Parents of SLO County child swept away by floodwaters sue government over son’s death

The parents of the 5-year-old San Miguel boy who was swept away by floodwaters in January are suing San Luis Obispo County, Paso Robles and Caltrans over their son’s assumed death.

Kyle Doan had been missing for 10 months as of Tuesday.

The kindergarten student and his mother, Lindsy Doan, were headed to school on Jan. 9 when their car was overtaken by water in San Miguel.

Bystanders were able to rescue Lindsy Doan, but unable to help her young son.

In the lawsuit, the Doan family alleges the responsible government agencies did not properly warn residents of the weather conditions that occurred on Jan. 9.

The current lawsuit only pertains to the events leading up to Kyle being swept away. It does not address the search and recovery efforts that followed.

The family is suing for negligence, dangerous condition of public property, failure to warn, wrongful death, survival action and bystander recovery of emotional distress, court documents show.

Brian Doan, Kyle’s father, told The Tribune in May that the San Luis Obispo County Sheriff’s Office and Gov. Gavin Newsom gave the family “empty promises” of finding their son and missed what he believed were search opportunities.

“While we empathize with the grief the Doan’s may be experiencing, we do not agree with the merits of the suit.,” San Luis Obispo County attorney Rita Neal told The Tribune in an email.

Neal said the county has not yet been officially served with the lawsuit, but “will actively defend the county” once it is.

Caltrans declined Tuesday to comment on the lawsuit pending the litigation.

Paso Robles City Manager Ty Lewis told The Tribune in an email the city will navigate the legal process to understand how it may be involved with what occurred “north of its jurisdiction,” noting that the city’s involvment is not clear yet.

“Our hearts go out to the family for the pain they must be enduring while they seek to out their lives back together and heal,” Lewis said. “We respect the family’s perspective and their need for closure.”

Kindergartner swept away in flood assumed dead, lawsuit says

According to the complaint, Kyle Doan was sitting in the backseat of his mother’s SUV as she drove the two to Lillian Larsen Element School in San Miguel on the morning of Jan. 9.

At the crossing of San Marcos and Wellsona roads in Paso Robles, water “quickly carried the car into the overflowing creek where the car hit a tree,” the lawsuit said.

There were no road closure signs at the crossing, the lawsuit said.

The tree temporarily stopped the car from floating further down San Marcos Creek, the lawsuit said, and the SUV “rapidly” filled halfway up with water.

In an effort to save her son, the lawsuit said, Lindsy Doan told him to remove his seatbelt so they could exit the car through her door where she could reach a tree.

“The flowing water was carrying mud and debris which overextended Lindsy’s arm, breaking her grip of Kyle,” the lawsuit said. “Kyle was swept away by raging floodwaters.”

The lawsuit said Lindsy screamed for help and she was rescued by local residents, but her son’s body has yet to be found.

“The tragic assumption is that he is deceased,” the lawsuit said.

Lawsuit: ‘Unlawful’ road crossing approved by agencies led to tragedy

The lawsuit notes that there were “extreme weather conditions” in some areas of California before during and after Jan. 9.

“The county of San Luis Obispo is no stranger to extreme flooding,” the lawsuit said. “The county was well aware of the weather conditions but failed to warn its residents.”

Lindsy Doan alleges there were not any road closure signs at the crossing of San Marcos and Wellsona roads despite the county’s knowledge of upcoming weather conditions.

That crossing is owned and maintained by the city of Paso Robles, which designed and approved it with San Luis Obispo County and Caltrans.

The lawsuit alleges that crossing should have never been approved due its danger during rainstorms, and alleges its design is in violation of state standards.

The crossing was “unlawful” and “improperly and carelessly acquired,” the lawsuit said.

San Luis Obispo County, the city of Paso Robles and Caltrans failed to take steps to either make risky conditions safe or warn drivers of the dangerous conditions, the lawsuit said, causing Kyle’s presumed death.

Because of this, the lawsuit said, Lindsy and Brian Doan have suffered “immensely.”

Lindsy Doan “witnessed every moment of her son Kyle being swept away for her and out of her sight by the raging floodwaters,” the lawsuit said. “(She) remains unable to cope with the mental distress caused by the severity and circumstances of the incident and injury to her son.”

The Doan family did not specify how much money they are seeking in damages, but asked the judge to decide according to proof shown in court.

San Luis Obispo County, the city of Paso Robles and Caltrans have until the beginning of November to file a response to the complaint.