Family of Somerset girl who choked on marshmallow files suit

Three months after an 11-year-old girl from Somerset died after choking on a marshmallow at a friend’s birthday party, her parents have filed a lawsuit.

The 5th graders mother Iris Estabrooks hoping the civil suit will provide her family with answers as to how this tragic situation could have happened.

The suit is filed against Alison and Raymond Dugan it alleges that they were negligent in their care of 5th grader Azriel Estabrooks specifically pointing to the time it took to call 911 and the supervision at the party.

"She was amazing. Granted I’m her parent and what parent wouldn’t say their child is amazing but, she truly was,” said Azriel’s mother Iris Estabrooks.

"I don’t know what happened at the party, during the party. I wasn’t there when anything happened. I don’t have any answers and that’s what I’d like."

Azriel was found unconscious on the floor of a party hosted by the Dugan’s on April 16th. She died 5 days later, never regaining consciousness.

"It’s not clear exactly when anyone first noticed that there was an issue and how quick the response was and was the response appropriate,” said Steven Sabra.

The party was the first one ever that Azzy was allowed to go to without her parents or other. Her mom saying she begged for days to attend.

"My children are my world. They are my heart. The day I lost my daughter a piece of my heart, a huge chunk of my heart left,” said Estabrooks.

An investigation by the Somerset Police Department found no criminal wrong-doing on behalf of the Dugan’s.

Estabrooks says there has been no contact what so ever between the two families.

(C) WLNE 2016