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Family Files Wrongful Death Suit Against Construction Companies

POSTED: Wednesday, September 17, 2008
UPDATED: 9:43 pm EDT September 17, 2008

The family of a 52-year-old woman who died in a wreck at an intersection under construction said the fatal crash could have been prevented and has filed a lawsuit against the construction companies.

According to traffic homicide investigators, Duong Thi To was a passenger in a car westbound on McCormick Road that turned left onto Kernan Boulevard into the path of another car.

Contractors had been working on that East Arlington intersection for months when the crash happened in April 2007.

To's family members said their lives were changed forever the evening their loved one died.

"Even today, it is still very difficult for us as family members to cope with this tragedy," said To's son-in-law Joseph Tran.

To's family said the crash could have been avoided, and they've filed a wrongful death lawsuit against the construction companies that were doing work in the area.
McCormick at Kernan fatality
Duong To died in a crash just after midnight at the intersection of McCormick Road and Kernan Boulevard.

"The way they set up the construction project it made it really dangerous for people trying to make a left-hand turn from McCormick onto Kernan," said attorney Steve Pajcic, who is representing To's family.

He said Garney Companies Construction and two others companies should not have had their equipment in the median because it blocked the view of oncoming traffic. Also, Pajcic argues the flashing lights on the barriers made it very confusing for drivers.

According to a police report, there were five wrecks at the same intersection in a matter of days.

"This is the most dangerous one I've ever seen. I've never seen one where every night they had a crash," Pajcic said.

He said the construction companies should have either closed the left-turn lane or given it a protected turn arrow. Doing neither he said is gross negligence, and that's the reason for the lawsuit.

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