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Lawsuit Filed In Cheeburger Cheeburger Crash | News

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Lawsuit Filed In Cheeburger Cheeburger Crash
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AMHERST, NY- A lawsuit has been filed in the tragic Cheeburger Cheeburger crash that killed two parents as they were dining with their son in Amherst last September.

Joseph and Kathyn Bennett's surviving family members, including their 12-year-old son Matthew, are suing not just the 74-year-old woman who drove her van through the restaurant last September, but also the property owner, and the restaurant chain, and the local franchise owner. According to the lawsuit, the property owner, BlvdCon LLC, and the restaurant are liable because the parking area was specifically designed so that cars were required to park facing the restaurant and there were no wheel stops or barriers to protect customers.

"There are other businesses who have appropriate barriers in front of their buildings by their parking spots, so Cheeburger can't claim that they weren't on notice for the possibility of someone crashing into their restaurant," adds Scott Cannon of Cannon & Can Allen, LLP, the firm representing the Bennett family.

Cannon says he is particularly offended Cheeburger protected its dumpster with barriers, but not the restaurant. "They chose to invest the money to protect the equipment but they didn't want to invest the money to protect their paying customers."

Many, however, are questioning why the restaurant is being held liable instead of just the driver, Beverly Kasmore-Torbert.

"Under the law, money is the only this you can go for in these types of cases. and clearly they're looking for the deeper pocket," said legal analyst Steve Boyd of O'Brien Boyd P.C.

 

Boyd adds, if this was his case, he'd bring it before a jury. "If you think about what the damages are and what the tragedy is, it was an awful tragedy. If this was something that was simple that other restaurants around that area do then why didn't they do it?"

 

The lawsuit seeks unspecified monetary damages.

 

Less than two weeks after the crash, Amherst passed a law requiring some new commercial buildings to install protective barriers so tragic accidents like that one might be prevented in the future.

 

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