It happened at mile post 170 on I-5, south of Cottage Grove.
The suit cites negligence against Materials Transfer Services, truck driver Joseph Johnston and Wildish Building Material Company.
The widow of the victim, who is filing the suit, says she remembers hearing the news.
“…and said are you behind the wheel? And I said no. And I knew at that time that it wasn’t good I said no my daughter is and he said he didn’t make it he said we tried for 40 minutes and he didn’t make it,” Battenfield says.
The suit alleges Johnston didn’t know the safety rules when he was driving the asphalt dump truck that ran over the 44-year-old construction worker. The victim’s family says the money would help since Battenfield is no longer around to provide for them.