Injured Pedestrians Suing Over Dysinger Road Accident

3:01 PM, Sep 26, 2011   |    comments
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Dysinger Road Accident from 2010

LOCKPORT, N.Y.- Two people injured while crossing Dysinger Road last year have filed a lawsuit against the Town of Lockport, New York state and the driver that hit them.


Court records indicate Danielle M. Boston and Sherman Carson, both Niagara County residents at the time, have filed a complaint against the town and the state for failing to implement safety measures on Dysinger Road.

The pair, represented by Stephen Ciocca, an attorney with the law office of Cellino & Barnes, is suing the town for an unnamed amount, and the state for $5 million each.  They are also suing the driver for an unnamed amount, alleging he was drinking. 

Lockport's Town Attorney, Daniel Seaman, would not comment on the lawsuit or whether any changes will be made to the road.

There have been five accidents involving pedestrians on Dysinger Road in the past two years.  

In the past, residents have complained about the poor lighting and lack of sidewalks along the road.  The speed limit is 45 miles an hour, and it is lined with housing complexes. 

In the incident involving Boston and Carson, investigators said the pair crossed the road in the dark to meet a friend for a ride.

"In this case, all indications, it was the error of the pedestrians," Niagara County Sheriff James Voutour told 2 on Your Side at the time of the crash.  "It's very simple, you need to look both ways when you cross the road."

Previously, the Department of Transportation had come up ways to make the road less dangerous, but determined they would involve construction, and the state likely didn't have the money.  

In June, Lockport town officials, state police, the Niagara County Sheriff's Department and State Sen. George Maziarz (R-62nd Senate District) met with representatives from the New York Department of Transportation.  The group discussed possible changes that could be made to improve pedestrian safety.

"Once we get the study complete, and we see what we're going to do, then we would take a look at the money," said Charlie Morgante, Director of Operations with the New York State Department of Transportation.  "We're not going to let the money determine, at this point, we're doing to see what the study says, and we'll go from there regarding the funding." 

"I'm very satisfied with how the meeting went," Maziarz said Thursday.

DOT leaders have not yet released the results of that meeting, but they are expected in the next few weeks.


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