The family of Marvin Kuhn, the man killed when a crane crushed his vehicle on Lane Avenue last week, is suing the crane operator and the construction company for Kuhn’s wrongful death. Meanwhile, Columbus Police and the PJ Dick construction company are investigating whether or not the crane operator was intoxicated. Mark S. Burcher, 38, was tested for blood-alcohol levels after the accident which killed Kuhn, said Jon Abbey, vice president of PJ Dick, Burcher’s employer. Police have received the test results but will not release them until the investigation is completed, said Columbus Police Det. Kevin Wheeler.”We will challenge the reliability of any blood or urine test that indicates alcohol or drugs,” said George Luther, Burcher’s attorney. Burcher is too emotionally distressed to talk to reporters, Luther said. Burcher and PJ Dick, are named in a lawsuit filed by Mary Kyle, the victim’s sister. Another unnamed person is also being sued.In her lawsuit, Kyle states that Burcher was negligent and that the company is liable under an Ohio law that holds employers responsible for the wrongful acts of their employees, said Dale Perdue, Kyle’s attorney. According to Abbey, the unnamed party is Mike Cornell, who directed the crane. Ohio State is not named in the suit. “We have no evidence to indicate that OSU had any responsibility for this or any participation in wrong doing,” Perdue said.The family feels that the crane operator is at fault, because he was too close to the embankment, Perdue said. Luther contends that there is no evidence that he was impaired or at fault in any way.”People will react to any reports that alcohol may be involved, but you have to look at the facts of this case. It’s clear that this was an unfortunate accident,” Luther said. “From our investigation we do not believe alcohol contributed in any way.”PJ Dick has an alcohol and drug policy that involves mandatory testing for drugs, but not alcohol, Abbey said. Such a policy is not unusual for construction companies, said Amy Chapman, program manager for Business Against Substance Abuse, an organization that helps companies create drug and alcohol prevention programs. These programs often define consequences for offenders, Chapman said.PJ Dick would not comment on what consequences Burcher could face, if tests show he was intoxicated. Luther said the incident happened, because the ground was insecure from a hard rain three days earlier. The ground gave way due to the weight of the crane. It tipped over, despite Burcher’s attempts to stop it, Luther said. Burcher thinks he is not at fault because of the freak nature of the accident, but he is very sorry about this accident, Luther said. “If you think about this situation you could not recreate these facts in a million years‹that this car traveling 35 miles per hour would be where the boom of the crane was, when it hit the ground,” Luther said. “It was a freak accident.”PJ Dick has found no evidence that faulty equipment or misuse of the machine had anything to do with the accident, Abbey said. Columbus Police have not ruled out anything yet, Wheeler said. “The reason this is so tough is that it’s an odd case,” Wheeler said. “To have a piece of construction equipment on private property falling on public property and killing someone is unusual.” If criminal charges are filed, the city and county prosecutors will decide what charges are appropriate, Wheeler said. If Burcher was operating the crane under the influence, he could face charges of operating a moving vehicle while intoxicated, said Kari Kittrell, a spokeswoman for County Prosecutor Ron O’Brien. He could also be charged with involuntary manslaughter, Kittrell said. The Occupational Health and Safety Administration is investigating whether or not there were any violations of safety standards or equipment inspections, said Karen Stone, an assistant director at the administration.