- EXCLUSIVE: Legal precedent is relying upon dates back to a case from 1774
- Agnieska Fryszman told MailOnline, it's ironic their suit relies on English law
- Anne Sacoolas is claiming diplomatic immunity while under investigation
- Car she was driving struck motorcyclist Harry, 19, in Northamptonshire, August
The suspect in the death of Harry Dunn is to be sued by his family in the US using a 245-year-old English law.
Harry's parents, Tim and Charlotte, arrive in the US this week to meet with their lawyer and finalise arrangements for the civil suit against Anne Sacoolas, which will be submitted in a court in Virginia, where the American currently lives.
She went to the US claiming diplomatic immunity while under investigation after a car she was driving struck a motorcycle ridden by Harry, 19, outside RAF Croughton in Northamptonshire in August.
Agnieszka Fryszman, the Dunns' lawyer in the US, told MailOnline: 'It's quite ironic that our civil suit is relying on ancient English common law on transitory tort.
'This establishes the right of individuals to take action anywhere regardless of where an incident might have taken place.
'This law was established in England and later upheld in the US. Ms Sacoolas left England for Virginia, which means we are entitled to sue her there.'
The legal precedent the Dunns' lawyer is relying upon dates back to a case from 1774 in which Anthony Fabrigas sued John Mostyn for offences committed in Minorca.
. . .
Ms Fryszman, who works for the Washington DC law firm Cohen Milstein, also revealed that the civil suit would include Ms Sacoolas's husband Jonathan, a US intelligence official who was based at the RAF base.
Five members of Harry's family will be bringing the civil suit; his parents, their partners and twin brother Niall.
Ms Fryszman added: 'It may end up actually being more but at this stage, only these five are involved. We will be suing for emotional distress and wrongful death.
'There's a limit to what a civil suit can achieve. It cannot make Ms Sacoolas go back to Britain, but it can shine a light on what actually happened and contribute to the justice the family feel they deserve.'
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