I-95 truck crash 092419

A 61-year old Middletown man and a 9-year old girl were killed when this truck plowed into traffic that had slowed down in the right lane of I-95 southbound near Newark on September 24, 2019.

A fatal crash in late September on Interstate 95 that left a young Newark girl and a Middletown man dead and the girl's mother permanently disabled, has led to a lawsuit.

Linda Asamoah and Patrick Owusu of Newark filed a civil lawsuit in federal court on November 12, 2019, against the trucking company and the truck driver, whose truck overturned on the highway near Newark on September 25, 2019, killing their 9-year-old daughter, Roselyn Adjei-Owusa. 

The lawsuit claims truck driver Brian Winningham, 39, of North Carolina, acted negligently and his employer, JNJ Express Inc., based in Memphis, Tennessee, is liable in the crash.

Asamoah, 49, was driving a 2015 Honda SUV that was slowing due to congestion when a tractor trailer driven by Winningham failed to slow. Police said the truck struck three vehicles, including Asamoah's, causing her car to travel down an embankment along with another vehicle.

The 9-year-old girl suffered critical injuries and died the next day at A.I. DuPont Hospital for Children. 

According to court records, obtained by WDEL, Asamoah suffers from permanent paralysis as a result of the crash that killed her daughter.

The lawsuit alleges Winningham acted negligently while behind the wheel in failing to control speed and apply brakes in a timely manner.

The complaint seeks unspecified damages beyond $75,000, including the loss of Asamoah's reasonably expected net income, past and future medical expenses, legal fees, as well as compensation for present and future pain and suffering, and the mental anguish of losing a child.

"Plaintiffs have and will continue to be deprived of the society and companionship of their daughter," the complaint said.  

The lawsuit was transferred to federal court because damages exceed $75,000 and involves interstate parties. 

The crash, which shuttered all lanes of I-95 southbound for 7.5 hours, also killed a 61-year-old Albert J. Frankel of Middletown. 

WDEL left a message for Andrew Ennis, director of operations for JNJ Express, who didn't immediately return a request for comment. 

Winningham and a 45-year-old man also suffered non-life-threatening injuries in the crash. 

Criminal charges have yet to be filed in connection with the crash. 

Read the full complaint: