WHEATFIELD, N.Y. - A Niagara County family wants the Town of Wheatfield to pay for damage to their home that was hit by a plow. The town plow hit the York Road home on December 18, 2016.
"We would like the town to do what they should do, pay for that, fix it," said homeowner Mike Stone.
Damage to the home owned by the Stone family is $20,000. The town's insurance company declined to pay for the damage, citing New York State Vehicle and Traffic Law S 1103(B) that the rules of the road do not apply to "persons, teams, motor vehicles, and other equipment while actually engaged in work on a highway."
Town Attorney Matt Brooks said "as long as there is no reckless disregard or gross negligence, they are protected by statute from liability."
He says in the past, the town helped homeowners with deductibles in situations like this, but because the Stone's insurance on the property lapsed, there is no option.
The homeowners can pursue this is court.