A lawsuit has been filed against the suspected DUI driver who allegedly killed an 11-year-old Cupertino girl and injured three other children in April. The two families — who initiated the lawsuit and are related to the children — are also planning to file a claim against the city for failing to make the street where the incident occurred safer for pedestrians.
The lawsuit, which was filed earlier this month in Santa Clara County Superior Court, claims that the 38-year-old Cupertino driver was under the influence of narcotics when his vehicle drove into the bike lane on Foothill Boulevard and struck four children who were walking there, including Mahi Kothari. Mahi was taken to a hospital and died on May 1 from her injuries, while three others – ages 8, 7 and 4 – were treated and released from area hospitals.
The boulevard, which is south of Stevens Creek Boulevard in Cupertino, has no sidewalks and pedestrians often walk in the bike lane.
In a statement, Attorney Seema Bhatt of Minami Tamaki LLP, who is representing the Kothari family, said Mahi’s parents and community are “heartbroken over the senseless loss.” The family hopes the county’s District Attorney’s office will “pursue the most serious charges against the driver and any other culpable parties.”
The Kothari family describes Mahi as a talented young girl with a passion for science, debate and music. The 11-year-old also wanted to use science to help “minimize suffering in this world.”
The children’s families state that the absence of sidewalks near Cupertino residential areas, parks and schools, such as on Foothill, forces pedestrians to walk in bike lanes, putting them at risk in the presence of impaired drivers. The families are “urging the community and local authorities to take immediate steps to improve infrastructure and ensure the safety of all road users.”