JENKINS TOWNSHIP -- A man from Luzerne County believes he knows the person who hit and killed his mother with a car on Mother's Day and then sped off.
Now, he's preparing to file a civil lawsuit against the man.
Mark Darsky and his attorneys have filed several motions at the Luzerne County Courthouse, trying to move the hit and run case along in court.
Police say Darsky's mother Jean was killed on Mother's Day when she was at her mailbox and a car hit her. Darsky's attorneys say they know who did it even though that person hasn't been arrested.
Police say a car hit and killed Jean Darsky while she was at her mailbox.
Sheryl Storch is Jean's niece and lives next door.
"You don't stop thinking about it. It's 24/7. There's no stop. Even when you sleep, you're dreaming. You wake up with nightmares."
Jean's son, Mark, hired attorneys to do their own investigation.
In papers filed in court, they claim that John Kuniskas who lives on Westminster Road drove a white Ford pickup truck that hit Jean Darsky.
Now they want Kuniskas's truck to be looked over by investigators. Right now the truck is at the state police barracks in Wyoming.
"You just can't hit somebody and leave. There has to be…You got to stop."
Ed Ciarimboli represents Mark Darsky, the victim's son. He says it is important to get this civil lawsuit going even though Kuniskas hasn't been charged.
"The driver, it's not a who-done-it. We were 100 percent confident as to who the driver was," said Ciarimboli.
Ciarimboli won't say what evidence his investigators found.
Last week, the Luzerne County district attorney handed the case off to the state attorney general's office because of a conflict of interest.
Darsky's family hopes the case is resolved soon.
"When will the police actually say that this is a person, this is an arrest now? But instead it's just ongoing and it feels almost like it's torture to us," Storch said.
That attorney calls this lawsuit crucial for ensuring that Kuniskas doesn't sell off his assets. He says he wants to make sure there would be something to give the Darsky family.
Kuniskas's lawyer says Kuniskas is cooperating with authorities and will continue to do so.