MIAMI (CBSMiami) – A lawsuit has been filed against the driver a Lamborghini who police say was driving 120 mph when he slammed into an SUV on the MacArthur Causeway killing one man and seriously injuring another.

On the morning of April 24th, Andres Toro crashed into the back of a Chevrolet Suburban stopped at a light at Fountain Street. The passenger in the Lamborghini, 42-year old Dr. Malcolm Lloyd, was killed. The driver of the SUV, 46-year-old Raul Alfonzo, was rushed to Jackson Memorial Hospital in critical condition.

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The accident report says that the Lamborghini tried to change lanes and struck the Suburban. The report said there was no evidence that the driver tried to brake for the red light and demonstrated a “willful and wanton disregard for persons or property.”

Last week an attorney for Lloyd’s family filed a suit against Toro, 53, alleging “intentional misconduct, gross negligence, and a reckless disregard for the welfare of Dr. Lloyd.”

Andres Toro (Source: Miami-Dade Corrections)

Andres Toro (Source: Miami-Dade Corrections)

According to the complaint, Toro was legally intoxicated while driving the Lamborghini in excess of 100 miles per hour, westbound on MacArthur Causeway, when he slammed into the back of the SUV. The impact sent the Lamborghini more than 100 yards into the air, according to the complaint.

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The suit points out that Toro’s blood alcohol level, which was taken approximately 40 minutes following the crash, was 0.173, twice the state’s legal limit.

“Excessive speed and excessive drinking are a lethal combination that took the life of a brilliant man and instantly made a beautiful wife a widow and two little boys fatherless,” said attorney Ervin Gonzalez in a statement. “The Defendant’s acts were reckless and despicable and cannot be tolerated in our society. We hope this case will bring some attention to the dangers of drinking and driving and deter others from acting in a similar manner.”

Lloyd was the founder and CEO of Old Nassau Imports, a luxury alcohol company. According to a press release from the company, Lloyd was honored as one of 2012′s most innovative entrepreneurs.

In addition to Vehicular Homicide, Toro has been charged with DUI Manslaughter and DUI with Serious Bodily Injury. If Toro is convicted of all the charges, Toro could face at least 21 years behind bars.

On April 39th, Alfonzo family attorney Glen Goldberg told CBS4 News that his law firm was considering filing a lawsuit in this case as well.

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