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Woman sues man over fall

January 15, 2013
By BILL PITCHER , The Leader Herald

JOHNSTOWN - A Gloversville woman has sued a town man who allegedly caused her to fall from a four-wheeler during an incident that resulted in charges against the man and the ATV operator.

The lawsuit on behalf of Laura Jones was filed Dec. 28, 2012, in state Supreme Court in Johnstown. It names Scott Carey, who lives on Klimas Road in the town.

Jones' attorney, Robert Abdella of Gloversville, said Jones was a passenger on an ATV on "commonly used trails" when Carey accused them of trespassing on his land.

"He decided to handle it by grabbing the handlebar of the four-wheeler, and that caused [the driver] to lose control," Abdella said.

Jones was thrown from the ATV and "hit the ground with violent force," the lawsuit said.

In a phone interview, Carey said Jones and the ATV operator, identified in police records as Brett Simpson, were trespassing on his property, and he yelled to get their attention. He said as he stepped up to the Simpson and the ATV, "they took off ... and ran into my hand, for lack of better words."

Simpson was charged with having an unregistered ATV, unlawful operation on a public highway, operating an ATV without insurance, having two occupants without a second permanent seat and unlawful operation on a public highway, Fulton County Undersheriff Kevin Lenahan said.

Carey was charged with harassment "for grabbing Simpson's arm, causing him to lose control of the ATV," Lenahan said. The disposition of those cases was not available.

Abdella declined to specify Jones' injuries, but said she's incurred more than $17,000 in medical bills.

The lawsuit says she'll "be compelled to undergo great pain and suffering and to submit to medical treatment in and about endeavoring to be cured of her injuries."

 
 

 

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