ATLANTA - A woman is suing the city of Atlanta because she believes city officials failed to protect her husband before he was killed on the job.
Derryl Simmons died when the city garbage truck he was riding in flipped several times on I-75.
The driver was drunk and now Derryl Simmons' family wants answers.
“This is very hard for me. I lost my husband, I lost my best friend. I haven’t got any answers from the city of Atlanta about what happened to my husband,” Louise Simmons said.
Louise Simmons has never publicly talked about her husband’s death.
Derryl Simmons was a city employee for 23 years and was killed when a garbage truck that he was the passenger in, flipped several times before ejecting him.
“My husband was a great man. He was a loving and caring, kind man,” Louise Simmons said.
Melvin Callahan, the city worker driving the garbage truck, survived the accident. He was arrested and faced several charges, including driving under the influence.
At the scene, investigators found a half empty bottle of vodka.
“So blood alcohol was taken from both the driver and the passenger. Mr. Simmons' blood alcohol came up negative, zero. No alcohol in his blood whatsoever. On the other hand, the driver, Mr. Callahan, his blood alcohol was over three times the legal limit,” attorney Robert Bozeman.
Tuesday afternoon, the Simmons family and their lawyers filed a lawsuit against the city of Atlanta and Callahan.
Channel 2’s Ryan Young learned that Callahan's supervisor was suspended for 30 days after allowing him to drive despite a previous DUI.
“I want to know why this was allowed to happen. I want to prevent this from happening to anyone else. That’s my main concern,” Louise Simmons said.