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The family of a five-year-old boy killed by a New York cab driver has filed a wrongful death claim contending the driver was going to fast when he struck and killed the child.

The suit was filed against Autumn Cab Corp and NYC Tax Group Inc. on January 3, in Texas on behalf of the Estate of Timothy Keith. The accident happened on April 14, 2012, as the Keith family – including Timothy Keith and his parents – were visiting New York City. According to the filed suit, all the members of the party were deaf.

The cab driver was allegedly speeding at a high rate when the child was struck, causing him to sustain a serious head injury. The suit accuses negligence on several counts including the driver failing to keep a proper lookout, failure on behalf of the company to have proper safety policies and procedures in place and more.

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