A Florida man is suing the city of Chattanooga for a wreck on Frazier Avenue that left him unable to walk and took the lives of his wife and young son.
Meanwhile, the District Attorney's office said it decided not to prosecute a local doctor who was involved in the incident.
Prosecutor Brian Finlay said, "In response to your inquiry, after a review of the available evidence including multiple videos of the incident, we do not believe a jury would convict Patrick McGinty if he were charged."
Octavio Devia Paz, of Jacksonville, filed the complaint in Circuit Court in connection with the wreck last Nov. 25.
The suit says he was standing at the corner of Frazier and Forrest Avenue with his family when a vehicle being driven by Randy Vega was struck from behind by a vehicle driven by Dr. McGinty.
The Vega vehicle then hit Mr. Paz, Ana Posso, 41, and Johnathan Paz, age one year and 11 months. The wife and son were killed on impact.
Octavio Paz has undergone 127 surgeries and incurred over $1.5 million in medical bills, it was stated.
The complaint says in April 2016 the city hired Alta Planning & Design for a Frazier Avenue traffic study. It says the study recommended reducing the number of travel lanes and on-street parking spaces, but the changes were not made at the time.
The suit says, "Octavio Paz is extremely grateful for the work performed by the defendant city on Frazier Avenue since his serious injuries and deaths of his wife and son. He believes that the city's recent efforts will make Frazier Avenue safer for pedestrians. However, the work performed by the city to make this area safer for pedestrians came too late for Octavio Paz, his wife and young child.
There had been six other wrecks at the same corner prior to this one, it was stated.