LOS ANGELES (KABC) -- The family of a bicyclist who was struck and killed by a sheriff's patrol car in Calabasas filed a lawsuit Wednesday against the Los Angeles County Sheriff's Department, Los Angeles County, and the deputy-involved in the accident.
Milton Everett Olin Jr. of Woodland Hills was riding eastbound in a bike lane in the 22000 block of Mulholland Highway just after 1 p.m. on Dec. 8, 2013, when he was struck by Deputy Andrew Wood's patrol vehicle. Olin and the patrol car were traveling in the same direction at the time of the collision.
Olin, 65, was declared dead at the scene. Officials said Wood, a 16-year veteran, was not responding to a call at the time.
"This accident never should have happened," Olin family attorney Bruce Broillet said. "The negligence of a sheriff's deputy caused this terrible tragedy."
The Olin family is hoping to get details about what led to the accident. Attorneys claim few details have been released, and the family has yet to receive a copy of the accident report.
According to a search warrant affidavit obtained by the Daily News, Wood was texting from his personal phone shortly before the accident. It's not clear if the deputy was texting at the exact moment he slammed into Olin.
"Before we comment on individual pieces of evidence, we want all the evidence, and that's what we're trying to get from the sheriff's department," Broillett said. "What we do know is this: the sheriff entered the bicycle lane and killed Mr. Olin who was right in front of him on a clear, sunny day."
An L.A. County sheriff's spokesperson told Eyewitness News: "The investigation has concluded and was turned over to the D.A.'s Office. Due to pending litigation, and the fact the D.A. is reviewing the case, it would be inappropriate to comment further."
A spokesperson for the District Attorney's Office says the case is still under review.
"Our feeling is that this is really a straightforward incident, this is not a nine-car collision that occurred over the course of two miles of activity, and so on. This is straightforward and this is taking too long," Broillet said.
Olin was an entertainment attorney and a former CEO of Napster. He left behind a wife and two grown sons.
"Losing a loved one is never easy, but when it happens catastrophically, it is difficult to get a sense of closure," Olin's son, Christopher Olin, said. "We are still grieving and struggling with this enormous loss."
Those named in the lawsuit have 30 days to respond. The family is seeking a jury trial.
City News Service contributed to this report.
Family of bicyclist killed by sheriff's patrol car sues LA County