The widow of an accident victim is pursuing a wrongful death lawsuit against passengers in the car that caused the death of her husband after a state appeals court ruled in her favour.
Antonios Podias, 40, was riding a motorcycle when he was struck from behind by a car driven by Michael Mairs who is a student of Monmouth University. Mars was travelling with Swanson and Newell and the three of them drove away in fear without trying to help Podias. After they left, Podias was run over by Patricia Uribe ultimately leading to his death. According to attorney Jefferey Peck who represents Podias' widow, Podias had suffered fractures to his arms, legs and skull after the first accident which he could have recovered from if the students had stopped to save him.
Sevastia Podias will file a civil lawsuit against Swanson and Newell after the state appellate court ruled that the two men had a legal obligation to help Podias.
In March a trial judge has ruled that Podias could not sue for damages against Swanson and Newell because she had already settled out of court with the driver and other defendants for a very large amount than what the jury had determined to be appropriate.
Mairs settled with Podias for $1.075 million and served 13 months in jail. The party host Thomas Chomko settled by paying $300,000 and Patricia Uribe who went to trial against Podias was found to be 10 percent responsible for the accident and was asked to pay $80,000.
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