Ocean City sued over death of Texas woman in beach sand cave-in

The family of a Texas woman who died of asphyxia in the sand in 2017 is suing the Town of Ocean City, saying the town's alleged negligence led to her death.

Ashley O'Connor's mother, Gayla Lutyk, and her attorney are alleging that Ocean City's "gross negligence" led to O'Connor's death and are suing the town for $1 million in damages in a federal lawsuit.

Attorneys for both the family and town of Ocean City, along with town officials, didn't immediately respond to request for comments Friday.

No hearings have been scheduled in the case as of July 26, according to PACER, a federal court database.

The lawsuit is based around the death of O'Connor, who died of asphyxia after being buried in the sand near Second Street on the night of July 31, 2017, according to a town statement from 2017.

But according to the lawsuit, which was filed on Wednesday, July 24, O'Connor's family alleges Ocean City's beach tractors ran over her, which led to her be covered and then suffocated in the sand. 

"... Ashley O'Connor was in plain sight, the danger was discovered and/or Defendant was aware of or is charged with knowledge of the danger, but still breached these duties, including entrapping Ashley O'Connor, running over Ashley O'Connor not once but also a second time, causing her injuries, pain, anguish, fear, suffering and horrific death...," according to the lawsuit. 

BACKGROUND: On Ocean City beach, Texas woman's body found buried

O'Connor, who was 30 and visiting from Plano, Texas was discovered by beachgoers around 6:30 a.m. on July 31, according to previous reporting by Delmarva Now. O'Connor was vacationing in Ocean City with her family, but got separated from them around 2 a.m. hours before she was found.

Police began to investigate the incident and eventually ruled the incident as accidental. 

The family alleges the town's tractor workers failed to make sure the holes they were hoping to cover were clear of people. By failing to do this, the family believes Ocean City's actions were negligent.

The lawsuit states that due to Ocean City's failure to inspect each hole before covering them, the town "(Demonstrates) an actual or deliberate intention to cause harm or which, if not intentional, shows an utter indifference to or conscious disregard for the safety of others."

More:Woman charged in punching of 2 Ocean City lifeguards, court records say

Ocean City Beach Patrol's website states that beachgoers are not allowed to dig holes in the sand deeper than "knee deep." 

According to the town's website, Ocean City uses tractors to clear trash and fill in any holes that are created by beachgoers. The town said four tractors work every night on the beach.

"To achieve the smooth finish that you see in the summer, a special piece of equipment called a sanitizer is used. This is pulled behind the tractor and acts like a sifter," according to the town's website. "As it is pulled the beach, it sifts down about 2-4 inches and separates the trash, which is then emptied into the back of the sanitizer."