The parents of a 3-year-old who was struck and killed in Gorham two years ago by an SUV driven by a 13-year-old girl have filed a civil lawsuit against the girl’s grandparents and parents.

Guy and Virginia Tinkham, formerly of Tamarack Circle in Gorham and now living in Standish, are seeking compensation for the loss of their son, William, along with medical and funeral expenses. No dollar amount is specified.

William Tinkham is pictured during his third birthday celebration on March 1, 2021. Contributed / Monica Kennie

The suit filed last month in Cumberland County Superior Court names as defendants Virginia and Gary Ivey of Gorham, grandparents and custodial guardians of the driver; Portland residents Jessica Boucher and Christopher O’Brien, biological parents of the driver; and the juvenile who drove the car.

According to news reports at the time, the 13-year-old, a friend of the family, was waiting in the running SUV with William at the Tinkham’s home on Tamarack Circle on April 14, 2021, while his mother went inside to drop something off.

According to the lawsuit, the girl removed William from his car seat, placed him behind the vehicle, “got into the driver’s seat, placed it in reverse and attempted to back out of the yard.”

The girl “while attempting to operate the vehicle collided with William Tinkham causing fatal injury,” the suit says.

Virginia Tinkham saw her son being struck while walking back “out of her home,” the suit says, and Guy Tinkham witnessed it as he drove up returning home from work.

Gorham Police Chief Christopher Sanborn said Wednesday that the district attorney’s office filed no charges in the case.

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