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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.