ORLANDO, Fla. — The family of 92-year-old Millie Ortiz, who was killed in a crash involving an Orlando police officer earlier this year, announced Wednesday that they are filing a $92 million lawsuit against the Orlando Police Department, the city’s fleet maintenance company and the manufacturer of the emergency lights installed on police cruisers.
The announcement was made during a news conference alongside civil rights attorney Ben Crump, who is representing Ortiz’s family.
Family members said they believe justice has not been served in the case.
“We cannot allow this to happen again to any family,” a family member said during the news conference.
The lawsuit stems from a Jan. 18 crash in which investigators say Ortiz was driving home from a bingo game around 2 a.m. when her vehicle was struck by a marked Orlando Police Department cruiser.
According to investigators, Officer Andrew McKuhen was on duty when he observed a vehicle make an illegal U-turn. Officials said McKuhen activated his emergency lights just before entering the intersection, where his cruiser collided with Ortiz’s vehicle.
In June, the State Attorney’s Office announced it would not pursue criminal charges against McKuhen.
Investigators have said there is evidence the cruiser’s emergency lights may have malfunctioned moments before the crash.
“They were saying it was the maintenance. The maintenance repair companies thought, you know, for not fixing the light. That’s why the accident happened,” Crump said.
Crump said the lawsuit seeks to hold multiple parties accountable.
“We will be filing a $92 million lawsuit against the Orlando Police Department, the maintenance company, and the product manufacturer, because somebody is going to be held accountable for the life of Millie Ortiz,” Crump said.
Crump said the family chose to seek $92 million in damages to represent one million dollars for each year of Ortiz’s life.
Ortiz’s family described her as “the life of the party” who enjoyed staying active and living life to the fullest.
“I was always afraid of her sometimes going out at night, but I always thought of a drunk driver that may hit her — never a police officer,” said her daughter, Evelyn Alicea.
Orlando Police Chief Eric Smith recently discussed the case on the podcast ‘The Patrick Carr Show’ , saying the department does not oversee maintenance of its patrol vehicles.
“We don’t manage our own fleet. So the city manages the fleet for all vehicles for the city,” Smith said. “Fleet hands out vehicles ... to all city departments. So it’s not something I directly control.”
Smith also said on the podcast that the cruiser involved in the crash had been serviced for emergency light issues at least three times before the collision.
The Orlando Police Department declined an interview Wednesday. A department spokesperson said the chief would not comment further on the case.
Channel 9 has requested records from the city related to the maintenance and repair history of the cruiser involved in the crash and is reviewing whether any prior repairs may have played a role in the collision.
Crump said Wednesday that the lawsuit will be filed in federal court, but does not have an exact date on when it will be filed.
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