tragically cut short, stunning the community here. 11-year-old Indian American Mahi Kothari was fatally struck by a pickup driven by Adam Chien Wu, 38, who was suspected of being under the influence of narcotics. The collision also left three other children, ages 4, 7, and 8, severely injured, including a spine fracture and brain injury.

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

The lawsuit in the Superior Court of California claims that Wu, while intoxicated, recklessly swerved his truck into the bike lane and mowed down the group of children who were legally walking in the lane on Foothill Boulevard, a street without continuous sidewalks. His truck collided with another vehicle, struck a power pole, and crashed into the children, investigators said. Several calls to 911 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 lawsuit asks for unspecified damages.

“I had actually heard about this before I even knew the family was looking for representation. And it struck me…it was so tragic to hear about four children that were just walking, you know, not doing anything wrong, and then getting hit by a vehicle that was being driven by a driver that was doing something wrong. And it hurt my heart when I found out that she died. When the family reached out, I just wanted to do anything I could to help them find some measure of justice,” Bhatt told India-West. “As a personal injury attorney for plaintiffs, I can only get people money. I can’t do anything else. So in a case like this, as a human, I just feel like it’s obviously never enough… I feel a little helpless, but this is what we have.”

Wu was arrested on suspicion of driving under the influence of narcotics causing bodily injury but was later released.

The legal team representing the families intends to hold not only Wu accountable but also others who may have enabled the tragic incident. “This lawsuit brings claims against him, other family members of his that lent him the vehicle and should have known about his past history and his history being unsafe with vehicles,” she said.

According to the lawsuit, Wu was driving a vehicle owned and controlled by his grandparents, who had given him permission to use and drive the work 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, and knew or should have known that he was unfit and incompetent to drive.” It alleges that Wu, who was running an errand for his employers at the time of the incident, was at all relevant times acting within the course and scope of his employment for his grandparents, his father, and his aunt.

The other three children, including Mahi’s then 8-year-old sister, experienced and continue to experience pain and suffering, emotional distress, loss of enjoyment of life, disfigurement and physical impairment, it further alleges.

Furthermore, Bhatt said they intend to amend the lawsuit to include a claim 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 frequently traveled road near a park and a school and yet, it lacks sidewalks.

“It’s my understanding that kids often walk in the bike lane, which, by the way, is legal when there’s no sidewalk, that pedestrians are legally supposed to walk in the bike lane to traverse the road,” Bhatt noted. “The road has no continuous sidewalks. And so if a child wanted to walk to the park, even with their parents, in this case, these four kids were walking with adults, but the car hit the children… Walking on that road with cars driving by fast, this option is not safe enough for the residents of Cupertino, whether it’s a child or an adult or an elderly person.”

In light of these unsafe conditions, the lawsuit seeks to hold the city accountable for its negligence. “This was just a tragedy waiting to happen… she said, adding that residents of Cupertino have also voiced concerns, launching an online petition urging the city to take immediate action to prioritize pedestrian safety.

They hope that this case will bring about much-needed changes to the city’s infrastructure, particularly how it approaches public safety and the development of its roads.

Mahi was a bright and promising young girl who dreamed of using science to ease 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 for a parent is probably one of the worst pains to go through. Every parent obviously thinks their kid is amazing but it seemed like Mahi was a very bright star,” Bhatt shared, underscoring the deep loss felt by everyone who knew her.

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

Compounding the trauma, the emotional and psychological toll on Mahi’s sister – who not only witnessed the horrific event but sustained injuries herself – is profound, she said.

Wu has not yet been arrested or formally charged, and so while the civil lawsuit seeks monetary compensation, Mahi’s family is also focused on ensuring that justice is served through the criminal courts. Bhatt is also helping the family navigate the criminal case, which, depending on the charges, could set a precedent for deaths caused by vehicles where the driver may have been under the influence of substances, she said.

The Santa Clara District Attorney’s office is currently in the process of filing charges against Wu. “The DA, along with the Santa Clara Sheriff’s Office, is putting together the charges for him…He’s out there, which is really hard for the family to accept right now…They’re still collecting some last bits of evidence to substantiate the charges that they want to bring,” Bhatt stated. “Seeing that the person who did this also receives some justice in the criminal system is really important for them. I just don’t know how to emphasize how heartbroken the family is. I think that goes without saying, but I don’t think Mahi’s mother feels a reason to live anymore.”

However, the civil case will proceed, regardless of the criminal case’s outcome.