GRAND ISLAND, N.Y. (WKBW) — Just over a year after 13-year-old Leah Mayer of Grand Island was hit and killed by a car, her family is filing a lawsuit against the driver, the owner of the vehicle and the Town of Grand Island.
The 8th grader died in September 2024 after she was hit by a car at the intersection of South Parkway and Broadway.
In the 20-page lawsuit, seeking compensatory damages, the lawsuit claims the driver, who was a minor at the time, was "negligent, careless and reckless in operating the aforementioned motor vehicle at an excessive rate of speed."
WATCH: Family of 13-year-old who died after being hit by car sues driver, Grand Island
The driver was never charged with any crimes. 7 News asked the Erie County Sheriff's Office why that driver was never charged, based on the accusations within the lawsuit.
Our thoughts and prayers remain with the victim's family. As is frequently the case, the Erie County Sheriff's Office Crash Investigation Unit consulted the Erie County District Attorney's Office prior to closing its investigation on December 10, 2024. As a result of that consultation, the juvenile driver of the motor vehicle was issued a summons for a violation of New York State Vehicle and Traffic Law Section 509.3 on November 27, 2024. The investigation determined that alcohol and drugs were not a factor. Speed was not a factor. A download of the driver's cell phone showed it was not in use at the time of the crash. The primary cause factors of the crash were determined to be the following:
- Based on witness accounts, the victim crossed the street outside of the crosswalk
- The design of the roadway
- The driver was not properly licensed
The Sheriff's Office added that "The driver was not properly licensed," because he would have needed a passenger at least 21 years old inside the car.
As for the town, the lawsuit also claims Grand Island failed to provide "reasonable and safe conditions for pedestrians" at the South Parkway and Broadway intersection.
Neighbors shared concerns about the same intersection.
WATCH: 8th grade Grand Island student dies after being hit by car
The intersection has flashing lights in all directions. Drivers on South Parkway see flashing yellow lights. Drivers on Broadway see flashing red lights.
Three weeks after Leah’s death, a second accident injured three people at the same intersection. Town supervisor Peter Marston petitioned the NYS DOT to do a traffic study.
WATCH: 'Make sure it doesn’t happen again': Grand Island asking for DOT study on dangerous intersection
Marston, nor the town, responded to requests for comment.
Since those accidents, some signage has been added, but the intersection remains without an actual traffic light.
The family's lawyer also never responded to requests for comment.
