VALPARAISO | A negligence lawsuit was filed Monday against a Portage man accused of killing a 9-year-old girl while trying to scare her and a group of other children.

James and Lisa Miller, the parents of the late Elizabeth Miller, filed the suit against Richard McCall seeking an unspecified amount of money.

The suit, filed on behalf of the couple by attorney Bob Harper, alleges McCall was negligent for driving at an excessive speed, failing to keep control of his 1999 Chevrolet Silverado pickup truck and failing to keep proper lookout.

The Millers said they suffered a loss of love, companionship and assistance of a child; emotional distress and incurred funeral expenses.

Miller is accused of driving to a house he owns at 5224 Concord Ave. during the early evening of Feb. 9 after being informed that children were playing on the property.

Police said he raced up to the property in his truck at a speed as fast as 50 mph in an attempt to scare the children and struck Elizabeth Miller, who died at the scene.

McCall has been charged with felony counts of reckless homicide and criminal recklessness, and misdemeanor charges of criminal recklessness and reckless driving.

He is scheduled for an initial hearing Feb. 25 before Porter Superior Judge Bill Alexa.