FORT WAYNE, Ind. (WOWO): A truck driver involved in a fatal accident at a Fort Wayne Walmart last month is being sued by the victim’s family.

79-year-old Kenneth Steele was killed last month when a semi driven by Charles Smith ran over him after Steele fell while trying to help Smith back the truck up.

Now the Journal Gazette reports that Steele’s family has filed a wrongful death suit against Smith and the trucking company he works for, World Way Inc., accusing both of negligence while also accusing the company of putting “unqualified and reckless” drivers on the road.

They’re seeking unspecified financial damages.