Woman Sued for DUI, Assisted Suicide?

The facts of this tragic crash read like a law school exam. Enrique Lituma was kneeling in the middle of a busy street at 3:30 am on Christmas Eve, 2011. Christine Ahn was allegedly driving drunk. The car in front of her managed to avoid him. She didn't, reports the Chicago Sun-Times.

The Cook County medical examiner, for reasons unknown or unreported, ruled the death a suicide. The police report, however, does not mention suicide, reports the Chicago Tribune.

Four months later, Ahn was charged with felony aggravated driving while under the influence resulting in death and two misdemeanor counts of driving while intoxicated. Her blood alcohol content was apparently at 0.151, reports the Tribune.

Almost a month later, Lituma's mother sued for $ 1 million, according to the Sun-Times.

How will this play out in court? The law of contributory negligence will likely play a huge factor here.

Christine Ahn's fault, assuming the evidence against her is legitimate and as reported, should be easy to show. A plaintiff's attorney will argue that she was at nearly twice the legal limit for BAC; she was hammered and drove and ended up killing someone.

However, the case could turn on Enrique Lituma's own negligence. Why was he kneeling in the middle of the street at 3:30 am? Whether he was suicidal or merely engaging in dangerous activity for no reason at all, his actions endangered himself and others. Had someone swerved to avoid him and injured themselves or others, he would probably be liable.

So, the jury will have to measure his negligence in kneeling in the middle of the road against her negligence in driving drunk.

If they find that he was more than 50 percent responsible for his own death, his family is barred from recovering any damages. If he is less than 50 percent responsible, the damages are reduced by that percent.

And as cold and callous as it may seem, Ahn's attorney might consider filing a counterclaim for damage to the vehicle. Lituma was arguably being negligent by kneeling in the road. He caused one car to swerve and caused Ahn to hit him and damage her vehicle. Ahn's financial liability, if any, for his death might be reduced in part by whatever damages she incurred.

Related Resources:


Find a Chicago Personal Injury Attorney (FindLaw)
Negligence (FindLaw's LawBrain)
Car Accident and Safety Resources (FindLaw's Learn About the Law)
Son of a ... What to Do When You've Been Rear-Ended (FindLaw's Chicago Personal Injury Law Blog)


The Chicago Personal Injury Law Blog

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