Lockport Cave claims against munis piling up

Benjamin Joe, Lockport Union-Sun & Journal, N.Y.
·2 min read
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Sep. 11—The co-executors of the estate of Harshadkumar Shah, the 60 year-old man who died while taking the Lockport Cave & Underground Boat Ride tour on June 12, have filed notices of claim with the City of Lockport, Niagara County and/or the Niagara County Industrial Development Agency.

Several other of the 29 passengers who went into chilly water when the Lockport Cave boat flipped inside the old hydraulic cave have filed notices of claim against one or more local government entities as well.

Nine notices of claim, which put the receiving entities on notice that the filer may sue them over physical and emotional injuries sustained in the incident, were filed as of Sept. 6 and they are included in the Common Council's Wednesday meeting packet.

Also putting the city, the county and NCIDA on notice, between Aug. 21 and Sept. 6, were Lockport Cave tourists Holly Curcione, Christine Thomas, Colleen Gray, Nina Briglio, Naresh Ramanlal Shah and Sharmistha Nareshkumar Shah. Their notices are in addition to the ones filed by Shah estate co-executors Dharan and Mansi Shah.

Passengers Daniel Morrissette and Elizabeth Morrisette, and Kristen Brolinski, filed notices of claim with the city only. In mid August, passengers Barbara and Kaz Borkowski did the same.

Passenger Jaylah Florence Reed filed notices of claim with the city and Lockport Cave & Underground Boat Ride.

Lockport city attorney Laura Miskell declined to comment Monday on the notices of claim.

County Attorney Claude Joerg said the rash of claims is unsurprising, given that notices of claim against a municipality must be filed within 90 days of an incident and the passengers' attorneys "protected their clients" by putting the municipalities on notice about any possible liability ahead of the deadline.

For Niagara County, Joerg added, "the bottom line" is that the county does not own or operate the Lockport Cave, "so how can we be responsible?" The June 12 incident at the Lockport Cave remains under investigation by Lockport Police Department.

Police Chief Steve Abbott said previously that LPD is working in partnership with the Niagara County District Attorney's Office and New York State Parks, Recreation and Historic Preservation.

It appears no local, state or federal government entity was responsible for inspecting or registering the Lockport Cave boat.