The lawsuit, which alleges "unsafe operation" and "excessive speed" on the part of former Pridemark Paramedic Service ambulance driver Kevin Shepard, was filed last week by Dennis Boemker and Cyndie Bauer.

They are the parents of Boulder High School junior Hannah Boemker, who died May 1, 2006, after Shepard collided with her Honda Civic as the 16-year-old attempted to turn northbound onto 30th Street from a stop sign on Euclid Avenue in Boulder.

The ambulance, which had its siren and lights on, was responding to a call of a structure fire in Boulder. Minutes after the crash, officials determined the smoke was actually coming from a barbecue grill.

Shepard was cleared by police of criminal wrongdoing in the collision. They determined he was driving 41 mph in the 35-mph zone — within Pridemark’s guidelines — at the time of the accident.

Both Shepard and a paramedic riding with him said they saw headphones in Boemke’s ears right before the vehicles collided, possibly preventing her from hearing the ambulance approaching.

But investigators were never able to determine whether Boemker was actually wearing the headphones or whether her portable music device was turned on.

Boemker and Bauer claim in the April 30 lawsuit that they are owed damages — including grief, loss of companionship, and medical and funeral expenses — in their daughter’s death, which they said was a direct result of Shepard’s negligence.

The lawsuit does not specify a dollar amount being sought by the couple, but requests that a jury determine damages in the matter.

Bauer, who was reached at her home Friday, declined to comment on the lawsuit.

The couple’s attorney, Rick Hull, could not be reached.

Mike Donner, president of Pridemark, said the company planned to vigorously defend itself and Shepard, who has since left the company.

“We are obviously disappointed this incident has to come to light again,” Donner said Friday. “Our driver was within our regulations as best we can tell now and as best we could tell two years ago. We were happy that the police found he hadn’t broken any rules.”

The accident prompted Boulder emergency officials to change their fire response protocols.

Ambulances are no longer required to travel in emergency mode to a reported fire, meaning drivers use sirens and lights, traffic-signal changers and travel 10 mph over the posted speed limit.

Now paramedics proceed to the scene at a posted speed unless specifically alerted that there is a medical emergency in progress.

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