Pepsi Center dispute results in suit against town, recreation department

In April, Lockport resident Charles M. Schmidl was arrested for removing a boy from the ice because the youth was shooting pucks at his son. In July, the notice of claim arrived in the Town of Amherst's law office holding the town partly responsible.

According to the claim, Charlene Van Dusen has filed a claim for herself and her son Michael, against the Town of Amherst and the Town's Recreation Department.

The Grand Island family, represented by Andrews, Bertstein & Maranto, LLP, is claiming the incident was caused by negligence and carelessness of the Town of Amherst and the Recreation Department.

On April 13, Michael Van Dusen and Schmidl were both taking part in an open skate program. Police were called to the center after Schmidl reportedly removed Michael from the ice after the boy refused to stop shooting pucks at Schmidl's young son.

Schmidl was charged with endangering the welfare of a child, a misdemeanor, at the time. He has since been in Town Court.

The Van Dusen family is alleging that Michael was removed against his will and physically assaulted.

In the case against the town, the claim states the town was negligent in having adequate security, failed to aid Michael in the incident and failed to prevent the individual from continuing to assault the boy.

The claim is for personal injuries, conscious physical and emotional pain and suffering, medical expenses and consequential damages.

When police arrived on April 13 they reported the boy had a visible red mark on his neck that subsided by the time they left the location.

The claim stated that the amount in damages has not yet been calculated.

The notice was received by the Town on July 10.