BUFFALO, N.Y. (WKBW) — After a crash that killed a 3-year-old boy along the Route 198 in 2015 the City of Buffalo is nearing a settlement with the family.
3-year-old Maksym Sugorovskiy was killed and his 5-year-old sister and mother were injured when a vehicle left the roadway on the Route 198 and crashed into Delaware Park in May 2015. In August 2015 then Erie County District Attorney Frank Sedita said the driver would not face any charges. Sedita said the driver likely fell asleep at the wheel, the driver lost his license in December 2015.
Following the crash the Sugorovskiy family filed a lawsuit against the City of Buffalo, Erie County and the driver.
The suit filed against the driver claimed negligent driving. In the affidavit against the City of Buffalo and Erie County, attorneys claimed the roadside walking and bike path in Delaware Park, known as Ring Road, was promoted as a safe path separate and apart from vehicle traffic but was not safe for use by the public. The suit also claimed the city acted with reckless disregard for the safety of others in failing to respond to prior accidents and problems.
In response to the death of Maksym the state dropped the speed limit on Route 198 from 50 MPH to 30 MPH and other projects have take place to revamp the route.
Monday, the Buffalo Common Council Claims Committee approved a $2.25 million settlement with the Sugorovskiy family. It now moves to a full Buffalo Common Council vote, which is expected to pass. The settlement also needs to be approved by State Supreme Court Judge Ogden and the attorney for the Sugorovskiy family expects that to happen this week.
7 Eyewitness News reached out to the City of Buffalo for comment, a spokesperson says the city does not comment on pending litigation.