Philip Davis filed the lawsuit on behalf of his son Brian Davis, who was also captain of the swim team and a varsity runner. He is represented by the West Palm Beach plaintiff trial law firm Babbitt, Johnson, Osborne & Le Clainche.

The suit said that: “lane closures were underway and occurred abruptly, without adequate warning and in an area with inadequate lighting, which caused northbound vehicles to abruptly change lanes and abruptly slow or stop…”

Defendants include Astaldi Construction Corp., prime contractor on the northbound lane-widening project, and Corradino Group, Inc., the designated engineer.

The suit also names as a defendant Mark Best, whose 2004 Chevrolet Silverado rear-ended the 1992 Toyota Camry Davis was driving northbound on I-95 in the construction zone Sixth Avenue South. Best was not injured, but two other drivers and an eight-year old passenger were taken to a hospital with minor injuries. Brian Davis was wearing his seat belt.

Davis, who took five advanced-placement classes, was on his way home from an English study class on Othello when he was killed. According to news accounts, he had applied to three Florida universities, intending to pursue a doctorate in psychology with a minor in business.

“This case is about the duty of a contractor and engineer to protect the public from hazards and sudden stops and starts, particularly in a construction zone with poor lighting on a high-speed roadway,” said Joe Johnson, who represents the family. “Had appropriate measures been taken, Brian Davis would still be here today with a promising life ahead of him.”

Philip Davis as p.r. for Brian P. Davis, v. Astaldi Construction Corp., the Corradino Group, Inc., and Mark S. Best, Fifteenth Judicial Circuit, Palm Beach County, Case No.:  502008CA010973-CIV-STERN