The family of a North Park boy who lost his leg after being struck by a garbage truck is suing the City of San Diego.
Luke was in critical condition, and after several surguries, doctors were forced to amputate his leg.
Now, the family claims the city and the driver of the truck are at fault for Luke's injuries. They say the truck made an illegal turn when it hit the boy, and are worried other drivers could make the same turn on a regular basis.
San Diego Police did not cite the truck driver, and witnesses say the driver did not see the boy.
"I'm concerned about future care for him," said the family's attorney Steve Estey. "He's only 9-years-old and he's got another 70 years of living in his current body and it's very very sad."
Estey said the driver of the truck make a "K-Turn," in which the truck pulls out and makes a left into the opposite lane, and then reverses through the intersection.
"It's an unsafe turn by any measure."
Since the trucks are too big for u-turns, this may be a fairly common turn, Estey said.
"The way the driver talks to the police officer in the police report, he says he's doing which is basically a 'standard' K turn, which leads me to believe he's done this kind of maneuver before," Estey said.
Luke's parents, Anthony and Doneba, have not been able to work while they care for their son, Estey said.
Luke and his parents joined doctors last month outside Rady Children's Hospital to announce the Garfield Elementary School student's recovery.
Luke hopes to continue playing all the sports he loved before the accident: tennis, soccer and frisbee golf, among others. He hopes even hopes to pick up skateboarding once again.