Judge dismisses Erie County from 198 lawsuit

Posted at 4:39 PM, Sep 13, 2016
and last updated 2016-09-13 16:39:04-04

Erie County will not face legal action for the Route 198 accident that took the life of a young boy and critically injured his sister.

In May, the family of 3-year-old Maksym Sugorovskiy filed a lawsuit against the City of Buffalo, Erie County and Christian Myers, the driver of the car that veered off the expressway and into Delaware Park, killing Maksym and injuring 5-year-old Stephanie on May 30, 2015.

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.

Tuesday, New York Supreme Court Justice Jeannette Ogden granted Erie County's motion to be dismissed from the lawsuit because Erie County does not own or maintain any of the property or facilities involved in the accident.

The case will be back in court in December.