The family of the Good Samaritan who was killed in a hit-and-run two years ago have filed a civil suit against the Edmonton driver acquitted of all charges.

Kieran Porter was on trial for failing to stop at the scene of an accident, careless driving and causing death after Andrew Green, 46, was struck and killed on June 13, 2012.  

At the time he was hit, Green was helping stranded motorists on Anthony Henday Drive road.

Porter was acquitted of all charges Thursday after a judge ruled against admitting key evidence because his Charter rights were violated.

Kieran Porter

Kieran Porter leaves the Edmonton courthouse on the first day of his trial on charges of careless driving and failing to stop and offer help to an injured person in the death of good Samaritan Andrew Green. (CBC)

The statement of claim made on behalf of the family alleges that Green's death was caused by Porter’s negligence.

The document also alleges that Porter was searching for a cigarette he dropped when the collision occurred and that he was impaired by alcohol, drugs or tiredness.

It also says the family is seeking $1-million in damages for “grief and loss of care, guidance and companionship."

The allegations in the statement of claim have not yet been proven in court.