FITCHBURG (CBS) - It's been seven months since a young woman was hit and killed by a plow in Fitchburg.
No charges have ever been filed, but her family is hoping a new lawsuit will shed light on the case and bring justice for their daughter.
The roadside memorial has faded a bit, but father Glen Hill's pain has not.
"It has not gotten easier at all. I think it actually gets harder," Glen remarks.
On a snowy February night, Glen's daughter Elizabeth left her job at Market Basket for a short walk home. She was hit from behind by a private snow plow and killed.
The Hill family has filed a wrongful death lawsuit against Einstein's landscaping and owner David Langton who was driving the plow that night.
"I'm sure he didn't do it on purpose. I'm having a hard time with the lying," stepmother Beth Hill says.
According to the Hills, investigators say a call and text matching the accident time were deleted from his cell phone.
Glen says, "If it was an accident I could have dealt with that. But people hiding stuff."
When reached by phone, Langton said he had not yet seen the lawsuit and had no comment. Police say they are not ruling out criminal charges but seven months later the charges still have not been filed.
Beth states, "I would have thought that at least the criminal part of the investigation would have been done within a few months."
The Hill family hopes the lawsuit will cover the $60,000 in medical bills that Einstein's insurer has declined to pay. They contend that Elizabeth was illegally walking in the dark, snowy street, a claim Glen finds, "absurd."
The lawsuit counters that Langton's negligent, reckless, and distracted driving was to blame. The victim's stepmother now freaks out whenever she sees somebody texting at the wheel.
Beth explains, "I just want to scream at them put your phone away! And sometimes I do."
But that outburst often turns to emptiness in missing Elizabeth's magic smile and quirky energy.
"It puts things into perspective on what's important in life," Beth comments.
But the Hill family fears their daughter's upcoming birthday will be harder still.
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