A lawsuit has been filed against Chautauqua County following the death of a Portland man at the county landfill last year.

On Aug. 3, 56-year-old Scott M. Deming, who was described as an independent contractor, was standing behind a large pile of garbage and debris that he had just dumped at the landfill in the town of Ellery when he was struck by a bulldozer. The Sheriff’s Office said the bulldozer operator had “no idea” Deming was behind the pile when the debris was pushed into a pit.

According to court documents filed Monday, the Law Office of Michael D. Hollenbeck of Buffalo is representing the estate of Deming. The suit alleges that Deming’s death was “the result of negligence, carelessness, recklessness, and unlawful conduct on the part of the defendants, Chautauqua County Department of Public Facilities, Chautauqua County landfill and James Christ” the individual who operated the bulldozer.

The lawsuit further alleges the county violated state labor law and the federal Occupational Safety and Health Act.

Stephen Abdella, county attorney, declined to comment on the litigation, noting that the county has yet to be served.

The lawsuit does not list an amount of money sought; it only states he has three children as his “next of kin” that he can no longer support.

At the time of the accident, County Executive PJ Wendel called the incident tragic and said the county will do whatever it needs to protect both employees and independent contractors, like Deming. “It is dangerous environment but we want to make it as safe as possible as we can,” he said in an interview last year.

Along with the Sheriff’s Office, the county’s insurance was conducting its own investigation and the Occupational Safety and Health Administration was contacted as well.