JACKSONVILLE, Fla. -- Flanked by firefighters and his casket carried to the cemetery in a fire engine, Cadet Karl Kramer was laid to rest with honors after his May 2005 death as a fire department recruit.

It was Kramer's goal to follow in his father's footsteps and become a fireman.

Kramer, 22, collapsed during physical fitness training at the fire academy. He died at the hospital nine days later.

On Tuesday, his family said it is holding the city and Florida Community College at Jacksonville responsible for his death and have filed a wrongful death lawsuit.

"There is no question that the facts show a death that should not have occurred," the family's attorney, Steve Pajcic, said. "There always is the temptation to sweep some of this under the rug -- to not face up to the full facts of what is happening."

Pajcic has filed his intent to sue on behalf of Karl Kramer's family, saying the his last year was a result of gross negligence by Jacksonville Fire and Rescue Division and FCCJ, who provided the instructors.

Pajcic said a report by the state Fire Marshall's Office investigating Kramer's death states there is a culture of harassment at the training school and that there is a lack of safety measures.

"It is something that has to be dealt with and it is important for the lives of future recruits and really for rescue efforts here in Jacksonville for all of our citizens," Pajcic said.

The notice of intent to sue comes less than two weeks after the Human Rights Commission released a scathing report on JFRD, saying the department is filled with racism and discrimination.

"We still have a culture that is hanging onto things in the past ... a fraternity atmosphere (of) intimidation and harassment on the one hand, and on the other hand, a lack of professionalism," Pajcic told Channel 4's Casey Black.

In a statement, City Attorney Howard Maltz called Kramer's death "tragic."

"The city has already paid the Kramers as part of a workers' compensation claim, and under that state law, liability lawsuits are not allowed," Maltz wrote.

The mayor's office said it cannot comment on pending litigation, the same day the Kramers announced the lawsuit, Mayor John Peyton named a new chief of training for the fire department: Capt. Elly Bryd.

"Elly Byrd is not afraid to break new ground and look at new approaches to tough situations," Peyton said. "She was the first female to make the rank of captain coming up through the ranks, and she never shrinks from a challenge."