CASPER, Wyo. (AP) — Relatives of a Five-year-old girl killed in a collision at Hogadon Ski Area are suing the ski patrol and city of Casper.

The lawsuit filed Friday in state district court alleges the ski patrol and city failed to protect the girl from an intoxicated person on a snowboard.

The Associated Press reports the accident happened on Christmas Eve in 2010. Twenty-three-year-old Craig Shirley collided with Kelli Johnson and her young daughter, Elise.

The crash at the ski area killed the girl and Shirley. Kelli Johnson was seriously injured.

An investigation found Shirley committed no crime but the lawsuit alleges Shirley had been cited for snowboarding recklessly in the past.

The lawsuit seeks payment for medical expenses and other damages. The city risk manager declined to comment.