Wrongful death lawsuit filed against teen driver

Marty Wilcox, his wife, and older son were killed in the collision.

We have new information this evening on the car crash that killed three members of an Eldon family.

Marty Wilcox, his wife Elisa and the couple's 3-year-old son Marty were killed February 28 in a head on collision on Highway 52 at Brown Road in Miller County.

The only survivor in the family's car, was the couple's baby boy, Gabriel, born just two days before.

Now the mother of Marty Wilcox Sr., has filed a wrongful death lawsuit.

Mary Robinson filed the lawsuit against 19-year-old Emily Frakes on March 19 in miller county.

The Highway Patrol said Frakes crossed the center line on Missouri Highway 52 and hit the Wilcox family head on.

Court documents say Frakes was speeding at the time.

Robinson's lawsuit claims the teen was careless and negligent.

Robinson said because of that, not only has she lost 3 members of her family, she's also had to take care of funeral and burial expenses.

The documents also say baby Gabriel will always suffer the loss of his parents and older brother and say the newborn was physically hurt in the crash but the extent of his injuries are unknown.

Robinson claims Frakes was cited for speeding days before the crash and say she showed a conscious and reckless disregard for others.

Baby Gabriel is now in the custody of his mother, Elisa Wilcox's parents.