Family of construction worker killed in I-695 work zone crash sues contractor, state
BALTIMORE -- The family of one of six construction workers killed in last year's deadly I-695 work zone crash is suing a contracting company and the state of Maryland for failing to create a safe construction zone.
With the family of Sybil DiMaggio right next to him, attorney Michael Belsky said Concrete General Inc., and the state, "failed on every level."
DiMaggio didn't work for Concrete General, but the other construction workers did.
Investigators say Lisa Lea and Melachi Brown were going more than 100 mph on March 22, 2023. When Lea tried to change lanes, she clipped Brown's car and sped into the work zone and struck the workers.
"Zero protection"
The complaint, filed Wednesday morning, claims Concrete General developed what's called a "Transportation Management Plan" to ensure safety, but failed to implement it.
"The combination of its negligent acts, culminating in exposing the workers to a 50-yard opening with zero protection from oncoming traffic, made this accident utterly preventable," the complaint reads.
The gap was also pointed to in the NTSB Factual Report on the crash, which said a truck-mounted attenuator should have been in place to block it.
Citing state policies, the complaint said these attenuators are "highly recommended or required on a highway where the speed limit is 55 mph in a long-term stationary work zone where workers are fully exposed."
The complaint claims nothing was done about the "extremely high number of strikes" to the work zone by drivers. A sign warning drivers of a closed shoulder also wasn't reinstalled by the time of the crash.
WJZ has reached out to Concrete General, as well as the state agencies named in the lawsuit, but haven't heard back.
Still looking for closure
It's been more than a year and a half since the crash, and DiMaggio's family is still mourning her loss.
"Sybil was just such a loving, energetic, fantastic person. I miss her every day," said George Durm, DiMaggio's husband.
Nora DiMaggio, Sybil DiMaggio's daughter, said every day since the crash has been a "waking nightmare."
"We just wish we can have her back," she said. "We won't get that, we can only hope for justice."
The DiMaggio family hopes their lawsuit gets answers to make sure no other family feels their pain.
"How do I close this pain? That's never gonna happen. People, the state, the city, they need to know what happened. They need to know why it happened," Durm said.
The suspects: where we stand
The drivers charged in this crash, Melachi Brown and Lisa Lea, are also named in the complaint.
Brown pleaded guilty and is serving a home detention sentence after being let out of prison early.
Lisa Lea's trial is expected to begin in April.