03/15/2012 // WPB, FL, USA // Injury Lawyers News // Nicole Howley
Rochester, NY — The Jell-O Museum is facing a lawsuit filed by the estate of a man, who died after the scooter he was riding fell from a lift and left him with fatal injuries. The lawsuit was filed on Monday, March 12, 2012, in the U.S. District Court in Rochester, reports the Rochester Democrat and Chronicle.
The administrator of the Frank P. LaMont Jr. estate, Sophia LaMont, filed the lawsuit on behalf of her father’s estate.
Frank, who was a resident of the Canandaigua Veterans Affairs Medical Center, died in October 2010, after he fell about three feet when his scooter entered a back door of the lift at the museum. Frank landed headfirst with his scooter falling on top of him.
Frank sustained a skull fracture and a broken neck, which proved fatal later on that same day.
The lawsuit asserts that Frank’s death was a result of the negligence of the V.A. workers, who were supervising LaMont. In addition, the suit maintains the accident was also caused by the defective design and maintenance of the elevator.
Frank, a Marine Corps veteran, suffers from renal disease and became a resident of a V.A. Hospice in August 2010.
Sophia LaMont filed a $500,000 claim with the Department of Veterans Affairs in May 2011, but it was denied.
The lawsuit named the United States of America; the Le Roy Historical Society, which owns the museum; The Safety and Access Co. Inc., which serviced the lift; and Ikeco Inc., a Buffalo company that sold and installed the lift as the defendants.
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