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Another defendant has been named in a lawsuit filed by the estate of a Westfield man killed in a 2020 accident at the Chautauqua County Landfill.
The son of Scott Deming Sr. initially filed suit in state Supreme Court in Mayville against Chautauqua County, the county Department of Public Facilities, the County Landfill and James Christ.
Christ was operating a bulldozer the afternoon of Aug. 3, 2020, when he accidentally struck and killed Deming, who was standing behind a large pile of garbage and debris that he had just dumped at the landfill in the town of Ellery. Christ later told police he had "no idea" the 56-year-old Deming was behind the pile when the debris was pushed into a pit.
The suit -- filed in May 2021 -- 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."
In its initial response to the suit, the county denied it was negligent.
On May 2 of this year, the county filed suit against Bestway Container Services, the company that employed Deming as a truck driver, as a third-party defendant in the original complaint.
In its suit, the county claims Bestway Container "owed a duty of care … to properly train its employees who are to perform employment duties at the Chautauqua County Landfill, including but not limited to training its employees to exercise caution, follow applicable rules, and not engage in dangerous, reckless or unlawful activity."
It also states, "As a result of Third-Party Defendant's negligence, wrongful conduct, and failure to train, Third-Party Defendant caused Scott M. Deming Sr. to suffer serious injuries, including death, from which Plantiff Scott M. Deming Jr., as Administrator of the Estate of Scott M. Deming Sr., deceased is seeking recompense."
Bestway Container did not respond to requests this week regarding the lawsuit.
The county believes if judgment is awarded to the estate, Bestway Container should contribute to the cost.
In court documents, the county said it entered into an agreement in January 2020 for Bestway Container to provide all garbage and container services. Part of the contract, the county claims, requires the company to compensate the county "for any damages arising from Third-Party Defendant's performance of work under the agreement."
The county is asking the court to enter judgment against Bestway Container, requiring the company to compensate the county for its share of the fault "for any alleged injuries and damages suffered by Plaintiff." Further, the county is asking that the suit by Deming's estate be dismissed.
When reached this week, the attorney representing Deming's estate said he typically does not comment on pending litigation.