The 87-year-old Albert Lea man sentenced to probation Monday for the death of a Blue Earth man in May of 2009 now faces a wrongful death lawsuit filed by the deceased man’s wife.

According to the civil lawsuit filed in Freeborn County District Court on Monday, Concepcion Martinez, trustee for the next-of-kin of Jose Ignacio Martinez, is suing Marvin William Steinhauer for the loss of her husband, 48, during a collision May 29, 2009.

On that day, Steinhauer drove through a stop sign at the intersection of Freeborn County roads 46 and 14. Right after, Martinez crashed into Steinhauer’s car while driving a motorcycle and later died.

Steinhauer’s blood-alcohol concentration was .086.

The lawsuit is on behalf of the woman and five children that were left behind after Martinez’s death, said the family’s lawyer James Heuer Jr., of Heuer & Associates in Minneapolis.

Heuer said Martinez was the breadwinner for the family, but after he died, his wife has had to take care of the family on her own.

The lawsuit alleges Steinhauer “drove his vehicle in a careless, negligent and unlawful manner,” causing the collision and ultimately the death of Martinez.

“As a result of the death of Jose Martinez-Navidad, his heirs have suffered the loss of his guidance, counsel, aid, comfort, assistance, protection and means of support; have paid out certain sums of money providing for a proper funeral and burial; and have otherwise suffered damages and pecuniary losses in an amount greater than $50,000,” it continues.

On Monday, Freeborn County District Court Judge Steve Schwab sentenced Steinhauer to a 48-month stayed sentence and up to 10 years probation in the criminal case on the matter, after Steinhauer pleaded guilty to one count of criminal vehicular homicide in March.

This means unless Steinhauer violates his probation, he will not serve prison time.

Schwab also ordered Steinhauer fulfill 365 days of electronic home monitoring with an alcohol sensor, no driving and no alcohol consumption. Any vehicle that Steinhauer has access to must also be set up with an ignition interlocking system, and he is required to pay fines and restitution to Martinez’s family.

Schwab said though he was not happy with the agreement, he would move forward with the sentence after considering Steinhauer’s age, medical condition and other physical infirmities.

Freeborn County Attorney Craig Nelson said at the sentencing that while he thinks there is no question that Steinhauer caused Martinez’s death, he thinks some of the man’s other physical impairments may have also contributed to the collision.

Steinhauer has cancer that is spreading, loss of vision in one eye and impaired hearing. He also has problems with his memory and being questioned — factors that may have had an effect on his judgment while driving, the county attorney noted.

Heuer said Martinez’s family was saddened during the Steinhauer’s sentencing.

“They know that sending him to jail wasn’t going to bring their father and husband back,” the lawyer said.