MASON CITY | A Mason City couple was sued for wrongful death after a man was struck by a pickup truck in November and died.
Candy Garcia, of Mason City, filed a lawsuit against Jay and Helen Paulsen March 7 over the death of her husband. Attorney Timothy Lapointe filed the suit on her behalf and is seeking a jury trial for the lawsuit.
Jason Garcia, 43, of Mason City, died Nov. 10, 2018 as a result of his injuries.
Jason was walking with another person northbound on South Eisenhower Avenue when a pickup struck him from behind about 10:47 p.m. Nov. 7, near the intersection of 19th Street Southwest.
“The vehicle operated by Jay Paulsen struck Jason Garcia, knocking him to the ground,” the lawsuit said. “As a direct and proximate result of being hit by the vehicle driven by Jay Paulsen, Jason Garcia sustained severe and painful injuries, which caused his death later on November 10, 2018 in Rochester, Minnesota at the Mayo Clinic Hospital – Rochester, Saint Mary’s Campus.”
Jason was transported to Mercy Hospital for extensive injuries and was later life-flighted to Mayo Clinic in Rochester, Minnesota.
The driver of the pickup, Jay Paulsen, 45, of Mason City, was cited for driving under suspension.
He entered a guilty plea Nov. 28 for the driving while suspended citation. Sentencing is scheduled for May. 28.
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The pickup truck was owned by Helen and was driven with her permission, according to the lawsuit. Lapointe claims Helen is also liable as she owned the vehicle.
Candy and Jason have two minor children, according to court documents.
The lawsuit claims Jay was negligent for the following reasons:
- In failing to keep a proper lookout.
- In failing to yield the right of way.
- In failing to keep his vehicle under control.
- In failing to act as reasonable operator of a motor vehicle under the facts and circumstances then and there existing.
Lapointe claims Candy and her children are entitled to compensation equal to the “love, society and companionship of her husband” as well as burial expenses and medical expenses.
She is also seeking the value of “financial support which Jason Garcia would have contributed to his spouse” and “pain and suffering” among other things.
No exact dollar amount was noted in the lawsuit.