Caitlyn Jenner's Attorney: She's Not Avoiding Deposition in Car Crash Suit

by Raphael Chestang 3:41 PM PDT, July 10, 2015
Playing Caitlyn Jenner's Attorney: She's Not Avoiding Deposition in Car Crash Suit

The family of Kim Howe, the 69-year-old woman who was killed in a car accident involving Caitlyn Jenner, has accused Jenner of "refusing to appear for deposition" in the wrongful death lawsuit they filed.

Now, Jenner's attorney is speaking out, vehemently denying the claims on his client's behalf.

VIDEO: Caitlyn Jenner's Fatal Car Crash

New documents from the Howe family lawsuit, claim that "Ms. Jenner has failed and refuses to appear for deposition" and that "plaintiffs will be filing a Motion to Compel Ms. Jenner's deposition."

"Ms. Jenner has refused to accept responsibility for causing this collision," the filing continues. "Plaintiffs have also obtained a statement from a witness who described Ms. Jenner driving erratically just prior to the crash. Defendant Jenner is attempting to escape responsibility by arguing that plaintiffs do not have standing to bring this wrongful death action."

Jenner's attorney, Philip Boesch, told ET in a statement Friday that they had not received any new documents, and that claims Jenner was in any way avoiding a deposition were "just plainly misleading and wrong."

Boesch said that they were waiting for the court to determine whether Howe's stepchildren, who Jenner's team argue were not financially dependent on Howe, actually have standing to make the claim.

GALLERY: Caitlyn Jenner Fatal Car Crash Surveillance Photos

Jenner has not been charged with any crime and the Los Angeles County Sheriff's Department continues to investigate the case, though the Malibu/Lost Hills Sheriff's Department told ET they hope to "wrap it up by the end of the month."

On Thursday, ET obtained and was the first to publish surveillance footage showing the sequence of events leading up to the four-car February wreck. The footage may help investigators determine who was at fault.

The images appear to show Jenner's Cadillac Escalade, which was towing a trailer carrying an off-road vehicle, hitting both Howe's white Lexus and a black Prius driven by Jessica Steindorff, who is also suing Jenner for personal injury claims.

Steindorff's attorney Robert Simon told ET exclusively on Friday that their team's investigation, including data from the cars' on-board computer systems, showed that Jenner's vehicle was traveling at 47 mph, just under the 50 mph speed limit, at the time of the first impact.

While there is no evidence that Jenner was texting while driving, Simon also told ET that the data showed Jenner only started to apply the brake a half-second before the first impact, which could mean that she was distracted from the road.

Jenner has been filmed behind the wheel of an SUV seemingly not paying attention to the road on Keeping Up With the Kardashians, as in this clip from Season 10, which first aired in May.

The 65-year-old former Olympian gave a statement shortly after the incident, saying, "My heartfelt and deepest sympathies go out to the families and loved ones and to all of those involved or injured in this terrible accident. I will continue to pray for them and I will continue to cooperate in every way possible." On Thursday, Jenner's attorney referred back to this same statement and said, "Caitlyn's comment is true and up to date."