Hit-and-run victim hires Buffalo attorney

Hit-and-run victim hires Buffalo attorney

By Jenny Rizzo

The woman who was struck by Marshawn Lynch's SUV two weeks ago may sue the Buffalo Bills running back. She's hired a Buffalo lawyer to represent her and the firm is now conducting its own investigation into the hit-and-run. Meanwhile, Erie County District Attorney Frank Clark has issued subpoenas to several Bills managers and players as part of the criminal investigation.

Kimberley Shpeley is being represented by Tim O'Connell, a partner with Siegel, Kelleher and Kahn. Today he said they're not "necessarily" considering a lawsuit at this point. "She's not pleased to be at the center of a controversy. She's a very sweet girl, she first of all didn't want this incident to happen, but after it happened, she certainly did not want to become the center of a media circus."

Shpeley is still under active medical care. O'Connell says her injuries are not as minimal as what has been reported, so she sought out legal help. "She was interested in obviously having her medical bills taken care of. Being from Canada, she didn't know how the system operated and the Canadian Consulate put her through to me."

O'Connell has hired a private investigator to do his own research, in case Shpeley files a civil suit against Marshawn Lynch. "As far as holding someone responsible, the law also provides in NY that you don't necessarily have to know the identity of the operator of that vehicle. The owner is as equally responsible as the operator. Its called vicarious liability."

The D.A. is still trying to get to the bottom of the criminal matter of who was at the wheel of the car, so subpoenas were issued on Friday to some players and Bills managers. It is possible that Lynch could face two trials, one civil, the other criminal, though there are different burdens of proof to be met. O'Connell explained, "In the criminal area, its "beyond a reasonable doubt." In the civil area, it is what is called a "preponderance" which means slightly more than half." When comparing the two, the civil arena has a lesser burden of proof.

But in automobile accident cases, the plaintiff's lawyer has to prove that the victim's injuries meet the "serious injury threshold." One of the ways to meet that threshold is to prove the victim has a disfiguring injury, and stitches qualify for this under the law. Shpeley had two bruises on her leg and she received seven stitches.
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