EAST CLEVELAND, Ohio- A lawsuit has been filed over the death of a child hit by an East Cleveland city vehicle.
It happened in April on Hayden Avenue. Nine-year-old Devion Lesure died.
Attorneys David Malik and Grant Goodman filed the lawsuit Monday, on behalf of the victim's family.
"The city encouraged, condoned, and permitted an unlicensed and inattentive employee to operate its dilapidated service vehicle," the suit states. "The inattentive employee was 71 years of age. The city placed the service vehicle into use with fictitious license plates."
The Fox 8 I-TEAM obtained the crash report completed by the state highway patrol. It includes a statement from truck driver Eddie Wilson. He told investigators he was driving 10-15 miles an hour. He saw kids running on the sidewalk. He also said “…as I drove I heard a loud bump on my right side…”. Wilson also said he then saw a child “laid out” on the right side of his truck.
The highway patrol report also shows the truck was in disrepair. It had tires that were bald or with almost no tread, no turn signals, a cracked windshield and more.
East Cleveland police have said the child may have been running because he was being bullied by other kids.
East Cleveland's mayor told the FOX 8 I-Team he could not comment because it's pending litigation.