Three government agencies in the city of San Luis Obispo and one physician, have been named in a wrongful death lawsuit, per SanLuisObispo.com and other news media, for their role in the death of a 21 year-old student.
Cal Poly industrial engineering junior, M.H., was struck and killed by a truck at approximately 1 a.m. on April 4, 2010, when he wandered onto the traffic lanes of Highway 101 by mistake, per the lawsuit.
The suit claims that the city was negligent in maintaining the roadway. Coupled with that, the suit also alleges that M.H. was impaired due to a medical marijuana prescription that he was taking.
His medication is thought to have affected both his senses and his assessment when he deemed that the highway was safe enough to cross near the Santa Rosa Street exit.
M.H.’s parents, L.H. and M.H., of Upland, filed the suit.
Not mentioned in the suit is that a CHP investigation and toxicology reports also turned up alcohol and cocaine, in addition to marijuana, in M.H.’s system.
His parents contend that the questionable stretch of US-101 is poorly lit. It also has no barriers, or warning signs, to prevent pedestrians from crossing.
The suit states, “The area was frequently used as a pedestrian crossing, so much so, that a footpath was worn leading to the area where (M.H.) crossed the US-101.”
The suit contends that Doctor A.R. allegedly provided a marijuana prescription to M.H. without a true need for it. The suit continues, “(M.H.) was a healthy young man and had no medicinal need for marijuana.”
A.R. stated that she had no comment as she has yet to receive the lawsuit. She did, however, state that she bases her diagnosis and prescriptions on “medical evaluations.”
After an evaluation Dr. A.R. issues a statement that succinctly allows her patients to purchase the drug – under state law – legally.
The driver of the truck, R.R., is not named in the suit. Per the suit, R.R., of Pismo Beach, never saw M.H. coming before he hit him.
R.R. was driving a 2002 Toyota Tacoma.
An officer involved in the investigation confirmed that R.R. could not have avoided the accident.
Claims from the family, seeking monetary damages a year ago, were rejected by all three government agencies.
R.N., an assistant to the city council, sent an e-mail to news media as to why the claim was not paid. She wrote, “The area where the accident occurred was not owned or controlled by the county.”
Christine Dietrick, the city attorney, declined comment until she receives the lawsuit.
Jim Shivers, spokesman for Caltrans, an entity aware of the case, stated, “We generally don’t comment on ongoing litigation.”
The next time the parties are scheduled to meet will be on August 2 for a case management conference.
Loosing a loved one is difficult in any scenario. If you believe that your loved one died as a result of a wrongful death contact a personal injury lawyer today to discuss your case. You may be awarded monetary compensation.