The State Court of Appeals has upheld the dismissal of a lawsuit filed by a Niagara Falls man whose bicycle was struck by a car driven by School Superintendent Carmen A. Granto.
Granto was driving a school district car May 2, 2002, when he struck the rear wheel of Qurrise C. Harris' bicycle at Ferry Avenue and 16th Street. No charges were filed, and Harris was released that day after hospital treatment.
Harris filed a personal injury lawsuit in 2003, but missed the legal deadline of one year and 90 days after the accident. State Supreme Court Justice Richard C. Kloch Sr. allowed him to file late, but erroneously allowed him to sue the city, not the school district.
Kloch allowed Harris' suit to continue, but last March, the Appellate Division of State Supreme Court threw out Harris' suit. The Court of Appeals unanimously agreed with the Appellate Division, ending the case.