The mother of a Tucson teen who was killed in a 2001 shooting has filed a wrongful death case in Pima County Superior Court.

Barbara Nunez filed the case against Max Montijo LaMadrid, who in July was acquitted of first-degree murder in the killing of Nunez’s 16-year old daughter, Tanee Natividad.

LaMadrid was accused of first-degree murder and firing a pistol into traffic at an eastside fast food restaurant following a fight in 2001. A friend of LaMadrid’s had been shot and killed in the fight after which LaMadrid began firing at cars fleeing the area.

Natividad was not involved in the fight but was a passenger in one of the fleeing vehicles. A bullet struck her in the head killing her.

The bullet was too damaged to be connected to LaMadrid’s weapon.

A jury found him not guilty of the killing.

In her suit, Nunez says LaMadrid’s discharging of the weapon was the cause of Natividad’s death.

LaMadrid was convicted of discharging a weapon at a moving vehicle at a previous trial in connection with the 2001 incident. He is currently serving a 7 1/2 year prison term for that conviction.

Contact reporter Patrick McNamara at 573-4241 or On Twitter @pm929.