Posted: April 10, 2019
Mary Lahti- White was struck by a motor vehicle on Tuesday, April 10, 2019. She died at University Hospital shortly afterwards.
According to news reports Chris Mullins was operating the car that struck Ms. Lahti-White. It is reported he did not see her in the crosswalk. He apparently turned onto the Humphrey street, the street Mary Lahti-White was crossing and struck her. It was reported he did not see her. Source Channel 19 https://www.fox19.com/2019/04/10/pedestrian-fatally-hit-hamilton-county/
The Hamilton County Sheriff said neither drugs and/or alchohol nor speed were factors.
Legal Commentary on Wrongful Death
When a person is killed by the negligence of another the beneficiaries are entitled to compensation for their loss.
Damages can be loss from the deceased's earning capacity, mental anguish, loss of guidance, affection, protection, advice , counsel among the many items that can be considered.
The beneficiaries, those that are entitle to recover, are named in the statute and you must be a "next of kin." However, this could be spouse, parents, children, grandchildren of the decedent. All of those that suffered a loss would be entitled to recover compensatory damages.
This is a civil cause of action. The decedent's personal representative brings the action.
Criminal Issue for Vehicular Homicide
The facts reported indicated that the driver failed to yield the right of way to a pedestrian in a crosswalk.This is a vehicular manslaughter charge.
The case is brought by the prosecutor. It is a misdemeanor of the first degree. Six months in jail could be imposed. However, absent aggravating circumstances there could be a sentence less than that.
Anthony Castelli is a Cincinnati personal injury attorney. He has over 25 jury trials and thousands of settlements. He has authored three books and actively mediates injury claims.
