Posted Jul 05, 2011 02:24 pm CDT
Through her mother and attorney, a 10-year-old girl is suing her father, who was shot in the head following a road rage incident in Philadelphia.
The suit maintains that the girl’s father, Thomas Timko, set off a chain of events in 2009 that led to the shooting, according to an Associated Press account of the case.
“He cannot provoke other drivers, especially when he has his kid in the car,” the girl’s lawyer, Christopher Culleton, is quoted saying. “Mr. Timko gave him the finger, through the sunroof. That escalated the situation.”
The suit seeks damages to pay for counseling to deal with the post-traumatic stress suffered by the girl, who witnessed the shooting when she was 9.
The shooter, Christian Squillaciotti, a schizophrenic ex-Marine, is serving a 13- to 26-year prison term after being convicted of two counts of attempted murder and weapons charges, AP reports.
A lawyer for Timko, whose motion to dismiss was denied, maintains the shooting was unforeseeable.
Timko, who suffered permanent brain damage from the incident, has no assets, so any recovery would likely come from Timko’s insurer, AP notes.