(Cleveland)  The driver who struck 41 year old construction worker Randy Roginski on I-271 and killed him wasn't even charged.

But a Cuyahoga County jury returned a hefty verdict against Roginski's employer, Shelly Company, for his death.

The jury on Thursday awarded $19-million dollars in compensatory damages and $20-million in punitive damages to Roginski's widow and three children.

The attorney for the family described the working conditions in the construction zone on I-271 that night in 2010 as "ridiculously dangerous".

The Shelly Company says it is disappointed in the verdict, denied responsibility for the accident, and says it plans to appeal.

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