Parents of a boy who drowned in Rainbow Creek a year ago say San Diego County failed to address the problem of flooding on the county-owned road.
Phillip Campbell, 5, was riding in a car that was carried away by rising water from the creek on Fifth Street, east of Interstate 15 in Rainbow, California.
The boy and the car's driver, Roland Phillips, 73 of Fallbrook, died in the incident on Jan. 23, 2017. That weekend, a series of powerful winter storms hit San Diego County and caused flooding in many areas.
Crews searched for days before finding the boy's body buried under 6 to 8 feet of debris.
The boy’s parents, Timothy Campbell and Leslie Woosley, have filed a civil lawsuit against the county saying the so-called “5th Street Dip” near Rainbow Creek was a known issue caused by the county’s construction of the road.
The county “allowed debris to be released into the creek that caused the creek to overflow its banks and caused the culverts under 5th Street to become clogged,” the lawsuit states.
They also claim the county did not warn drivers of Rainbow Creek overflowing onto the road.
NBC 7 has reached out to officials with the county of San Diego for their response to the civil lawsuit.
The driver who was a family friend of the boy's parents was found to have alcohol and drugs in his system according to an autopsy report.
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The San Diego County Medical Examiner’s office obtained by NBC 7 stated that contributing factors to Phillip’s death included “alcohol and methamphetamine use, and hypertensive and atherosclerotic cardiovascular disease,” including a slightly enlarged heart.
Campbell's death was ruled accidental by the medical examiner.
Winter storm conditions and water levels in the creek made the first few days of the search for victims in the vehicle collision extremely difficult and dangerous.
On Jan. 23, Phillips’ was pulled from the creek. Three days later the boy's body was recovered.
The plaintiffs submitted a claim with the county but it was rejected on Sept. 5.
