COLUMBUS, OH (WCMH) – A shocking scene that took everyone’s breath away who watched it unfold.  Just a month ago at the Fireball broke at the Ohio State Fair.  The accident killed one and injured seven others.  Keziah Lewis saw her boyfriend fall to his death.  Her lawyer, Sean Alto, said it’s been very hard on her since that awful day.

“She’s having a difficult time. I mean processing that. She was sitting right next to him, and to wake up in the hospital and be told. That’s unimaginable,’ said Alto.

Prosecutor Ron O’Brien isn’t filing criminal charges in this case.

“It’s not surprising at all. We sort of expected it all along. We saw this as a civil case from the very beginning,” said Alto.

Alto said he and his client are now ready to move forward with their lawsuit.

“We have an opportunity to gather all of the information that otherwise we haven’t been able to get yet. The report that was released today by Ohio State Highway patrol all the photographs the videos all the details investigation notes now we have an  opportunity to really dig in.”

As they continue with the investigation, he said his client has a long road of recovery ahead.

“Keziah for example, she’s had 8 or 9 surgeries already. I think she has broken bones from her feet up to her head.  She hasn’t got out of bed since she got to the hospital,” said Alto.