TAMPA, Fla. — The family of a woman hit and killed by a garbage truck last year has filed a wrongful death lawsuit against the city of Tampa.

  • Marcia Rivers, 65, struck by garbage truck on Davis Islands in 2018
  • Complaint asserts truck backing up had no working backup lights, alarms
  • City aware of lawsuit, would not comment
  • More Hillsborough County stories

The complaint asks a circuit court to find the municipality liable for the negligence of its truck driver. The driver is not named as a defendant in the lawsuit.

Marcia Rivers, 65, was on her morning walk on Davis Islands when she was killed by a waste management truck that was backing up in an alley.

"We feel based on our investigation that the city of Tampa knew or should have known that the garbage truck at issue had problems with it," said Sumeet Kaul, an attorney with Morgan and Morgan who is representing Rivers family.

He said their complaint alleges the truck was reversing without working backup lights, and that there were no beepers or alarms that might have helped Rivers know it was coming.

The lawsuit asserts that as a result of the accident Rivers's family had to pay medical and funeral expenses, and suffered "mental pain and suffering" because of her death.

"The family has told me Ms. Rivers didn't make her bed that day," Kaul said. "She was fully expecting to come home, and then they get the call about this tragedy, and they say life can be so precious and so fleeting and just to savor every moment we have with family."

When contacted for a statement, City of Tampa Director of Marketing and Communications Ashley Bauman said they are aware of the lawsuit, but she said "We do not comment on on-going litigation."