H-SAN LUIS OBISPO COUNTY

Dec 30, 2010 8:49 PM by Danielle Lerner

Family of CHP Officer Brett Oswald files wrongful death lawsuit

The woman charged with murdering a California Highway Patrol officer will now face a civil lawsuit as well.

The family of CHP Officer Brett Oswald has filed a wrongful death lawsuit against 23-year-old Kaylee Ann Weisenberg. She will stand trial on four criminal charges, including murder, in the death of CHP Officer Brett Oswald. Prosecutors say she hit and killed Oswald in a June car crash in Paso Robles. On Wednesday Oswald's widow and his parents filed the wrongful death lawsuit against Weisenberg.

"You should not be allowed to kill someone in this fashion, or any other fashion, and then have an insurance company write out a check and say thanks a lot we're closing our file," said James Murphy, the Oswald's attorney.

Court documents show Brett Oswald's widow and parents have filed a complaint for personal injury, property damage and wrongful death. Prosecutors said Weisenberg was speeding down South River Road in Paso Robles, high on methamphetamine, when she slammed into Oswald at 67 miles per hour.

The paperwork lists the action as an "unlimited" civil case where the damages exceed $25,000. Still the family's attorney says they will use any money they receive to help others.

"Family members have talked about setting up a memorial fund to help other young people who can't afford to become CHP officers become members of law enforcement, improve their lives and contribute to the community," said Murphy.

A family's fight for justice as they struggle to cope with a devastating loss.

"It's really sad that people this kind, this nice, this giving would be suffering a tragedy like this," said Murphy.

The family did not wish to speak on camera about the lawsuit saying they do not want to jeopardize Weisenberg's chance of receiving a fair criminal trial in San Luis Obispo County.

Weisenberg will be served with the civil lawsuit papers at the San Luis Obispo County Jail. She could face 15 years to life in prison for the criminal charges against her.

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