GAITHERSBURG, Md. (WNEW/AP) — The parents of a 10-year-old boy who died after falling through ice on a Gaithersburg sediment pond in January are suing real estate and construction companies.

The Washington Post reports that the parents of D’Angelo McMullen assert in the complaint filed Wednesday that the companies did not keep a mandatory fence around the pond. Attorney Andrew Slutkin says the family is seeking millions of dollars in damages.

Slutkin says McMullen’s brother and friend couldn’t save him and he was under water for 30 minutes before rescue workers reached him. Gaithersburg officials and the suit say the pond was supposed to be surrounded by a barrier during construction nearby. Slutkin says he thinks a fence was improperly removed.

One company named says it disagrees with reported claims in the suit.

The pond is reportedly 10 feet deep in some spots.

(TM and Copyright 2014 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2014 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)


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