Published: December 17, 2006 05:46 pm            

NIAGARA FALLS: Claim filed in deadly crash

Notice alleges police, city’s negligence caused Arthur Wagner’s death

The family of a Niagara Falls father of five who was struck and killed by a police car in August as he attempted to push a disabled car on Hyde Park Boulevard has filed a notice of claim against the city and the Police Department.

Arthur Wagner, 41, died Aug. 9 after an accident two days earlier in which he was hit a few blocks away from police headquarters by a patrol car on its way to a domestic incident call in LaSalle.

The notice of negligence and wrongful death claim, filed Nov. 2 by 24th Street resident Linda Wagner, alleges that the officer, David Kelly, who drove the car “demonstrated a total lack of due regard for the safety of all others on Hyde Park Boulevard” by “recklessly” operating the police car.

The notice that the family intends to file a lawsuit against the city for the incident claims that the city’s failure to replace an extinguished streetlight in the area near the collision also contributed to the accident.

The claim demands that the city and the Police Department review and pay for damages against Wagner.

Police Superintendent John Chella said the notice could be the first step in a lawsuit against the city for the accident.

“We’re continuing to support the corporation counsel in any possible lawsuit,” Chella said.

Police Captain Salvatore Pino said shortly after the crash that it was being investigated by the Falls Police Traffic Division, but that officers believed the incident was an accident and not the fault of the driver.

Police said at the time that Wagner and three other people were pushing a disabled 1987 Chrysler New York that had run out of gas on Hyde Park Boulevard on Aug. 7 at about 11:45 p.m. Wagner was at the rear of the car on the driver’s side when a patrol car slammed into the driver’s side rear section of the disabled car near Beldon Avenue.

The force of the impact sent the New Yorker rolling about 400 feet down Hyde Park Boulevard.

Three other people, including the officer, were injured in the collision. Wagner was taken to Erie County Medical Center, where he died two days later after being taken off life support.

Family members said that Wagner, a mechanic, had moved to Niagara Falls from Lockport shortly before the accident.

Crash investigators said at the time that preliminary tests showed the police patrol car was traveling “within one or two miles of the speed limit.”

        

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