The father of a teen who died in a car crash is suing the drivers of the two cars and Mitsubishi Motors, saying their negligence was a cause of the 15-year-old's death.
On June 20, 2013, Caleb William Elliott was riding with his mother, Cynthia McBride, when her car was T-boned at the intersection of South Memorial Drive and 11th street, killing Caleb at the scene.
It was his 15th birthday.
At the time of the accident, McBride told police that her 1998 Mitsubishi Galant stalled while going northbound on Memorial. She said a black truck, driven by Raul Bonilla, ran a red light striking the car on the passenger side.
On March 20, 2014, George H. Elliott filed a lawsuit not only against the teen's mother and the truck driver, but also against Mitsubishi Motors. The petition says their negligence was a cause in the death.
In the petition, George Elliott claims that, even though Caleb was properly restrained in the car, he sustained fatal injuries and that the car, designed and tested by Mitsubishi Motors, was not reasonably crash worthy or fit for accidents.
The petition says the 1998 Galant failed to provide proper restraint and maintain survival space, lacked structural integrity in the side, failed to contain a side airbag, violated the principles of crash-worthiness and failed to provide adequate occupant protection.
The petition also says McBride, the teen's mother, failed to keep a lookout, failed to obey traffic laws and operate her vehicle safely.
The petition also claims Bonilla failed to keep a lookout, didn't obey traffic laws or operate his vehicle safely and that he was driving his vehicle too fast and was inattentive while driving.
The suit claims that as a result of these acts, Caleb suffered wrongful death and that the damages are in excess of $75,000.