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Lawsuit filed in death of boy on bicycle

January 16, 2014
By LEVI PASCHER , The Leader Herald

GLOVERSVILLE - The father of a 9-year-old boy who was hit and killed by a truck while riding his bicycle is suing the driver of the truck.

No criminal charges were filed against the driver of the pickup truck in the accident near Bloomingdale Avenue in April.

The lawsuit dated Jan. 9 states Steven Blaney, the administrator of the estate of the accident victim, Jonathan Blaney, is suing Brian Wilson of Gloversville, who was not injured in the accident.

The court document claims the incident occurred as a result of negligence by Wilson.

The boy was struck by the vehicle while riding his bike around 5:30 p.m. April 15 near his home, officials said.

Steven Blaney is being represented by attorney David Taffany of Latham, who on Tuesday said despite police not filing any criminal charges or traffic infractions, they believe they can prove negligence.

"We did a full investigation ourselves, and there is a difference between criminal negligence, criminal recklessness and civil recklessness," Taffany said. "After we completed our investigation, we believe that we can prove the defendant was negligent in the way he operated his car under the circumstances."

Wilson stopped at a stop sign on Bloomingdale Avenue and turned left onto East Pine Street just before the accident occurred, Police Chief Donald VanDeusen said at the time of the accident.

VanDeusen said Wilson was neither speeding nor impaired.

Wilson was at a complete stop at the intersection and drove fewer than 15 feet before hitting the boy, VanDeusen said. Wilson then stopped after realizing what happened, the chief said.

VanDeusen said no witness accounts revealed how the boy got into the path of the truck.

Capt. John Sira previously said autopsy results on the child showed he died from trauma to the chest.

Sira said the boy went under the tires of the vehicle and died from his injuries en route to St. Mary's Hospital in Amsterdam.

"The collision and injuries, damages and death suffered by the plaintiff's decedent were caused by the negligent acts of the defendant without any fault on the part of the decedent or the plaintiff," the lawsuit claims.

The court documents state the family is seeking the monetary damages for the expense of the funeral, burial and other expenses that have been incurred.

The lawsuit does not say how much it is seeking for damages.

Blaney also claims that because of the negligence of Wilson, catastrophic personal injuries and intense and excruciating conscious pain and suffering have resulted in substantial damages, court papers show.

The court documents state Blaney is seeking monetary damages for the April 15 incident along with the expenses of the court action.

"That's the only thing you can do in these cases," Taffany said.

He said no court date has been scheduled for the lawsuit, and he was unaware if Wilson has been served.

The court documents said the court action is being brought to state Supreme Court in Fulton County because the damages exceed the jurisdictional levels of all lower courts.

Johnathan, who was a third-grader at Boulevard Elementary School, was described by school Principal Thomas Komp as full of energy and well known around the building by faculty, staff and students.

Steven Blaney could not be reached for comment.

Levi Pascher can be reached at lpascher@leaderherald.com.

 
 

 

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