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Family files lawsuit after deadly 198 crash

Posted: 11:29 AM, May 23, 2016
Updated: 2016-05-24 14:41:28Z

Nearly one year after a young boy was hit and killed by a car in Delaware Park, his family is now taking legal action.

Mary and Vladimir Sugarovskiy have filed a lawsuit against the City of Buffalo, Erie County, and Christian Myers, the driver of the car that killed 3-year-old Maksym and injured his 5-year-old sister on May 30, 2015. There was no guardrail the day the accident happened.

The suit filed against Myers claims he was driving negligently along Rt. 198 when he drove onto the path where there was no protection provided. It goes on to say Mary Sugarovskiy suffered injuries that she believes are permanent, and the damages exceed the jurisdictional limits of all lower courts.

In the affidavit against the City of Buffalo and Erie County, attorneys claim the roadside walking and bike path, known as Ring Road, was promoted as a safe path separate and apart from vehicle traffic. The affidavit claims the road was not safe for use by the public, and that the city acted with reckless disregard for the safety of others in failing to respond to prior accidents and problems.

The state now has plans to revamp Rt. 198 to make it more pedestrian-friendly. It already dropped the speed limit from 50 miles per hour down to 30 miles per hour.