A civil suit filed early Friday seeks justice for the family of Debra Majkut, killed July 28 when a car crashed through her living room wall.
It asks a jury to hold 23-year-old Adrianna Young of Oberlin responsible for the death and to award at least $25,000 in compensatory damages and $25,000 in punitive damages.
“Adrianna Young put this community at risk by driving impaired and texting, which took the life of a beautiful young wife and mother sitting on her living room couch at home with her five-month-old son. This family seeks justice to make sure that a tragedy like this never happens again,” said Majkut family attorney Joseph Gioffre of Cleveland.
The wrongful death suit claims Young “acted with malice and demonstrated a conscious disregard for the rights and safety” of the Majkuts by operating her vehicle under the influence of illegal drugs and while using a cell phone.
It was filed by Debra’s husband, James, and her children, Jacob and Jaxon, in the Lorain County Court of Common Pleas.
The suit says the family suffers mental anguish and the loss of love and protection of their mother and spouse. It’s also incurred medical, funeral, and burial expenses.
Jacob and Jaxon Majkut’s “injuries are permanent in nature” and they “will continue to experience pain, suffering, and disability” and incur further expenses for medical care and attention, the suit says.
Youth drove a Toyota Camry off the side of the road the morning of July 28, crossing a small field before ramping off a basement doorway and smashing through the wall of the Majkut home.
She told law enforcement there had been an animal in the road.
Debra Majkut was sleeping on a couch inside her home while Jaxon played in a bouncer. Both were trapped under the sedan.
The mother was crushed under the car and the infant suffered severe face burns. Rescuers pulled the small boy free and he was flown to Cleveland for treatment.
Marijuana was found inside Young’s car, according to Ohio State Highway Patrol trooper Joe Glascox. A drug test was administered at the scene.
The toxicology report showed 112.9 ng/ml THC in Young’s blood — more than twice the per se limit under which marijuana use is prosecuted in Ohio.
By comparison, 5 ng/ml is considered “drugged driving” in Colorado and Washington, where pot use is legal.
While THC can remain in the body for weeks, it most often falls under under 5 ng/ml within three hours of smoking, according to the National Highway Traffic Safety Administration.
State troopers said charges were pending against Young but none have been filed to date in either county court or the Oberlin Municipal Court.
Jason Hawk can be reached at 440-988-2801 or @EditorHawk on Twitter.