The mother and brothers of a 7-year-old boy hit by a vehicle and killed in December 2007 as he walked along a dark road in Little Canada have sued the woman who was driving, and her husband.

Jacob Austin was fatally injured as he walked home from a friend's house with his two brothers and a friend the night of Dec. 8, 2007.

Linda L. Fahey, 61, was charged with misdemeanor careless driving in connection with the incident after a grand jury failed to indict her on more serious charges. Ramsey County District Judge Kathleen Gearin found Fahey not guilty, saying, "Minnesota law makes clear that not every tragic accident is the result of negligence or carelessness on the part of any party."

Fahey told the court she was driving no more than 30 mph as she and her husband were coming home from a Christmas party in Richfield. She heard a thump and her husband, Mike, who was napping in the passenger seat, told her to pull over. They found Jacob lying unresponsive in the snow. Jacob died of his injuries two days later. His brothers and friend were not seriously injured.

The lawsuit, filed Thursday in Ramsey County District Court, names Tina Austin, Jacob's mother, and his brothers Damian Austin and Neal Stewart, as plaintiffs and Fahey and her husband as defendants.

The suit asks for the standard "in excess of $50,000" for Austin and for the boys. It alleges that Jacob's death was "the direct and proximate result of the negligence and carelessness of the defendant."

PAT PHEIFER