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Settlement reached in deadly 198 crash which killed 3 year-old boy

Posted at 7:30 PM, Jul 27, 2021
and last updated 2021-07-27 19:30:43-04

BUFFALO, N.Y. (WKBW) — It’s been six years since the Sugorovskiy family lost their son, 3 year-old Maksym, who was hit by a car on Ring Road in Delaware Park while walking with his family. The driver fell asleep at the wheel.

The family then sued the City of Buffalo, the County of Erie, Olmsted Parks and the driver of the car.

Now, six years later, some closure for this family who lost so much.

Tuesday, the Buffalo Common Council approved a $2.25 million settlement from the accident.

Attorneys for the family, Mark Cantor and David Wolff released the following statement which reads in part:

“At the time of the incident, the NYS 198 Expressway and Delaware Park had no guardrails or any other protective measures to protect users of the park. Attorneys Mark Cantor and David Wolff of Cantor, Wolff, Nicastro & Hall, along with attorney Linda Marsh, represented the family. Suits were brought against the State of New York, City of Buffalo and Olmsted Parks Conservancy because they were aware of the significant danger the Expressway posed to users of the park pathway and yet nothing was done to prevent an injury until it was too late. Guardrails were erected as a result of Governor Cuomo's emergency declaration days after the death of Maksym.”

The statement goes on to say:

“At this time, the family does not wish to comment on the financial terms or any other aspect of the settlement. The family is committed to honoring the memory of Maksym Sugorovskiy and continuing to heal together from this tremendous loss. There will be no further comment from the family and the media are asked to respect this decision. Furthermore, our office will not have a further comment at this time to respect the wishes of the family.”

Since the accident in late May of 2015, guardrails have been put in place, stop signs at every entrance and exit of the 198, and most notable the speed limit was immediately reduced to 30 mph.

Despite years of public meetings with the New York State DOT, little changes have been made to the 198.

The DOT says in a statement:

“After an extensive effort to create a plan that transforms the Scajaquada Corridor, a consensus could not be reached with the many stakeholders involved. In the interim, NYSDOT has implemented a series of measures to enhance safety on the Scajaquada Corridor. These measures include but are not limited to: reducing the speed limit; adding speed limit and stop signs, radar speed trailers, and new guiderails; and removing acceleration, deceleration and weaving lanes. We have also engaged the Greater Buffalo-Niagara Regional Transportation Council to work with stakeholders to address community concerns related to the expressway and the impacts on the historical and cultural character of Delaware Park. Once a consensus on the corridor’s future is reached, DOT will resume the environmental process.”