PORTLAND, Ore. -- A West Linn couple filed a $10.5 million lawsuit against a dental anesthesiologist who had numerous prescription drugs in his system when he drove in reverse through a parking lot and hit them last summer.

kgw.com photo

Brad, Tracy and John Herbert in a photo from the family.

Thomas L. Haymore, 36, was sentenced to two years and one month in prison after pleaded guilty in March to assault, recklessly endangering another and driving under the influence of intoxicants.

John and Tracy Herbert, both 38, filed the lawsuit Monday in Multnomah County Circuit Court against Haymore and the West Linn clinic where he worked.

The lawsuit alleges that Haymore was negligent in taking drugs before driving, then failing to control his minivan. The suit claims the clinic was negligent for not controlling access to drugs Haymore took.

The suit is seeking damages for suffering, loss of income, medical bills and emotional distress.

Neither Haymore nor the clinic could be reached for comment late Tuesday. Haymore reportedly told authorities after the crash that he was on a combination of prescription drugs for pain, sleep and depression.

According to the suit, Haymore drove a Dodge minivan Aug. 6, 2007, in reverse at a high rate of speed through the parking lot of a Starbucks, crashed through some bushes, barreled down a small slope and plowed into the Herberts, who were walking and pulling their son behind in a red wagon.

The suit says John Herbert suffered a perforated bowel, lacerated liver, staph infection, hypertension, a fractured right foot, a hernia, abrasions, tinnitus, concussions and injuries to his spine. Tracy Herbert had a concussion, vertigo, abrasions, contusions and injuries to her spine, the suit says.

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According to court documents, tests found Demerol, Propofol, Tramadol, Trazodone, Prozac and Benadryl in Haymore's system after the accident.

Haymore, who is in drug treatment, voluntarily surrendered his state dental license.