Delayed justice caused the father of a man killed in a 2008 crane accident to have a fatal heart attack last week, his lawyers plan to argue in a Manhattan Supreme Court hearing today.

Donald Leo Sr., 54, had been waging a brutal lawsuit on behalf of his late son, Donald Jr., against construction magnate James Lomma over the accident.

Leo’s lawyers plan to sue Lomma for abuse of process. Lomma’s lawyer declined to comment.