LOWELL — The family of the Lowell woman fatally struck while crossing Pawtucket Boulevard in May has filed a wrongful death lawsuit against Uber Technologies, its delivery subsidiary Portier LLC, and the driver accused of hitting her and fleeing the scene.
The suit, filed July 30 in Middlesex Superior Court, alleges that Guilherme Candido, 23, was logged into the Uber Eats app and dispatching a food order “for the direct financial benefit of Uber and Portier” when he struck 29-year-old Leah Kahare at a high rate of speed with a black 2014 Ford Explorer that had a nonworking fog light.
The complaint states Candido “suddenly and negligently drove” the SUV, hit Kahare “with great force and violence,” and then left the scene without stopping, rendering aid or identifying himself.
Kahare suffered catastrophic injuries — including severe brain trauma, two broken legs, multiple broken ribs and a broken neck — and was pronounced dead at Lowell General Hospital about 35 minutes after the crash.
“She had such a bright future, and now the void is too much,” the Kahare family said in a statement released by Michael Kelly Injury Lawyers. “Leah was so close to us. She intended one day to marry, raise a family, and become a dentist. This will never happen now.”
The Lowell Police Department said in an incident report that Kahare was crossing Pawtucket Boulevard near the UMass Lowell Bellegarde Boathouse shortly after 9:20 p.m. on May 24 when surveillance video captured a dark‑colored SUV traveling inbound at a high rate of speed striking her “and catapults her up the road.”
A witness driving on the boulevard reported hearing a “loud noise or ‘thump’” and seeing a large black SUV speeding away.
Another witness told police he had seen a woman “slouched over on a bench” moments before the crash and called 911 because she appeared unwell. He said she declined assistance, but as he later returned toward his vehicle, he saw her lying unresponsive in the roadway, surrounded by debris and two sneakers scattered in the road, prompting him to call 911 again.
Police said they used surveillance footage, Flock license‑plate reader hits, and a phone call Candido allegedly made to a family member to identify him as the driver.
According to the report, Candido told the family member he had been delivering food for Uber Eats when he hit a person and “stopped for a few seconds to see what he hit and then drove away because he was scared.”
A warrant was issued, and Candido turned himself in at Lowell Police headquarters roughly two days later.
On May 27, Candido was arraigned in Lowell District Court on a charge of leaving the scene of personal injury and death. Judge Mark Fabiano set bail at $7,500 cash and ordered him to surrender his passport, not drive and be placed on GPS monitoring if released.
Bail was posted the same day.
The next afternoon, probation staff were in the process of activating Candido’s GPS bracelet when U.S. Immigration and Customs Enforcement took him into custody on an immigration detainer.
In a statement to The Sun at the time, ICE described Candido as “a criminal alien from Brazil,” adding that U.S. Border Patrol encountered him in April 2022 and arrested him for entering the U.S. illegally.
“He was released into our country by the Biden administration,” the agency said.
Court documents show that a warrant was issued out of Lowell District Court, as a result, because Candido could no longer be monitored if he were released by ICE.
In the days that followed, prosecutors moved to revoke Candido’s bail, citing new information that he wanted to return to Brazil to avoid prosecution.
In a motion filed by the Middlesex District Attorney’s Office, prosecutors wrote that they learned from numerous witnesses close to Candido, including family members, that he “repeatedly said he intended to post bail in District Court, turn himself into the ICE Boston Field Office in Burlington, MA, and return to Brazil to avoid prosecution and punishment” for the alleged hit-and-run.
They also wrote that Candido’s girlfriend “had purchased a one-way plane ticket to Brazil,” and that Candido told law enforcement “he was fine if ICE became involved because he wants to return to Brazil.”
“The defendant’s current ICE custody does not extinguish that intent but rather accelerates the means by which he may act on it,” prosecutors wrote, asking the court to revoke bail and hold him.
The court ultimately revoked Candido’s bail, and he was transferred from ICE custody to the Billerica House of Correction, where he remains, according to his attorney in the criminal matter, Robin Gagne.
Court records show Candido has since been arraigned on the charges in Middlesex Superior Court.
As for the wrongful death lawsuit filed by Kahare’s family, it accuses Uber and Portier of negligent hiring, retention, training, supervision and entrustment, alleging the companies failed to properly screen Candido, failed to train him in safe driving practices, and failed to monitor their delivery network to ensure drivers adhered to safety standards.
It also claims Uber set unrealistic delivery schedules that encouraged rushing and unsafe driving.
“Uber puts drivers on the road, at all hours and in all conditions, and profits from every delivery,” attorney John McCarthy, who represents the Kahare family, said in a press release announcing the suit. “When that system results in the death of an innocent pedestrian, those responsible must answer for the harm they caused.”
Gagne disputed the allegations in the civil complaint, stating they do not align with the evidence she has reviewed.
“Based on the discovery provided by the Commonwealth, I do know he was driving under the speed limit, and it was dark and rainy,” Gagne said of her client.
The suit seeks compensatory and punitive damages under Massachusetts’ wrongful death statute. The complaint does not specify a dollar figure — a standard practice in civil litigation — and the law firm said damages will be determined through discovery and, if necessary, at trial.
The firm said it expects evidence confirming Candido’s Uber Eats status at the time of the crash — including Uber’s own platform data — to be developed through discovery, along with any information about whether he had prior safety incidents or complaints on the platform.
Uber was not immediately available to comment about the lawsuit.
Follow Aaron Curtis on X @aselahcurtis, or on Bluesky @aaronscurtis.bsky.social.
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