CHICAGO (STMW) – The family of a man fatally struck by a snow removal truck last week filed a lawsuit Monday against the City of Chicago and the truck driver.

The suit claims Richard Tobar was driving a city freight liner that fatally struck Alberto Moya on Wednesday, Feb. 2 at 2886 S. Archer Ave., according to a suit filed in Cook County Circuit Court.

The suit claims the truck was southbound on South Elias Court when it stopped and attempted to back across South Archer Avenue but struck Moya in the intersection.

Moya, 44, of 2894 S. Archer Ave., was dead on the scene, according to the Cook County Medical Examiner’s office. An autopsy determined he died from multiple injuries from a truck striking a pedestrian.

Police said the vehicle that struck Moya was a city Department of Transportation fleet truck. The driver stayed at the scene and was ticketed for operating the vehicle in reverse and failing to exercise due care for a pedestrian.

The two-count suit claims Tobar didn’t keep a proper lookout, failed to give audible warning and failed to yield to a pedestrian. It also claims he was driving too fast and failed to stop to avoid a collision.

A spokesperson from the city’s Department of Law was not immediately available for comment.

The suit, filed by Moya’s brother, Steve Moya, is seeking more than $50,000 plus the cost of the suit.

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