HONOLULU (CBS/AP) — The family of a 16-year-old Vacaville girl killed in a Hawaii watercraft crash is suing an Australian tourist charged with negligent homicide.

The lawsuit filed Monday in Circuit Court in Honolulu by Kristen Fonseca’s family also names as a defendant Aloha Jet Ski, which rented the personal watercrafts that the girl and the Australian tourist were riding.

The suit claims employees did nothing to prevent Tyson Dagley from driving recklessly. Company representatives couldn’t be reached for comment.

Fonseca died a day after last week’s crash.

Dagley was expected to be arraigned on a misdemeanor charge of third-degree negligent homicide Tuesday.

Investigators said Dagley was standing on his rented watercraft before it hit Kristen Fonseca’s watercraft from behind. They said he was looking at his girlfriend, who was taking video and photos, and didn’t pay attention to where he was going.

Dagley’s girlfriend, Natasha Ryan, was charged with hindering his prosecution.

Ryan told investigators Dagley was looking straight ahead, and that she didn’t see the crash. But deleted videos were recovered from Ryan’s camera showing the crash.

(Copyright 2012 by CBS San Francisco. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)


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