A couple is seeking justice after a tragic incident left one of them with severe injuries, disrupting their lives and causing significant distress. On February 10, 2025, Karina Austreich and Mark Austreich filed a complaint in the Superior Court of California, County of San Francisco, against Julie Dawn Withrington. The lawsuit alleges negligence and seeks damages for the physical and emotional harm caused by an accident involving Withrington's vehicle.
According to the complaint, on February 20, 2023, Karina Austreich was walking in a parking lot at UCSF Benioff Children’s Hospital in San Francisco when she was struck by a vehicle driven by Julie Dawn Withrington. The plaintiffs allege that Withrington failed to exercise due care while operating her vehicle, resulting in significant injuries to Karina. The lawsuit claims that "Defendants’ Vehicle suddenly and unexpectedly struck Plaintiff KARINA AUSTREICH with such significant force and impact that Plaintiff KARINA AUSTREICH was knocked to the ground." This incident allegedly caused serious injuries including trauma to her back and a closed displaced pilon fracture of her left tibia.
The Austreichs' complaint outlines three causes of action: negligence, negligence per se, and loss of consortium. They argue that Withrington breached her duty of care by driving at an unreasonable speed in violation of California Vehicle Code § 22350. This alleged breach resulted in severe physical injuries to Karina Austreich, which have led to ongoing pain and suffering as well as permanent disability. Additionally, the couple claims that Mark Austreich has suffered from the loss of companionship and support due to his wife's injuries.
The plaintiffs are seeking various forms of relief from the court. They request general damages for pain and suffering, medical expenses incurred as a result of the accident, lost wages due to Karina's inability to work following her injuries, special damages according to proof presented at trial, costs associated with bringing the suit forward, and any other relief deemed appropriate by the court.
Representing the plaintiffs is Michael Martinovsky from The Law Offices of Michael Martinovsky P.C., who is advocating for their rights in this case. The presiding judge has yet to be named for Case No. CGC-25-622242.