The mother of a Nevada girl killed in an auto wreck in 2009 has filed a wrongful death suit against the girl’s father, who was driving the vehicle at the time of the accident.

The lawsuit blames Richard Franklin “Ricky” Brill for negligence leading to the death of Kaitlyn Nicole Brill, then 11 years old. The suit alleges that Brill’s negligence led to the accident, and additionally that Brill did not make sure that Kaitlyn had her seatbelt on before driving. Caroline Sue Smith, Kaitlyn’s mother and administrator of her estate, is claiming $1.25 million in damages.

Complicating the suit is the fact that Brill is also dead. He was killed in the same accident as his daughter, when his 1985 Plymouth collided with a county school bus. Kaitlyn’s 8 year old sister was riding in the back of the vehicle, but thankfully only suffered minor injuries while her father and sister were killed.

The suit has named the administrator of Brill’s estate, Debbie C. Grim, as the defendant.

Filing the lawsuit has temporarily suspended a proposed agreement from Brill’s auto insurance company to settle any wrongful death claims.

According to authorities, the icy road conditions contributed significantly to the crash. However, according to the suit, “Ricky Brill was reckless, careless and negligent in that he: a) failed to keep a proper lookout; b) exceeded a reasonable speed under the existing circumstances and conditions; c) failed to apply his brakes in time to avoid the collision; d) failed to give full time attention to the operation of his vehicle; e) failed to keep his vehicle under proper control; and f) operated his vehicle in a reckless, careless, and negligent manner. As a result of the aforesaid collision, Kaitlyn was thrown around Ricky Brill’s automobile, and received severe and violent injuries, which caused her death.” It also alleges that Brill failed to meet his common law parental obligations by failing to make sure his daughter was wearing her seat belt. Neither father nor daughter were wearing seat belts at the time of the accident.