The lawsuit was filed on behalf of Carlos Nevarez III, who was fatally struck on his 42nd birthday by a pickup driven by
Authorities said Fuschini, then 39, and Nevarez had been arguing when she stopped her 2008 Chevrolet Silverado around midnight on
Nevarez, a father of three, former Marine and volunteer firefighter, was pronounced dead at a
Fuschini was charged with first-degree murder, but at trial she was convicted of involuntary manslaughter, a fourth-degree felony, and aggravated DWI, a misdemeanor. She was sentenced to three years and six months in prison.
Fuschini and her vehicle insurer at the time of the crash,
The lawsuit states the "crash was caused solely by the negligence and fault" of Fuschini. It further alleges that Fuschini was "driving carelessly and inattentively, failed to exercise due care, did not keep a proper look out, and failed to stop before causing the crash."
"The crash was directly and proximately caused by the negligence and wrongful and improper driving of (Fuschini)," the lawsuit states.
As a result of Fuschini's actions, Nevarez's family has suffered "substantial" personal injuries, including loss of life, pain and discomfort, past physical pain and suffering, past mental pain and anguish, among other damages.
They are seeking compensation for damages "in a reasonable amount" to be determined at trial, in addition to punitive damages and pre- and post-judgement interest.
No trial date has been scheduled, court records show.
Last month, Cosentino filed a notice to delay the case, stating that Fuschini has not responded to the allegations in the lawsuit. He noted that he contacted the state probation and parole, and even hired a private investigator, to help locate Fuschini.
Fuschini was released from prison on
Espinoza said Thursday that Fuschini has had no probation violations and has been checking in with her probation officer.
Carlos Andres López can be reached 575-541-5453, email@example.com or @carlopez_los on Twitter.
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