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November 25, 2009

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Girl’s parents file suit over 2007 bicycle death

Wednesday, June 17, 2009 | 1:55 a.m.

Crash location

The parents of a Henderson girl struck and killed by a car two years ago have filed a lawsuit against the driver of the vehicle and two insurance companies.

Mihai and Lia Babeanu filed suit last week in Clark County District Court against driver Dianne Elizabeth Kirkland, Farmers Insurance Exchange and Great American Insurance Co.

Corina Babeanu, 11, daughter of Mihai and Lia, was fatally injured on June 16, 2007, at about 11 a.m., while riding her bicycle.

The lawsuit said she was riding eastbound on Flintrock Road and attempting to cross Whitney Ranch Drive when she was struck by a Hyundai Elantra traveling southbound on Whitney Ranch.

"Defendant did fail to pay attention while driving, and did negligently cause her vehicle to strike Corina Babeanu on her bicycle," the suit alleges.

Police at the time, however, said Corina was not wearing a helmet and investigators believed she did not stop at a stop sign before entering Whitney Ranch. Speed and alcohol were not considered to be factors in the crash, police reported in 2007.

The suit alleges that at the time of the accident, Farmers insured Corina's parents' personal vehicles and provided them homeowners' insurance; and that Great American insured Mihai's company vehicle.

The lawsuit asserts an uninsured/underinsured motorist claim against the insurers.

Henderson police cited the driver, age 57 and of Henderson at the time, for driving without insurance.

Kirkland could not be located for comment and the insurance companies have not yet responded to the suit.

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