ROCHESTER, N.Y., March 15 (UPI) -- The estate of a man who died at the Jell-O Museum in New York has filed a lawsuit in a federal court over his death, officials said.
The suit was filed Monday in U.S. District Court in Rochester by Sophia LaMont, who manages the estate of her father, Frank P. LaMont Jr., The Rochester (N.Y.) Democrat and Chronicle reported.
Frank LaMont died after the scooter he was riding fell about 3 feet from a lift at the Jell-O Museum in October, 2010. He landed headfirst on concrete with the scooter on top of him, fracturing his skull. LaMont died later the same day.
The lawsuit names the United States; the Le Roy Historical Society, which owns the museum; The Safety and Access Co. Inc., which serviced the lift, and Ikeco Inc., a company that sold and installed the lift at the museum, as defendants, alleging LaMont's death was the result of the negligence of the Veterans Affairs workers supervising him and the defective design and maintenance of the elevator.
"The family is seeking justice for the tragic death of their father. They don't want this kind of thing to happen to anybody else," said Deborah M. Field, a lawyer for the plaintiff.
LaMont, a veteran of the Marine Corps with renal disease, became a VA hospice resident in August 2010, when he was 81.
"Although he was approaching the end of his life, he was comfortable, remained fairly mobile, and valued and appreciated the remaining months that he believed he had left," Field said in the lawsuit.
None of those named in the lawsuit have yet responded.