The family of the man whose Aug. 28 death spurred the first recall of Toyota vehicles for unintended acceleration has filed a products liability and negligence lawsuit against the Japanese automaker.

Mark Saylor, 45, a California Highway Patrol Officer, was killed along with his wife, their daughter and his wife’s brother after the 2009 Lexus he was driving suddenly accelerated out of control while on Interstate 125 near San Diego, according to the complaint, which was filed on Tuesday in San Diego County Superior Court.

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