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Sunday, February 11, 2018

Appellate court changes the dynamics of Cattaraugus County death lawsuit

There has been another shakeup in the ongoing lawsuit against the State of New York over the Red House Bridge (RHB) along Old Route 17. A New York State Appellate Court on Friday reversed a lower court ruling…concluding that NYS Highway Law “creates an unambiguous duty for the State to maintain the RHB.” The ruling relates to a lawsuit filed by the estate of Patricia John and also Kenneth Van Aernam. In 2012, John fell through the bridge and died. Van Aernam was injured. The claimants had been seeking a partial summary judgment to determine who was responsible for the bridge regarding liability.