Jorge Cruz and Silvia Martinez brought the suit, which alleges that Gayheart struck their son Jorge Cruz Jr., 9, while driving Leonardi's 1996 Jeep Grand Cherokee. The boy was taken to nearby Children's Hospital Los Angeles, where he was pronounced dead.
Steven Lerman, the couple's attorney, alleged that Gayheart was talking on a cell phone when the accident occurred.
Cruz was hit July 13, near the intersection of Bronson Avenue and Carlton Way in Hollywood. According to the papers filed in court, a stopped car waved Cruz across the street. Gayheart swerved to go around the waiting car and ran into the youngster, the suit alleges.