Maruny M. Sebengriol filed the complaint against Jin Zhu Piao for damages arising out of the automobile/pedestrian accident.
Sebengriol stands as the qualified and appointed representative of Misauo Mikiuo who died from the accident.
The plaintiff, through attorney Eric S. Smith, is asking the Superior Court to award him judgment against the defendant for medical expenses in an amount to be determined at trial, for mental anguish and physical suffering, for lost wages, cost of action and attorney’s fees, and other relief as the court deems proper.
The plaintiff stated that the defendant was driving a Rav 4 Toyota along Beach Road in San Jose at about 7:30 p.m. on July 15, 2008.
At the same time, Mikiuo was crossing Beach Road from west to east.
The plaintiff said the defendant carelessly operated his vehicle so that it hit Mikiuo with force and violence, causing him extensive internal and external injuries which later resulted in his death.
The plaintiff said from the time of the accident up to the time of Mikiuo’s death, the victim suffered great physical and mental pain and incurred medical expenses for treatment, hospitalization, nursing, X-ray and pharmaceuticals.
The plaintiff said prior to the accident the victim resided with his sister and family.
The victim helped support the family of Sebengriol’s sister’s and, according to the plaintiff, would have continually done so for the remainder of his life.
As a result of his death, Mikiuo’s beneficiaries have lost that support.
The plaintiff said Mikiuo’s estate has become liable for hospital bills, doctor bills, nursing bills and funeral expenses.
The plaintiff said the defendant “operated his vehicle at a speed greater than would permit him to stop within the assured clear distance and drove with disregard for the safety of other persons, which is a violation of the law.”
