The mother of a woman struck and killed by a falling utility pole last month in East Liberty yesterday filed a lawsuit against the city of Pittsburgh.

The suit filed by Gloria Grate on behalf of her daughter, Marquetta Grate, also names as defendants Levin Furniture, Christopher Caudill and Penske Truck Leasing Co.

Marquetta Grate, 28, of Homewood, was waiting for a bus on May 15 at the intersection of Frankstown and Paulson avenues after dropping off her 3-year-old daughter at an East Liberty pre-school.

According to the lawsuit, a tractor-trailer, driven by Mr. Caudill, attempted to round the bend and struck the 800-pound metal pole, which fell onto Ms. Grate.

"As a mother, there are so many more questions I need answered," Gloria Grate said. "We are still in a state of disbelief. Never in a million years could I ever imagine that I would have to bury my 28-year-old daughter."

The wrongful death lawsuit alleges negligence on the part of the driver for failing to properly control his truck, and on the part of the city for failing to properly secure the light pole or to move it to a safer location.

According to attorney Michael Rosenzweig, who filed the lawsuit, the city had received complaints about the pole in the past but took no action.

"This tragedy could have been prevented if the city of Pittsburgh had engaged in a routine analysis or inspection of the location of the pole in question," Mr. Rosenzweig said. "It is well known that this is a dangerous site because of the configuration of the streets -- trucks and buses repeatedly damage the pole by running over the surrounding sidewalk and curb as they attempt to round the curve at this location."

No one from the city Law Department could be reached for comment.

Gloria Grate alleges that Levin and Penske -- which leased the truck to the company -- are liable for Mr. Caudill's actions.

In a statement, Robert Levin, CEO of Levin Furniture said, "Although we have not received a copy of the lawsuit, we were and we remain deeply saddened by this tragic accident, and our thoughts and prayers continue to go out to Mrs. Grate and her family."

No one from Penske Leasing returned a call late yesterday seeking comment.

Mr. Rosenzweig also filed a motion for a preliminary injunction, which was granted, that requires the city to preserve the pole for inspection.

He contends that the city has been unwilling to cooperate with his client and to allow inspection of the pole.

"The city was formally directed [by Mr. Rosenzweig] on May 22 to secure and preserve the pole, but it appears that portions of the pole have already been thrown away," he said.