TRAVERSE CITY — A wrongful death lawsuit filed over the death of 8-year-old Jayson “JJ” Hoogeveen was refiled in Grand Traverse County Circuit Court in March and is now moving toward the discovery phase.
The lawsuit stems from the Sept. 3, 2024, death of JJ Hoogeveen, who was struck and killed while waiting at a bus stop in Kings Court Mobile Home Park.
Joseph Ceglarek II of The Sam Bernstein Law Firm, which represents JJ’s mother, Kimberly Gilbert, said the case began in federal court in December 2024. On March 6, 2026, a federal judge dismissed the federal claim. Rather than pursue an appeal, the family refiled the lawsuit in Grand Traverse County Circuit Court.
“We decided to go down that path, feeling that it was more fruitful for our client and would allow our client justice sooner,” Ceglarek said.
The lawsuit names Traverse City Area Public Schools, Superintendent John VanWagoner, several district officials and school board members, Sun Communities, Inc., driver Matthew Butler and Northern Michigan Water LLC.
According to Ceglarek, the move to state court allows the case to proceed under state law claims, including negligence and gross negligence.
It also changes how a potential trial would be conducted.
In federal court, potential jurors would have been drawn from a broader region within the Western District of Michigan. In state court, potential jurors will come from Grand Traverse County.
The move also eliminates the possibility of seeking punitive damages and attorney fees that might have been available under certain federal statutes, Ceglarek said.
Despite the amount of time that has passed since the lawsuit was first filed, Ceglarek said depositions have not yet begun because the case remained tied up in federal court.
“We never were even allowed to take one deposition in federal court,” he said. “It just sat there for the better part of nine months.”
He said a significant amount of work remains ahead.
“We’ve got a lot of discovery to take place, a lot of discovery, a lot of depositions, a lot of work to do,” Ceglarek said. “We’re only touching the tip of the iceberg, to be honest with you, because we haven’t even been allowed to take a deposition yet.”
On May 28, Sun Communities filed a motion for summary disposition, one of the first major developments in the state court case.
Ceglarek characterized the filing as a shift from positions previously taken in federal court.
According to Ceglarek, the motion contends that responsibility for the location and safety of the bus stop rested with TCAPS. He said Sun’s position could create a dispute between defendants over who was responsible.
“Now we’ve got two defendants who are going to be pointing a finger at each other,” Ceglarek said.
The latest development in the case came on Friday, June 12, when the TCAPS defendants filed their own motion for summary disposition seeking dismissal of the claims against them.
A hearing on Sun Communities’ motion is scheduled for 10 a.m. Aug. 24. Comment from Sun Communities was not received by presstime.
TCAPS Superintendent John VanWagoner declined to comment on the case.
“As a matter of practice, the district does not comment on pending litigation,” VanWagoner said. “However, we remain mindful of this unfortunate tragedy and the impact it has had upon the family as well as the local community.”
Ceglarek said the plaintiffs continue to pursue the case in an effort to hold those they believe are responsible accountable for JJ’s death.
“It was a preventable death,” he said. “It was unnecessary, and Jayson should still be with us.”