Lockport Union-Sun & Journal Online

Courts

August 11, 2011

Pedestrians hit on Dysinger suing town

LOCKPORT — Two people who were hit on Dysinger Road last year are in the process of suing the Town of Lockport.

Filed last week in New York State Supreme Court, the suit alleges the town was negligent and should have had better safety markings in place along the road. The suit did not have the amount in damages the two are seeking.

Danielle Boston of Lockport and Sherman Carson were hit by a vehicle on the night of Aug. 17, 2010, putting them both into the hospital. The suit alleges both have suffered serious injury and economic loss as a result of the accident.

Dysinger Road, a state highway, has been the site of a number of serious accidents in the past two years. In February 2010, Joyce Garvey of Lockport died after she was struck by a snowplow when she was crossing Dysinger Road.

Town officials have asked the state Department of Transportation to take a look at the safety of Dysinger Road. DOT sent a letter stating sidewalks or the addition of a turning lane would improve the conditions, but the department said it wasn’t likely to happen, given the DOT’s limited funding. DOT officials also met with local leaders in June.

Court awaits accident status report

A Gasport woman accused of hitting two teens on Dysinger Road on May 26 had her case adjourned and will return Sept. 6 to Lockport Town Court after status report of the crash site is reviewed.

Amy J. Schumacher, 36, 8472 Chestnut Ridge Road, has been charged with Class E felony aggravated vehicular assault  and driving while intoxicated. If the case remains a felony, it cannot stay in the town court.

On May 26, Schumacher was driving on Dysinger Road when she swerved off the road and struck two boys who were walking on the shoulder, according to the report from the Niagara County Sheriff’s Office. According to sheriff’s deputies, Schumacher registered a 0.12 percent blood alcohol content.

Christian Shufelt, 13, who was walking with Anthony  Sammarco on Dysinger Road, was released a few days after the accident. Sammarco, 14, suffered more serious injuries and was released from the hospital about 10 days ago.

Ralph Lorigo, Schumacher’s attorney, said he is awaiting a status report on an extensive review of the crash site and a reconstruction of the entire accident. If the case is reduced to a misdemeanor, Lorigo will consider a plea.

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