ST. PAUL, Minn. (AP) — The family of a man who was struck and killed while out for a walk in St. Paul has filed a wrongful death lawsuit against the driver who struck the victim.

Relatives of 35-year-old Scott Spoo say Peter Berge was negligent when he hit Spoo in a crosswalk in February 2017. The 62-year-old Berg, a prominent attorney, argued his brain cancer played a role in the accident. Prosecutors declined to file criminal charges.

The lawsuit has a lower burden of proof than needed for a criminal conviction. The Star Tribune reports Spoo family attorneys will attempt to show that Berge was weaving all over the road while looking down at his cellphone in the moments before the crash and that his health had no bearing on his ability to drive.

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