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A petition has been filed in state Supreme Court in Chautauqua County seeking to submit a late notice of claim for damages associated with a March 2019 vehicle collision between a Jamestown woman and officer with the Lakewood-Busti Police Department.
The petition was filed last week by Amica Mutual Insurance Company as a representative of Michelle Elliott, and names the village of Lakewood and Douglas Goodwin of the police department as respondents.
Because damages are being sought almost a year after the crash, a petition to file a late notice of claim has been submitted. The state requires a notice of claim in a tort case be filed within 90 days of the incident.
Elliott was driving a rented 2016 Mini Cooper on March 29, 2019, when she was struck in the driver's side by Goodwin, operating a marked 2018 Dodge patrol vehicle. The collision occurred at the intersection of Southwestern Drive and Baker Street.
According to an accident report by the Lakewood-Busti Police Department included in the petition, Goodwin was attempting to make a left turn from Southwestern onto Baker when the crash occurred. The report stated the officer had failed to yield the right of way.
No injuries were reported in the collision.
The petition claims Amica sustained damages in the amount of $10,484.35 -- $8,888.63 for collision repair costs; $1,020 for rental vehicle expenses; $500 for a deductible on behalf of Elliot; and $75.72 for out-of-pocket rental expenses to Elliot.
Rodger P. Doyle, an attorney representing the insurance company, claims the village and officer were "immediately on notice of the accident" and thus a lawsuit seeking damages can move forward.
"The prompt and repeat notices to village of Lakewood fulfilled Petitioner's obligation to file a timely notice of claim," the petition states. "In the event that such notice is deemed inadequate for any reason, petitioner files this motion for leave to serve a late notice of claim seeking to preserve its claims against defendants for negligence and owner liability for negligent operation of a motor vehicle.
"The petitioner's excuse as to why it was unable to previously file a timely notice of claim is petitioner's reasonable belief that it had complied with all notice requirements and defendants' failure to respond to petitioner's multiple notices."
A hearing on the petition is scheduled for Monday, March 23, at 9:30 a.m. before Supreme Court Judge James Dillon in Mayville. Lakewood attorney John LaMancuso on Wednesday said he had not yet received a copy of the petition.
Last week's filing comes as the Lakewood-Busti Police Department is looking over its options for patrol vehicles. Chief John Bentley updated the Lakewood Village Board on Feb. 24 on efforts to replace two such vehicles. The police chief said one of the vehicles is aging while the other was heavily damaged -- and considered totaled -- when fire broke out at a car dealership in November where it was receiving repairs.
Due to a labor dispute in Canada disrupting production of the Dodge Charger, Bentley said he plans to move an existing vehicle into the patrol fleet while purchasing a Dodge Durango.
"So it will be an unmarked Durango that I would like to be able to ask for a bid for now, and have the bids returnable on March 6," Bentley told the board, "then come August when they start making Chargers again, I would replace the other car that is due to be replaced at that time. Hopefully getting that car in October some time."