An 8-year-old girl killed in a Texas car crash have filed a $1 million wrongful death suit. The defendants include the accused drunk driver and Ford Motor Company, according to court records and recent reports.
The deceased child, Kelsey Nalepa, was killed earlier this month after a Jeep Grand Cherokee crashed into her family’s 2009 Ford Expedition. Her father, Marcus Nalepa, was driving. The family has stopped in traffic when the defendant, Erika Diebel’s, Jeep crashed into the family’s vehicle. The child was seatbelted in on the driver’s side of the car. However, she hit the seat in front of her after the seatbelt failed, according to the lawsuit.
Nightmares became real when her parents turned around to check on their daughter, who was bloodied and unconscious. The little girl was flown to Memorial Hermann Hospital where she died two days later. The defendant, Erika Diebel, 41, was arrested Thursday and charged with intoxication manslaughter. According to reports, her blood alcohol content was more than three times the legal limit.
The lawsuit also describes the 2009 Ford Expedition “unreasonably dangerous,” and says it was foreseeable that the driver’s side seat would fail, smashing into Kelsey’s head.
“This lawsuit is brought in part to exhaust all remedies allowed by law to determine responsibility for this tragedy and to hopefully make a difference so no other family will have to bury their child and endure the torture of such a loss,” the family’s lawyers write in the suit.