The families of two central New York men killed by lightning while camping at the Darien Lake Theme Park will appeal a judge's decision to quash their $1 million in claims against the Genesee County amusement facility, their lawyer said Friday.
James J. Devine Jr. of Oneida, said acting State Supreme Court Justice Glenn R. Morton "misperceived" the legal issues, adding that he will ask the Appellate Division of State Supreme Court in Rochester to revive the case.
Morton, a Genesee County Court judge in Batavia, ruled Wednesday that the amusement facility had "no legal duty to protect against an event as unlikely as a lightning strike."
Morton quashed $500,000 lawsuits filed by the families of Kelly Hilts and Andrew J. Lather, both of Vernon. Hilts, 20; Lather, 18, and Jeffrey Smith, 18, also of Vernon, were electrocuted by lightning during a thunderstorm as they slept in tents in the park July 26, 1987. Smith's family never filed a lawsuit.