A former Chautauqua County legislator and the county are being sued over a fatal car accident on July 6, 2023.

Thomas Altwies and Lillian Hahn Altwies of Columbia, Mo., are the brother and sister-in-law of Jeffrey Duchaine, 83, the motorcyclist who was killed in the accident.

Chautauqua County is named in the lawsuit because the Altweisses’ attorney alleges John Hemmer was driving on his way from a Chautauqua County Legislature meeting, though the vehicle was Hemmer’s personal vehicle and not a county-owned vehicle.

The county has not yet had an opportunity to file a response to the lawsuit, which alleges Hemmer drove negligently, including operating at an unsafe speed.

“Upon information and belief, defendant John Hemmer was operating his vehicle in the course of his employment/agency/responsibilities/role with Chautauqua County as a county legislator at the time of the subject incident,” attorney John Falk of Rochester said in the petition to the court. “As such, Chautauqua County is financially responsible for the negligent acts of defendant John Hemmer.

The Westfield Police Department’s report on the incident said a vehicle driven by John Hemmer, a former county legislator, crossed into the southbound lane of Hardenburg Road, Westfield, and struck a motorcycle driven by Duchaine.

Duchaine was taken to Westfield Memorial Hospital by Westfield Rescue and later flown to Erie County Medical Center in Buffalo. He later succumbed to the injuries. Hemmer was not injured and refused treatment. No charges were immediately filed after the accident.

The Altwiesses filed the lawsuit in state Supreme Court in Mayville on Monday. The filing does not list an amount Duchaine’s family members are requesting, but does mention funeral and burial costs as well as unspecified economic and non-economic losses.

“At the time of his death, decedent Jeffrey Duchaine provided valuable services and monetary support to his family members,” Falk wrote in the court filing. “Plaintiffs have incurred funeral and burial expenses as a result of the death of decedent. As a result of the negligence, and culpable conduct of defendants, decedent Jeffrey Duchaine’s estate and distributees have suffered damage, including without limitation, loss of income, loss of services, deprivation of decedent’s support and pecuniary value, comfort, companionship, services, nurturing, guidance, protection, influence, love and affection, and inheritance.”