Lakewood Woman Who Was Struck By Lightning In Catskills Sues Town, Park

The Lakewood woman who was struck by a lightning last Summer in upstate New York, is now suing the town and the park, a report in the Record said. The woman was struck by lightning while boating on Morningside Park’s lake on Aug. 1, 2010, and is now suing the Town of Fallsburg and Parks Manager Henry Lesczynski, claiming negligence.

The suit says the town and Lesczynski had a duty to provide park visitors with “reasonable protection from natural hazards.”

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35 COMMENTS

  1. Not taking sides here, but if there was lightening or rain in the forecast than they should not have let her out on the lake. In this day and age there is someone responsible for every action, and a lawsuit will bring out that responsible party. The lawsuit will go to court and if they feel there’s a reasonable claim than it will go foward. Its not for us laymen to decide if its reasonable or not. I’m sure there’s a lot more to the suit that the media is reporting as well. The question I have is why did they wait 1 year until they filed the suit? This should have been done within 30 days. Oh, by the way, her father is a Lawyer.

  2. someone should have told me it was going to rain the other day and force me stay inside. my shoes got ruined, my wig got wet. I’m suing the township, police chief, the police officer who was in my neighborhood that day, everyone in the municipal building, my neighbors, my cat and dog, my parents (for not telling me to check the weather before going out) and G-d for making it rain and not giving me common sense.

  3. whats next, suing the coast guard because you got bit by a shark?

    this person is the exact reason why everything is so expensive now a days. companies have to cover themselves with insurance that ends up costing them millions, so they pass that along to the consumer. (Moderated – Personal attacks are not allowed on the site. Please see comment rules).

  4. you are all a bunch of “non- fargining” (meaning JEALOUS) whiny (moderated) !!!! If they are entitled to some money, get off your wholier than thou fake attitudes! If you were in their shoes, you would do it too in a heart beat!!

  5. Maybe the Town of Fallsburg (or whatever town it is) parks department should have procedures in place to get people out of the water much quicker. I don’t find this lawsuit frivolous. She has full right to sue. She is not suing because Starbucks coffee is too hot. She almost died! Have some sensitivity!

  6. Everyone is laughing , but don’t laugh. This woman has hit the jackpot!

    Remember a few years ago when a kid twisted his ankle sliding into home base? His parents sued and the little league settled for $75,000. Why? because it was cheaper than the $200,000 it would have cost in legal fees to go to court (and most likely win)

    Something similar will happen here, unless the judge tosses the case, which he probably wont.

  7. Jak,
    The fact that she almost died doesn’t make her suit any less frivolous. The park didn’t create the danger, it was an act of nature. Think about where this will lead if a suit like this is allowed to proceed. Should the family of a person who falls into the Grand Canyon be able to sue because there aren’t railings around it? You realize, of course, that at the end of the day suits like this cost all of us, either in increased taxes or diminished resources. The town may find that it’s too expensive to defend suits like this and not worth keeping the park open. Please don’t confuse the “right” to sue with the merits of the suit; the two are very different. I’m sorry this person was hurt, but if anyone is responsible for her injuries, it is she.

  8. To shmiel shpieler – I as a Lakewood resident for the better part of 40 yrs would never attempt to sue a town because I was struck by lightning while on a lake or walking in the street..The lightning is a act of nature..and to sue because you were struck is crazy. I guess you should name Mother Nature in the lawsuit as well since it was her doing.

  9. Wholy cow! The spelling on this site is out radges! I think all the posters here should sue their school for letting them loose without knowing how to spell.

  10. #18 your 1000 % correct
    this is how laywers feed their families
    they say to sue for anything
    i know a laywer that got his client $80.000 for stupidty on a lawsuit

  11. I agree this lady was almost dead and had burns on her body, she was in a comma as well. There was definetly thousands of dollars in medical expenses.Wait and see If the court decides there was negligence why should she not get the money, and if they settle then obviously they think they were going to lose the case,again because there was negligence.If town was negligent they should be responsable and pay. What is the big deal, everyone is just jealous!

  12. To number 4, of course there is someone responsible for this. It would be her. She could have checked the weather before she decided to go outdoors. I do not believe the township forced her to stay outside. If this even goes to court, it will open up a can of worms. Imagine every golfer now suing because they decided to stay out in the open during a storm.

  13. i hope she wins the $5,000,000 she is suing for
    she needs to repay all her outstanding medical bills and therapy etc.. because of this !
    she cant work anymore and the small amount of $ she gets from diability etc.. is nothing to cover a growing family !
    why cant anyone be positive and think of what this poor family had to go throught for the last 13 months ??
    put your self in thier shoes you would sue for more !!!!

  14. I am just completely amazed! Wow. If this actually goes to court, or this woman actually makes any money off of this case, than parks will start putting up signs saying they are not responsible for any injuries occuring from natural disasters. It’s like when it says on the microwaves not to put your pets inside.

    I mean, common sense, people! Or maybe that should be common cents, haha.

  15. We live in such a letigious (sue happy) society that companies are going overboard to protect themselves and keep their liability to a minimum. For example, I once saw a warning on steps in a swimming pool that said, “Caution: Steps may become slippery when wet”.
    Btw, the spelling and grammar on this site is out radges. I guess that’s what happens when you don’t take limudei chol seriously.

  16. For all those smart who think they know it all,
    Let me enlighten you guys to some facts of the case:
    She was not on the boat when the lightning started, her husband was on the boat with their child. When they announced that all boats should come in due to the lighting, her husband boat broke and he was not able to get back to the doc. She had to go out on a boat to bring them back in because they didn’t have a boat and a lifeguard ready to go help him. By the law, they are required to have a boat with a lifeguard ready to go help in these situation. They didn’t, they were negligent and therefore she had to go out to help her husband, and thats when the lighting struck her…………..OH!

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