STATE OF NEW YORK

SUPREME COURT: COUNTY OF ERIE

ln the Matter of the Claim of

DONNA K. fiEFEts@NIeb Executix ofthe JAN
2 5 ?0t0
t6^
Esiate of CRAIGE. LEHNER" deceased,

Ciaimant, NOTICE OF
vs.

CITY OF BUFFALO,
CityHall
-
65 Niagara Square
Buffalo,NewYork ru2A2

CITY OF BI]FFALO POLICE DEPARTMENT,

74 Franklin Steet
Buffalo, New York l421z

JOHN/JANE DOE(S),

Respondents.

TO; CITY OF BIIFFALO

CITY OF BUT'FALO POLICE DEPARTMENT
JOrrr{/JANE DOE(S)

PLEASE TAI(E NOTICE that DONNA K. WILSON as Exe".cufix of thp of

CRAIG E. LEHNER ("Claimanf), by and through her attomeys Lippes Wexler

Friedman LLP, hereby claims and demands against the CITY OF BUFFALO, OF

BUFFAL0 POLICE DEPARTMENT and J0HN/JAI.IE DoE(s) ('Respondents") as

1. The name and post office address of the claimant is DONNA K.

 ) DONNA K. WILSON was appointed as Executrix of the estate o decedent

CRAIG E. LEHNER on November 13,2017.

3. The name and post office address of the claimant's attomey is Lip Mathias

Wexler Friedman LLP, 50 Fountain Plaza, Suite 1700, Buffalo, New York 14202.

4. The claim is for negligence, wrongful death, conscious pain and

attorneys' fees arising from the death of CRAIG E. LEHNER.

5. That at all times herein mentioned, the respondent CITY OF BUFF LO at all

relevant times was and still is a municipal corporation, duly organized and existing and by

virtue of the laws of the State of New York.

6. That at all times herein mentioned, the respondent CITY OF ALO

POLICE DEPARTMENT at all relevant times was and still is a municipal , duly

organized and existing under and by virtue of the laws of the CrU of Buffalo and State of
New York.

7. That at all times herein mentioned, CRAIG E. LEHNER was a ITY OF

BUFFALO police officer.

8. That at all times herein mentioned, CRAIG E. LEHNER was acting in

of his employment with the CITY OF BUFFALO POLICE DEPARTMENT.

9. That at al1 times herein mentioned the CITY OF BUFFALO and/or the OF

BLIFFALO POLICE DEPARTMENT were responsible for the hiring, training and ion

of police offrcers including Claimant.

t0. The claim arose on or about October 13,2A17, when the decedent, E.

LEHNER, while in the course of his employment with the Buffalo Police ts

Underwater Recovery Team, was caused to drown while performing a dive training in
the Niagara River. Decedent's body was recovered approximately two miles from the

dive exercise five (5) days later, on October 17,2017.

t t. The said incident was caused by the reason of the negligence, and

carelessness of the CITY OF BUFFALO and/or the CITY OF BUFFALO POLICE

DEPARTMENT, their agents, servants, and employees in the negligent, careless reckless

operation, maintenance, management, supervision and conilol of equipment safety

procedures during said dive raining exercise; in causing, penuitting and/or allowing dive

exercise to continue despite unreasonably dangerous conditions which existed and

dangerous and/or unsafe before and during the course of the dive exercise; in ing to

sufficiently train and/or supervise CRAIG E. LEHNER to the degree necessary for unsafe

conditions; in faiiing to inspect, adequately inspect and/or properly inspect diving

equiprnent in light of said conditions; that said diving equipnoent was in a unsafe,

and/or defective condition; that said diving equipment was insufrcient to provide and

adequate protection to the iife, safety, or health of CRAIG E. LEHNER given said

conditions, thereby creating the conditions for the failwe of said diving equi

preventing CRAIG E. LEHNER's rescue; in failing to keep CMIG E. LEHNE& an

with the CITY OF BUFFALO and the CITY OF BUFFALO POLICE DEPAR , free

from i4fury in the course of employment; in failing to use due care, caution, and

diligence in this regard; in failing to have proper communication among dive team

in conducting a dive operation in ururecessarily dangerous conditions; in hiring servants

andlor employees who were negligent, careless and/or incompetent with to the

management, supervision, inspection and execution of said dive operation; that their

agents, servants, employees and those acting under their direction,behes! permission contol
were negligent, careless and reckless in the planning, operation, management, and

the dive operation; and in violating GML $ 2A5-e.

12. These acts of commission and/or omission subjected CRAIG E. to the

incident and created the condition which ultimately caused his death.

13. The items and amounts of damages claimed have not yet been determi

14. That Respondents failed to comply with a statute or ordinance, i but not

limited to Labor Law 27-a, specifically in failing to fumish its employees with place of

employment free from recognized hazards that caused or were likely to have death or

serious physical harm to its employees and failed to provide reasonable and adequate

to the lives, safety or health of its employees.

15. Respondent(s)' negligence directly or indirectly caused the death of

LEHNER.

15. Respondents violated and are liable under New York State Law incl

limitedto $ GML 205-e.

17. That this ciaim comes within one or more of the exceptions of

1602, including but not limited to 1602(7).

18. This notice is made and served on behalf of said Claimant, in co wittr

provision 50-E of the General Municipal Law and such other laws and statutes as are the case

made and provided.

19. Please take further notice that the Claimant demands payment of said

uniess said claim is paid in a reasonable time, it is the intention of the Claimant to

suit against the Respondents.

Dated: Buffalo, New York

January 25,2018
 Suire 1700

CIlo 853-s100
ipersicp@lippes.eom
 YEBITTSAIToN

STATE OF NEW YORK )

COIINTY OF NIAGAIL{ )SS;

DONNA K. wILSoN, being duly sworr, deposes and says: I am the claimant in

action and as such I have read the foregoing Notice of Claim and know the contents

that the same is tue to my knowledge, except as to the matters therein stated to be alleged

information and beliei and that as to those matters I believe them to be ffue.

Swourto beforemethis

COURTNEY J. DONAHUE, ESO..

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