Dunkirk Pier Mishap Results In Lawsuit

MAYVILLE — A lawsuit filed last month in state Supreme Court in chautauqua County in Mayville is seeking damages for health-care costs after an injury occurred in August 2018 during a Music on the Pier event in Dunkirk.

Judith Bohn, a Dunkirk resident, names the city of Dunkirk in her filing due to an injury she suffered on Aug. 2, 2018.

According to a notice of claim form filed with City Hall, Bohn tripped and fell over a tent stake and rope at the Dunkirk City Pier around 8 p.m. The fall resulted in a broken and dislocated left shoulder and cuts to the face, hands and knees.

According to the lawsuit, Bohn “sustained bodily injuries and was painfully and seriously injured … and did incur great medical expenses and may incur further medical expense.”

Documentation from attorney Max Humann of Lipsitz Green Scime Cambria, LLP, states that “the resultant injuries were caused as a result of the negligent, careless, reckless and/or unlawful conduct on the part of the defendant.”

The lawsuit also names G&E Tents in the case noting the company “allowed and permitted the tent to be set up in a way that was unsafe to the general public.”

Richard Morrisroe, city of Dunkirk attorney said last week that “this is going to go to the insurance companies of all the named defendants and that they’ll take it from there.”

Morrisroe stated that at this point the suit would not be brought up before the Common Council as it needs to go through insurance first.

“Once it comes to either settlement or trial the city will have decisions to make at that point,” Morrisroe added. “Right now we just have to let it run its course.”

The monetary amount for damages is not listed in the suit. However, the suit notes Bohn has “sustained general and special damages in an amount that exceeds the jurisdictional limits of all lower courts that would otherwise have jurisdiction.”

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