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The Journal-News, Nick Graham, File, Associated Press
This Tuesday, Jan. 20, 2015 file photo shows crews investigating the scene and start to clean up debris, in Cincinnati. A demolition plan for a Cincinnati overpass was changed hours before the structure collapsed, killing a worker, the contractor for the highway construction project says. The plan for demolishing the overpass above Interstate 75 in Cincinnati changed after steel beams supporting the structure’s concrete deck began lifting at an abutment during demolition the night of Jan. 18, according to Kokosing Construction Company Inc., of Westerville, Ohio.

CINCINNATI — The parents of a worker killed when a highway overpass collapsed have sued Ohio's Department of Transportation, charging negligence and carelessness.

They sued on behalf of the estate and family members of Brandon Carl. The 35-year-old father of four from Augusta, Kentucky, died Jan. 19 during demolition work to remove an Interstate 75 ramp bridge in Cincinnati.

The lawsuit charges that the department was negligent and breached its duty by allowing improper and unsafe conditions at the site for work ODOT had contracted to have done by Kokosing Construction Company Inc. of Columbus.

It said the negligence and carelessness caused Carl to suffer "great physical pain" and "extreme mental anguish" as he died. It said there were dangerous conditions including "lack of a stable surface on which to work and work being performed with flawed calculations, plans and specifications for demolition."

The lawsuit was filed this week in the Columbus-based Ohio Court of Claims, which handles legal claims against the state and state agencies. It seeks unspecified total damages and payment of $11,295.50 in funeral expenses. It seeks damages for things such as loss of expected earnings, loss of companionship and anguish and grief suffered by his parents, children and his four siblings.

The department didn't respond immediately Wednesday to a request for comment.

The Cincinnati Enquirer reported in Wednesday's editions that Carl's fiancee, Kendra Blair, has retained counsel to represent her and the children in potential litigation. She wasn't a plaintiff in the Court of Claims filing.

ODOT and the U.S. Occupational Safety and Health Administration are investigating the cause of the collapse. Kokosing has said it is retaining a third-party engineering firm to review all of its demolition plans and independent experts to review the Cincinnati plans.

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