SAN FRANCISCO (KGO) — A brand new lawsuit was filed towards the driving force who crashed into and killed a younger San Francisco household who was ready for a bus final 12 months within the West Portal neighborhood.
The lawsuit claims the 80-year-old driver, Mary Fong Lau secretly transferred belongings to guard them from a wrongful demise lawsuit filed by the victims’ prolonged household. It claims Lau deliberately moved three properties out of her belief to keep away from them being included within the wrongful demise lawsuit.
“We determined it was mandatory for us to file a lawsuit to undo these transfers, deliver them again into her management, and in addition to ask the courtroom to freeze any potential conduct sooner or later,” mentioned the sufferer’s household legal professional, Jim Quadra, Quadra & Coll, LLP.
In July of 2024, San Francisco District Lawyer Brooke Jenkins charged Lau with 4 counts of felony vehicular manslaughter.
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“She has, apparently, her solely protection is that there was a mechanical failure with the car. Nonetheless, we all know as a result of the police and the DA investigated the case and in the end charged it as a manslaughter, manslaughter, felony manslaughter, that the car so far as that investigation exhibits, didn’t have a failure, and it is her duty,” Quadra mentioned.
The victims’ households filed a wrongful demise lawsuit in June 2024. That civil lawsuit is on maintain till the felony case finishes.
We requested UC Regulation professor David Levine if transferring belongings throughout this course of was authorized.
“If what the household alleges is anyplace near true, the reply is not any, this isn’t authorized,” Levine mentioned. “What she is afraid of is that there will probably be a judgment towards her. The judgment will probably be so giant that the insurance coverage coverage on the automotive she was driving won’t be sufficient to pay the judgment, after which the household of the one that died will then take the judgment issued within the case after which try to gather towards different belongings.”
Lau not too long ago modified attorneys. The victims’ attorneys view this as one other transfer to delay.
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“Her lawyer, on her behalf, saved saying they wanted extra time, they wanted extra time. And so they, even most not too long ago, she modified legal professionals, which successfully delayed the felony case even additional. In order that marketing campaign of delay added to the notion that she just isn’t in any approach, in our view, taking duty for the deaths of those folks. It is a horrible tragedy that she just isn’t in any approach have taken duty for,” mentioned Quadra.
As to the transfers, Lau’s new legal professional Seth Morris confirmed the transfers did occur and mentioned partly:
“Whereas Ms. Lau was suggested to reorganize her property holdings within the months following the accident, none of those transfers have been meant to evade potential injury arising from this heartbreaking occasion,” Morris mentioned.
Jenkins could not communicate in regards to the ongoing felony case however defined typically why some circumstances could also be delayed.
“This isn’t sadly unusual, and we are likely to see it in additional critical circumstances that we deal with like murder and really critical sexual assaults, typically when our proof could be very robust. It is a protection tactic to have witnesses grow to be uncooperative or for us to lose monitor of them with a view to make the protection case stronger,” Jenkins mentioned.
Relations say the organs of the youngest sufferer of San Francisco’s West Portal crash, a three-month-old child, have been donated.
Full assertion from Seth Morris Regulation:
“A brand new lawsuit has been filed by the plaintiffs within the tragic automotive accident that occurred at West Portal final spring, involving our shopper, Mary Lau. This new lawsuit alleges that Ms. Lau transferred properties into an LLC to keep away from paying damages in a civil lawsuit associated to the accident.
“We wish to be clear that this isn’t the case. Within the aftermath of the accident, Ms. Lau and her household sought skilled assist from authorized, monetary, medical, and psychological well being consultants. Whereas Ms. Lau was suggested to reorganize her property holdings within the months following the accident, none of those transfers have been meant to evade potential damages arising from this heartbreaking occasion.
“From the second this tragedy occurred, Ms. Lau has expressed her profound grief as she struggles to grasp how the accident occurred. As a mom and grandmother, she acknowledges the immense struggling of those that misplaced family members and understands their households need to be compensated for his or her very unlucky loss.
“Ms. Lau now has a devoted authorized group in place to supply her with the absolute best steerage and intends to cooperate absolutely within the felony and civil circumstances which were filed towards her. She additionally grieves over the accident she was concerned in and the losses suffered by all.”
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