As reported by the Democrat & Chronicle [February 7, 2010], Pablo Nieves was cited for running a red signal at Crittenden and West Henrietta Roads, causing a collision with a car in which Zhofa Pan, 54, a Chinese citizen, was a passenger. Mr. Pan died at Strong Hospital.
If the circumstances are as cited by the Brighton Police Department and reported by the D&C, this would be a clear case of wrongful death, suffered by Mr. Pan. As a passenger in a vehicle which was in a crash, it is highly probable that he did not participate in causing the resulting collision.
As detailed in a past blog, the elements of a viable wrongful death suit are that someone died [Mr. Pan], and that the death was caused by the wrongful conduct or default of the defendant [Mr. Nieves: alleged to have run a red signal causing a collision], which conduct or default, had the decedent survived, would have been a cause of action which could have been maintained, at the moment of death by the decedent [Mr. Pan's personal injury].
From the article mentioned, one can not determine if Mr. Pan was survived by distributees who have suffered pecuniary loss by reason of his death, another requirement of wrongful death suit.
The last issue of standing to initiate suit for wrongful death is that a personal representative be appointed for Mr. Pan's survivors. Although getting a personal representative appointed for a Chinese national may be problematical given geographical distance, legal and cultural differences, a two year statute of limitations would apply in this matter.
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