By Dan Herbeck
Copyright buffalonews
A negligence lawsuit has been filed in connection with an accident at a popular Niagara County pumpkin farm that caused a developmentally disabled man to have his right arm amputated.
The state court lawsuit was filed on Wednesday by the attorney for Eliot Shirback, now 37, of Lewiston, who was injured Oct. 23, 2024, at the Niagara Pumpkin Farm on Townline Road in Sanborn.
Shirback’s right arm was badly mangled when the off-road vehicle he was a passenger in rolled over on the pumpkin farm property, said Shirback’s attorney, Jason C. Luna.
“The injuries were so severe that his arm had to be amputated above the elbow,” Luna said.
The lawsuit, which does not yet specify monetary damages, was filed against the pumpkin farm and its owners, the driver of the off-road vehicle and People Inc., a not-for-profit agency based in Amherst that provides care to Shirback and many other people with developmental disabilities.
A People Inc. employee who, according to court papers, took Shirback to the pumpkin farm that day, was also named as a defendant.
Owners of the pumpkin farm did not respond to a phone message and email from a reporter.
“While we cannot comment on a pending lawsuit, People Inc. welcomes the opportunity to defend against baseless accusations,” spokeswoman for People Inc. said in a statement emailed to The News.
People Inc. provides services that “enrich the lives of people with intellectual and developmental disabilities,” the spokeswoman said, adding that its services include “self-directed” programs that give clients independence.
The accident was “a direct result of the negligence of all the named defendants,” Luna alleged in court papers.
According to court papers, Shirback suffers from Williams syndrome, a rare genetic disorder that affects development and causes other medical problems. He had gone on an outing to the pumpkin farm in the “care and custody” of a caretaker working for People Inc., the lawsuit claims.
The People Inc. employee went into a maze and left Shirback alone for an “excessive” amount of time, the lawsuit alleges.
A man who was either “an agent, servant, employee or volunteer” at the farm agreed to Shirback’s request to take him for a ride on his off-road vehicle, a Polaris utility task vehicle, the lawsuit alleges.
According to court papers, Shirback was wearing a seat belt, but was badly hurt when the vehicle tipped over. According to a police report on the accident, the vehicle was traveling at approximately 30 miles per hour when it crashed.
Shirback’s injuries are “permanent, painful” and will require “lifelong care,” including the need to wear a prosthetic arm, Luna said in court documents.
Popular with youngsters around the Halloween season, the pumpkin farm features haunted hay rides, farm animals, treats, games and other attractions. According to one published report, the pumpkin farm gives some of its proceeds to local charities.
