Story highlights The lawsuit alleges negligence over "longstanding safety hazard"

The family is seeking unspecified damages and a jury trial

(CNN) The family of a 5-year-old boy who died after being crushed in a rotating restaurant atop a downtown Atlanta tower has filed a lawsuit against the restaurant, its owners and staff.

The boy, Charles Holt, was at the Sun Dial restaurant with his family during a visit to Atlanta on April 14. The dining spot tops the 73-story cylindrical Westin Peachtree Plaza Hotel and rotates to give patrons a panoramic view of the city.

Holt died after being trapped between a wooden booth and a moving wall.

The suit alleges the restaurant, as well as the hotel and others, were negligent in failing to address a "longstanding safety hazard" that led to Holt's death.

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The suit also alleges there were no protections to stop children from getting trapped at a "pinch point" and that no emergency stop mechanism was in place to quickly stop the rotation should an emergency arise.

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