A survivor of a deadly shooting spree at the Penske Truck Rental near Kennesaw is suing for $20 million.  Zach Werner is still on a ventilator more than a year after the shooting.

"It's one of the worst injuries I've ever seen," said Keegan Federal Jr.

His lawyer, Keegan Federal Jr., tells Channel 2 Action News the father of three, former football coach and Penske employee's chances of recovery fade with each passing day.  Federal says Werner needs constant care.

"Mr. Werner is totally and permanently disabled. He is on the ventilator. His mind is still there, he can communicate by blinking his eyes or squeezing your hand, but he cannot speak," said Federal.

Werner was among five people who were shot January 12, 2010, when police say former Penske employee Jesse James Warren opened fire at the truck rental facility.  Three men were killed and two were injured.

The lawsuit states Penske and its related companies knew about Warren's erratic behavior.

"When you have notice that a former disgruntled employee has been making threats that they are going to come on to the property and do harm to other employees then you have an obligation in our opinion to protect your employees from those types of people," said Federal.

Warren had claimed Penske stole $500 million he earned in a "top secret" military project and then fired him.

The widow of one of the men killed in the attack last year has also filed a lawsuit against Penske and Warren.  She is seeking unspecified damages.

Cobb County prosecutors are seeking the death penalty against Warren.  He is currently awaiting trial.