ALBANY, N.Y. -- The family of a woman who died after an alcohol-related crash with a NYS DOT worker in Tioga County is suing the state.

Lawyers for the family of Nancy McQueeney say the man's boss knew he had a history of drinking during work hours.

The crash happened in October of last year on State Route 434 in Owego.

State police determined 79-year-old Wendell Strum was drunk, and driving a state-owned vehicle when he went into the oncoming lane and crashed into McQueeney's car.

Both McQueeney and Strum died in the crash.

State attorneys say Strum wasn't working when the crash happened and agency officials had no knowledge of alcohol use during work hours.