A lawsuit filed this week in DeKalb County accuses an Uber driver and the company of negligence leading to the death of an 89-year-old man.

L.C. Nunn was struck Feb. 16 on his morning walk by a 2016 Toyota Corolla driven by Oluwamatemi Alabi, a DeKalb woman, the suit said. The man, identified in his obituary as a World War II veteran, died a week after the accident on Phipps Boulevard in Atlanta.

Uber spokeswoman Susan Hendrick said the company doesn’t comment on pending litigation, “but our hearts and thoughts are with the victim.” She said Alabi, who couldn’t be reached for comment Thursday, was banned from driving for Uber, pending the investigation.

The lawsuit, filed in DeKalb state court, alleges Uber was negligent in allowing Alabi to drive for the company without better vetting to prevent such accidents.

“L.C. Nunn was aware of his impending death and suffered conscious pain and suffering,” said the suit, brought by the victim’s children, Donald Nunn and Jewel Baldwin.

Alabi said she didn’t see the man in the crosswalk, according to a police report. Nunn was conscious at the scene, with bruises on his face, and complained of pain in his hip, legs and arm, the report said.

Police cited Alabi for allegedly failing to yield.

The suit asks for damages in an amount to be determined in court.

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