Girl Sues Dad Shot in Road Rage Attack Father's middle finger 'escalated the situation': lawyer By Matt Cantor, Newser User Posted Jul 11, 2011 3:00 PM CDT 16 comments Comments A screen grab from ABC News video of Thomas Timko. (ABC News) (Newser) – An 11-year-old is suing her father after he was shot in a road-rage clash—while she was in the car. At issue: Dad Thomas Timko gave another man the finger after the man cut him off while driving. That “escalated the situation” and ultimately led to the four shots being fired at the vehicle, says daughter Kaitlyn's lawyer. “He cannot provoke other drivers, especially when he has his kid in the car.” The incident left Timko with brain damage and a large scar; Kaitlyn was physically unhurt, but she hasn’t been the same since, says her mother. The once-outgoing girl “went into a shell,” her mother tells ABC News. The man who fired the gun—a schizophrenic ex-Marine—isn’t named in the suit at all, and Timko’s lawyer says his daughter is targeting the wrong guy. The shooter, Christian Squillaciotti, “is the proximate cause of her alleged emotional distress, not her own father,” the lawyer says. The lawsuit doesn’t accuse Timko of bad driving or parenting, however. Instead, it aims at his insurance company, calling on the firm to cover Kaitlyn’s therapy costs.