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A Hornell woman has filed a multi-million dollar claim against several municipalities in the Cohocton area after she was struck by a car during the Fall Foliage Festival.
Christine Locker, 37, of 34 Cameron St. filed a $5 million claim against the Wayland-Cohocton School District and the Cohocton town and village, alleging their negligence during the 5K run at the festival was a “proximate cause” of her injuries.
Locker was struck by a car driven by Ella Mae Darling, 77, of 722 County Route 85, of Addison on Oct. 9 on Mill Street. She was flown to Strong Memorial Hospital in Rochester. Darling was issued a ticket for failure to use due care.
Cohocton police Officer-in-Charge Rob Anger said Locker suffered severe facial lacerations in the incident.
Anger pointed out that Locker was on the right side of the road during the incident, while pedestrians are ordinarily supposed to be on the left side of the road, facing traffic. Mill Street wasn’t the only location in which race participants were on the right side of the road.
“Other locations of the event, they were directed to be on the right-hand side of the road, which, in essence, is the incorrect side of the road by law,” he said.
The claim, filed in New York County, alleges the three municipalities were negligent in failing to properly delineate part of the course with cones or other markers and not warning participants or motorists of this situation. Other accusations of negligence include claiming the municipalities didn’t hire or train enough personnel for the event.
Richard Katz, Locker’s New York-based attorney, said no cones blocked off the section of the course where Locker was struck, a fact Anger confirmed. The attorney said he wasn’t sure yet who sponsored the run and handled setting up cones.
All three municipalities were included in the claim due to time constraints in filing the suit. Katz said that as he gathers more information, the targets of the claim could change.
A separate claim was filed against Darling, he added.
The 5K benefits the cross country programs at the school district. Coach Dave Stewart declined to comment, but Superintendent Michael Wetherbee said the program uses outside insurance for the run and is working with the company handling the claim.
“It’s a fundraiser the cross country team puts on,” said Wetherbee of the run. “The school district as an entity doesn’t sponsor it. We’re not the primary liability. Because it’s our team, we’re included in the lawsuit.”
A Hornell woman has filed a multi-million dollar claim against several municipalities in the Cohocton area after she was struck by a car during the Fall Foliage Festival.
Christine Locker, 37, of 34 Cameron St. filed a $5 million claim against the Wayland-Cohocton School District and the Cohocton town and village, alleging their negligence during the 5K run at the festival was a “proximate cause” of her injuries.
Locker was struck by a car driven by Ella Mae Darling, 77, of 722 County Route 85, of Addison on Oct. 9 on Mill Street. She was flown to Strong Memorial Hospital in Rochester. Darling was issued a ticket for failure to use due care.
Cohocton police Officer-in-Charge Rob Anger said Locker suffered severe facial lacerations in the incident.
Anger pointed out that Locker was on the right side of the road during the incident, while pedestrians are ordinarily supposed to be on the left side of the road, facing traffic. Mill Street wasn’t the only location in which race participants were on the right side of the road.
“Other locations of the event, they were directed to be on the right-hand side of the road, which, in essence, is the incorrect side of the road by law,” he said.
The claim, filed in New York County, alleges the three municipalities were negligent in failing to properly delineate part of the course with cones or other markers and not warning participants or motorists of this situation. Other accusations of negligence include claiming the municipalities didn’t hire or train enough personnel for the event.
Richard Katz, Locker’s New York-based attorney, said no cones blocked off the section of the course where Locker was struck, a fact Anger confirmed. The attorney said he wasn’t sure yet who sponsored the run and handled setting up cones.
All three municipalities were included in the claim due to time constraints in filing the suit. Katz said that as he gathers more information, the targets of the claim could change.
A separate claim was filed against Darling, he added.
The 5K benefits the cross country programs at the school district. Coach Dave Stewart declined to comment, but Superintendent Michael Wetherbee said the program uses outside insurance for the run and is working with the company handling the claim.
“It’s a fundraiser the cross country team puts on,” said Wetherbee of the run. “The school district as an entity doesn’t sponsor it. We’re not the primary liability. Because it’s our team, we’re included in the lawsuit.”
Supervisor Jack Zigenfus said the town doesn’t sponsor the festival, but allows jointly-owned town and village property to be used after the Cohocton Development Corporation provides a certificate of insurance to use the property. The CDC sponsors the festival, but wasn’t named in the suit.
Zigenfus added that if the team sponsored the run, it was responsible for handling issues brought up in the claim.
“We don’t have anything to do with the festival, and we especially have nothing to do with that race,” said Zigenfus. “I don’t understand why the town is being sued. It happened in the village, on a village street. It didn’t happen in the town.”
Mayor Thomas Cox, who is also the chairman for the festival, said he expected the claim to drag out several years.
“This will have to go through all the insurance companies. They’ll deal with it, really,” he said.
Attempts to reach Darling for comment were unsuccessful.
