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Family Of Hit & Run Victim Sue Karlie Tomica

MIAMI (CBSMiami) – The family of Stefano Riccioletti, who was killed in a hit and run crash on Miami Beach last week, has filed a lawsuit against the woman who was allegedly driving, Karlie Tomica, and the Nikki Beach Club.

There are three counts to the lawsuit filed this week including: negligence of defendant, Karlie Tomica; Liability under Florida dram shop act against Nikki Beach Club; and vicarious liability for the Nikki Beach Club for the negligence of Tomica.

The lawsuit alleged that Tomica, 20, "negligently operated and/or maintained the motor vehicle she was operating – so that it struck the plaintiff's decedent who was a pedestrian at the time." The suit said Tomica then fled the scene of the accident, despite Ricciolett having "observable and fatal injuries."

The lawsuit alleged Tomica was under the influence of alcohol and driving recklessly when she allegedly hit Riccioletti.

The suit included the Nikki Beach Club and said, "at all times material hereto, Defendant Tomica was served and consumed alcohol at the club, with the club's knowledge and authority that she was under the lawful drinking age."

Karlie Tomica, 20 is charged with leaving the scene of an accident involving death. She ran from cameras and didn't answer any questions as she left jail. She was taken into custody in the 5600 block of Collins Avenue.

Police said Tomica may have been drinking before the accident so they are waiting on toxicology results. Tomica could be hit with DUI charges depending on those results.

On Friday, a statement was released on behalf of Nikki Beach Miami from Steve Savola, General Counsel to Penrod Brothers, Inc.

"Our deepest thoughts and prayers are with the family and friends of Stefano Riccioletti and our hearts go out to his children. The principals of Penrod Brothers, Inc have been in business for well over 40 years, have had thousands of employees around the world and have never had a situation like this. Karlie Tomica was hired by Nikki Beach Miami as a part-time bartender in mid-November 2012 and came with 4 years of experience in the hospitality industry; first at Palm City Grill (Palm City, Florida) and for the past 2 years as a cocktail server at Hyatt Regency Miami's bar & lounge, Pure Verde, where she is still employed. Tomica signed all documents stating she would adhere to the strict policies that all employees must agree to. As we will only address factual information, we have no further comments at this time."

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