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Lawsuit dismissal in pedestrian death upheld

CINCINNATI (AP) — An appeals court has upheld a decision dismissing a wrongful-death lawsuit filed by the mother of an 18-year-old woman killed after a tractor-trailer hit her on Interstate 75 near Dayton.

Michaela West of Detroit was struck in the dark, early-morning hours of Aug. 24, 2009, after getting out of a stopped cab.

Her mother, Andrea West, sued the tractor-trailer's driver and his Canadian truck company, Drive Logistics, a year later.

On Monday, a three-judge panel of the 6th U.S. Circuit Court of Appeals in Cincinnati upheld a decision dismissing the lawsuit. The judges say that the driver was not breaking any laws, did not see the young woman before hitting her and had no duty to look for pedestrians on a busy interstate.

Michaela's family says she had mental problems.

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