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A lawsuit by a Ball Hall Wind Energy LLC worker filed in state Supreme Court in Mayville has been dismissed.
Joseph Dowdy of Salamanca filed his lawsuit in January 2023 against Ball Hill Wind Energy LLC, the towns of Villenova and Hanover and Chautauqua County seeking damages for injuries sustained in an accident on the wind turbine site in November 2021. Chautauqua County was removed from the lawsuit in September 2023 while the lawsuit was discontinued "with prejudice" against the towns and Ball Hill Wind Energy LLC on July 30.
Dowdy testified in another case, also discontinued, that he was working on the wind turbine site as an apprentice carpenter helping with a template ring hoisted by a crane used to anchor bolts to a windmill when one of his fingers on his right hand was crushed, causing the tip of a finger to be amputated.
The decision comes after an April 2023 motion filed by Mellissa Morton, attorney for Villenova and Ball Hill Wind Energy, asking the court to require Dowdy's attorneys to provide information to the towns, county and wind turbine company after a couple of years of requests. Information requested included a verified bill of particulars; demand for statements, medical authorizations, medical reports, witnesses and photographs, insurance information, accident reports, tax returns, demand for benefits from Medicare, Medicaid and Social Security Disability; and a Notice of Examination Before Trial.
"Defendant's outstanding discovery demands seek information that is material and necessary to the defense of this suit," Morton wrote in an attorney affirmation of the motion. "Your affiant's office is unable to move forward with this case or schedule depositions without having full and complete discovery responses from plaintiff, along with a
complete set of authorizations enabling us to obtain plaintiff's medical, insurance and Workers' Compensation records. Further, it is necessary for (the) defendant to be provided with the discovery set forth above in order to fully defend this case and adequately prepare for trial. Such discovery would prevent defendant from being substantially prejudiced from their inability to obtain (the) same."
Information was provided by Dowdy's attorneys in September 2023, according to Morton sent to the court. That was the last document filed prior to the discontinuances filed in September 2023 and July 30.
Another lawsuit filed by Dowdy against Northland Power Inc., Northland Power America Inc., Ball Hill Wind Energy LLC and Kiewit Constructors, a subcontractor on the job, was filed in August 2022 and discontinued in December 2022 after similar requests for documentation by Morton.
A third complaint by Dowdy filed against Ball Hill Wind Energy, the town of Dayton, village of South Dayton and Cattaraugus County in January 2023 was similarly discontinued in May 2023.
The Ball Hill Wind Project was constructed in the towns of Villenova and Hanover and covers around 9,715 acres.It was originally scheduled to have 29 turbines, but that number decreased to 26 towers that produce 107.5 megawatts.