CHARLOTTE, N.C. - A Charlotte family says poor construction on I-77 is the reason why their loved one is no longer with them.
Lavar Penn never made it to a dinner party his kids were throwing for him. He died after losing control of his motorcycle on Nov. 9, just days after his 40th birthday.
Penn is remembered as a sweet, loving family man. He had dreams of getting this motorcycle and finally got it for his 40th birthday. It wouldn't be long after that his family got a knock on their door that changed their lives.
“The officer said to me when we have information for you someone will come to your house because this is not a scene for family. That's exactly what he said to me,” his ex-wife Donnia Penn told FOX 46.
She says when her ex-husband never made it to dinner with his kids they all got worried. Penn was scheduled to celebrate November 9th but never called saying he would be late.
“Someone had posted something about a pedestrian being hit on the highway and my son saw that,” she said.
Troopers told Penn her ex-husband was hit on I-77 in Huntersville after he lost control of his bike. The investigation is still ongoing, but uneven pavement on the highway has been mentioned to family.
"No one should have to mourn a family member because of poor construction on the highway they were well aware of," Penn said.
Penn says her family does plan to take legal action so that no other family has to go through what she and her kids are going through.
"They took away a big big part of all of our hearts," she said.
The accident happened near Exit 23 on highway I-77 North. FOX 46 is currently waiting on troopers to provide an update on the investigation.