(NCTIMES) — The parents of the 3-year-old boy who choked to death on a pushpin at his Oceanside preschool in August filed a wrongful-death lawsuit against the school Thursday, an attorney for the family said.

The civil lawsuit, filed in Vista Superior Court, alleges negligence on the part of Kid’z Biz Inc., the company that owns Montessori School of Oceanside. Tyler Howell was in the care of the school when he choked on a pushpin Aug. 8.

Tyler’s parents, Aja and Daniel Howell of Oceanside, held a news conference the next day, during which Aja Howell said the school wasn’t at fault for the boy’s death.

They decided to sue the school and remove their daughter from its care after a state investigation found care and supervision failures that may have been factors in Tyler’s death, the family’s attorney, David Casey Jr., said Thursday.

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