$92M wrongful death lawsuit filed against city in Orlando police crash that killed great-grandmother
ORLANDO, Fla. —
The family of Milagros Ortiz is keeping the memory of their matriarch alive on what should have been the dancing great-grandmother’s 93rd birthday on Wednesday.
“We just want you guys to know how much we miss her, how much she meant to us, and we are going to keep celebrating her,” granddaughter Melissa Diaz said.
Ortiz’s daughters, grandchildren and great-grandchildren joined Attorney Ben Crump at a church in Eatonville as he announced he’s filed a $92 million wrongful death lawsuit against the city of Orlando.
Count one of the civil complaint alleges “wrongful death based upon negligent operation of motor vehicle,” while count two alleges “wrongful death based upon the negligent maintenance, inspection and deployment of the OPD vehicle.”
“I never thought that we would be celebrating her birthday in front of cameras, asking for justice because an officer ran a red light and caused her death,” Ortiz’s granddaughter Ashley Rodriguez said.
The video first obtained by WESH 2 Investigates shows the marked Orlando Police SUV crashing into the Jeep carrying Ortiz home from her weekly bingo game in January.
Ortiz died from her injuries the next day in the hospital.
“I’m trying to heal,” her youngest daughter Judy Santiago said, “and I still can’t heal. As much as I want to do it, it hurts too much. My heart is broken.”
The lawsuit filed in Orange County mentions the deaths of 28-year-old Delmy Alvarez in 2023 and 56-year-old Gerald Neal in 2025.
As WESH 2 Investigates has reported, Alvarez and Neal were both killed in crashes involving suspects fleeing from officers in what Orlando police later determined were unauthorized pursuits.
“By January 2026, the City had received repeated warnings concerning the potentially fatal consequences that dangerous police vehicle operations could impose upon innocent motorists, passengers, and pedestrians and regular citizens living in Orlando,” Crump said.
The investigation into Ortiz’s death revealed the 2019 Ford Explorer had a documented history of issues with its lights and sirens.
In the video, the lights appear to be steady instead of flashing as Officer Andrew McKuhen drove into the intersection of Semoran Boulevard and Hoffner Avenue, but then they went dark right before impact.
“We had filed the lawsuit to make sure we can get discovery to get on the record who was responsible for the maintenance as well as who were the manufacturers,” Crump said, “and so the lawsuit gives us the entree in to get specific information, so we can amend and add parties.”
Orlando police said the department supported the decision by the State Attorney’s Office in Orange County to not prosecute McKuhen for vehicular homicide.
Chief Eric Smith has declined multiple interview requests from WESH 2 Investigates, but he spoke about this case on a local podcast in June.
“The vehicle had been wrecked prior to (McKuhen) when he came on the department,” Smith said on “The Patrick Carr Show.” “It’s one of our older vehicles. He had brought it in three times saying hey my lights aren’t working.”
During the news conference with Attorney Crump, the family sang “Happy Birthday” and called for “Justice for Millie.”
“We hope that the police force will look into these matters and take different procedures or steps to train the police force on how being more careful, especially going in through an intersection, whether you have sirens or not, you need to be vigilant,” Ortiz’s daughter Evelyn Alicea said.
The attorney for Officer McKuhen told investigators he was trying to follow a driver that made an illegal U-turn.
WESH 2 Investigates has requested the findings from Orlando police internal affairs multiple times, but those records have not yet been released.
Police say it is still an active investigation.
“Our hearts remain with the family and loved ones of Ms. Milagros Ortiz as they continue to grieve this tragic loss,” a city of Orlando spokesperson previously said in a statement. “Because there is still ongoing litigation and an internal investigation, we are unable to provide further information.”