It’s been nearly nine months since five-year-old Kyle Doan was swept away by floodwaters during the January storms. His parents, Brian and Lindsy Doan, filed a wrongful death lawsuit on Thursday.
The Doans' complaint requests damages for negligence, dangerous condition of public property, strict liability: failure to warn, wrongful death, survival action, and bystander recovery of emotional distress.
On Jan. 9, 2023, Lindsy and Kyle were on their way to school in San Miguel when their SUV was allegedly carried away by floodwaters.
According to the wrongful death lawsuit against the City of Paso Robles, the County of San Luis Obispo, and Caltrans, “Lindsy pulled Kyle out with one hand while holding the tree with the other hand. The flowing water was carrying mud and debris which overextended Lindsy’s arm, breaking her grip of Kyle. Kyle was swept away by raging floodwaters.”
During an interview with KSBY News on May 5, 2023, Brian Doan said, “Our son is still missing, and the agencies and people in responsible positions haven't been following through with their rhetoric... It just seems like he's just our son, just gets pushed off the grid."
On Friday, Brian Doan confirmed with KSBY News that his family has taken legal action.
“The lawsuit is on them [defendants],” Doan said.
The lawsuit reads, “As a direct and proximate result of defendants’ negligence, a breach of duty and failure to take steps to either make the risky conditions safe or warn drivers of the dangerous conditions, all caused, Kyle to be swept away by raging floodwaters at the crossing of San Marcos Road and Wellsona Road. Although his body has not yet been located, Kyle is tragically presumed deceased.”
KSBY News reached out to the parties listed as defendants.
“We are aware that a lawsuit has been filed but the County has not yet been served,” said Rita Neal, San Luis Obispo County Counsel, in a statement.
Paso Robles City Manager Ty Lewis said their hearts go out to the family.
“The City will navigate the legal process as we seek to understand how we might be involved with what occurred north of our jurisdiction. That part isn’t clear yet. However, we respect the family’s perspective and their need for closure,” he added.
Caltrans representative Jim Shivers said that “due to the potential or pending litigation Caltrans will not comment at the time.”
Brian Doan said efforts to find Kyle will continue.
“A Utah K9 search team plans to search in November or early December,” Doan explained. “The drone team is planning to come survey in November.”
