Husband of Pregnant Woman that Fell Victim to a Drunken Driver Awarded $24 Million by Jury
Michael DeMella is richer by $24 million but he would gladly give it all away and more to bring his wife and unborn child back to life. Tragically, 26-year old Alanna DeMella was killed while she was carrying her unborn son when a drunken driver lost control of her car and drove into the cabana of a Fort Lauderdale hotel called Riverside Hotel, as reported by Sun Sentinel.
The crash happened over three years ago in March of 2012 and finally, after all this time, Michael has gotten some closure and intends to try and move on in life according to his drunk driving accident attorney. The money he has won should help the cause but will not fill the emptiness he now feels in his soul.
The drunken driver in the case was a 37-year old woman identified as Rosa Rivera Kim. According to police reports and witness testimonies her vehicle crossed the curb onto the wrong side of the road and then ploughed into the Cabana and killed Alanna who was seven months pregnant with her first child at the time. Florida drunk driving accident lawyers were up in arms over this heinous and selfish act by Kim.
What did the hotel do wrong?
The jury concluded that the majority of the fault in the issue was that of the drunken driver and also instructed Riverside Hotel to pay $3.6 million for wrongful death.
Drunk Driver sentenced to 15-years in prison
Legal representatives of the hotel commented confirming that they would appeal the decision and that they were not liable in any manner or form for the death of DeMella. They claim it was wholly the fault of the drunk driver. However, they did express condolences to the DeMella family and refrained from commenting further, citing pending litigation.
According to arrest reports, Rosa Rivera Kim, who has been found at 85% fault for the catastrophe registered a blood alcohol content percentage over three times the legal limit. She has been handed and is serving a 15-year prison term. She could have been represented by the most marvelous and focused attorneys on the site USAttorneys.com since her sentence could have been more severe. There are some people who believe her sentence was light in contrast to her crimes.
No one is ever that protected; guests should watch out for themselves
In the initial lawsuit, Michael held Riverside responsible for the negligent positioning of the cabana and for failing to build a barrier between the road and the cabana to protect their guests.
His drunk driving accident attorney was further successful in proving that the hotel management and authorities were aware of the potential danger and the ominous curve in the road near the cabana but had failed to take any action to mitigate these risks. And now they will not be able to do since they have to spend so much money paying off this verdict.
Florida DUI legislation – is it a criminal offense?
According to Florida drunk driving accident attorneys, the answer to this question depends on the circumstances of the arrest and conviction. If you are a first time DUI offender or you refuse to give in to sobriety and chemical testing, it is considered a misdemeanor as per state law. However, things get more serious if you are a repeat offender. If it is your third DUI conviction within a period of three years then the crime is considered a third degree felony.
If you have had three DUI convictions or more in the past and you have been convicted of DUI again, it is considered a third degree felony.
In case your DUI caused death or serious injury then it is considered a first/second degree felony or a third degree felony, respectively.
