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Lynch sued over 2008 accident

Fri, Jan 8th 2010 03:00 pm

By MATT CHANDLER

Buffalo Law Journal

The attorney representing the woman struck by Buffalo Bills running back Marshawn Lynchs’ car in 2008 says his client suffered “injuries with a component of permancy” as a result of the accident. 

Timothy O’Connell, a lawyer with Siegel Kelleher & Kahn LLP, filed a lawsuit in state Supreme Court on behalf of Kimberly Shpeley. The Ontario resident was struck as she crossed the intersection of Delaware Avenue and W. Chippewa Street in the early-morning hours of May 31, 2008. 

Though it was initially unclear whether Lynch was driving or even in the vehicle at the time of the crash, the running back pleaded guilty the following month to a traffic violation and paid a fine in connection with the hit-and-run accident. 

Eighteen months later, Shpeley is seeking financial compensation from Lynch, the Buffalo Bills’ 2007 first-round draft pick, as a result of the accident. O’Connell called the lengthy time between the incident and the filing of a lawsuit “very typical” in this type of case. 

“You let the case develop before you move forward,” he said. “Especially in a case with injuries, they are not all known immediately.” 

Though he declined to go into detail about his client’s injuries, O’Connell said they were “serious.” He also said his client isn’t seeking a specific dollar amount in the court filing, saying it is up to a judge and jury to decide how much compensation she should be awarded. 

“We want just what is reasonable for what she has suffered and lost,” he said. 

Asked whether he expects the case to result in a settlement before it goes to trial, O’Connell said simply that similar cases usually do result in a pre-trial settlement. 

“Each case progresses on its own merits,” he said. “With this case, only time will tell.” 

Lynch’s Buffalo attorney, Michael Caffery, said he had no comment on the pending suit, saying his client had only recently been served with the papers. 

“I can say, however, that despite what has been said, my client was not intoxicated,” added Caffrey, of the Bouvier Partnership LLP law firm.