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Tourist hurt by trash can dropped from parking ramp sues Niagara Falls

The tourist who was knocked unconscious by a 50-gallon plastic garbage can thrown from an upper level of a Niagara Falls parking ramp last year has sued the city for negligence.

Brooke St. Peter of Lorain, Ohio, who also suffered a fractured collarbone in the Aug. 9 incident, hired attorney Richard J. Barnes of Cellino & Barnes, who filed the case Tuesday in State Supreme Court.

The suit seeks an undisclosed amount of damages for the "unsecured tote." The day after the incident, Mayor Paul A. Dyster ordered city workers to secure all city-owned public garbage cans to fixed objects. Niagara Falls Corporation Counsel Craig H. Johnson declined comment Wednesday.

Zachary T. Messing, 18, who dropped the trash can, was sentenced July 11 to 2 1/3 to seven years in prison.

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