Peter Horoszewicz and his 23-month-old daughter, Maggie, were pinned against an ATM in the 2000 crash. Maggie was killed; Horoszewicz was seriously injured.
The driver of the car, Bernadette Carrington, was arrested for misdemeanor death by vehicle and sentenced to community service. Horoszewicz said Carrington paid her debt.
Now he wants the State Employees Credit Union, who owned the ATM, and Diebold Inc., the cash machine's maker to pay.
"The ATM machine, with where it was located, how it was situated -- it was like having a shotgun tied to a door knob.Someone just happened to walk in and pull the door and the gun went off," Horoszewicz said.
Horoszewicz said they did not do enough to protect users of the cash machine.
Since the accident, the ATM has been moved back from traffic, has been rotated so users do not have their backs to cars and barriers have been installed.
Horoszewisz said the changes came too late and he is suing so they take responsiblity for the accident. He understands some will question his motive to sue, but said it is about closure.
"There's a lot more to this lawsuit than what people think of me going after just money," Horoszewisz said.
A senior vice president of the State Employees Credit Union said he had not seen the lawsuit, so he could not comment on it. He said it was a tragic accident and the driver was held accountable.
Horoszewicz said he plans to lay flowers at the site where his daughter was killed Tuesday.
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