The family of 13-year-old Skyler Millner filed a lawsuit on Thursday against Ken Hunt, the man hit Millner with his car on May 31.
Millner was walking through a crosswalk on the Skyway when Hunt hit him.
The lawsuit claims that Hunt, a member of the Board of Directors of the Paradise Irrigation District, was reckless for not stopping for Skyler like the two other cars that stopped before the cross walk.
District Attorney Mike Ramsey and investigators from the Paradise Police Dept. explained their reasoning for not filing charges against Hunt on August 1.
“Other witnesses indicated that they had seen Skyler come up, jogging in place and had looked to his right looked to his left then back to his right before starting across,” said Ramsey.
Skyler was hit crossing the street next to Annie's Cafe' on the Skyway. Investigators used high-tech cameras and lasers to reconstruct what happened.
A truck passes by Skyler and then, moments later Skyler runs out into crosswalk and is hit.
“That large truck is what we have to look at as blocking the line of sight for Skyler,” said Ramsey.
Millner was struck by Paradise Irrigation District director Ken Hunt who was driving his Mercedes sedan.
“Mr. Hunt didn't have sufficient time to react,” said Ramsey.
Ramsey said that there was no reason for Hunt to be charged with vehicular manslaughter because he did not have enough time to stop.
“The facts that were presented whether there was a criminal case against Mr. Hunt and it is in our finding that there is no criminal case brought against Mr. Hunt,” said Ramsey.
Ronald Foreman, the Millner family's attorney, said that this was a "terrible tragedy," but not an "unavoidable accident," as claimed by Ramsey.