A vehicle involved in a fatal accident at the North County Transfer Station in July 2024 must be preserved as Chautauqua County defends itself from a lawsuit filed by the man’s family.

County officials had filed a request in state Supreme Court in Mayville asking the court to require Sharon and Wesley Bartoo, wife and estate executor respectively of accident victim William Bartoo, produce the vehicle for inspection. Sharon Bartoo was driving the SUV in July 2024 when William Bartoo suffered fatal injuries at the Chautauqua County Landfill.

State Supreme Court Justice Grace Hanlon ruled recently that the vehicle must be preserved, maintained and protected while also granting the county’s request for an Order to Show Cause requiring Sharon Bartoo to appear for a 50-h examination.

“During the pendency of this order to show cause, respondents Sharon and Wesley Bartoo preserve, maintain and protect the vehicle such that it is not altered, modified or destroyed in any manner prior to the petitioners having a full and complete opportunity to inspect the vehicle,” Hanlon’s order states.

A Chautauqua County Sheriff’s Department report stated Sharon and William Bartoo were depositing garbage from their vehicle into the pit at the landfill on Webster Road in the town of Pomfret. William Bartoo was standing behind the vehicle when Sharon Bartoo lifted her foot off the brake, causing him to get hit and knocked into the pit.

The vehicle continued to roll backward, and also pushed a 2,500-pound steel barrier which was bolted and welded in place into the pit. The truck itself also fell into the pit.

William Bartoo was badly hurt. The 82-year-old passed away July 30, according to an OBSERVER obituary. That was 19 days after the landfill accident.

Sharon and Wesley Bartoo filed notices of claim against Chautauqua County in September over the fatal incident. Both of their claims accuse county departments of failing to ensure safe conditions at the garbage pit. This led to William Bartoo’s fatal injuries, they allege.

The county argues in this latest court filing that “the case hinges on the event data recorder, also known as the ‘black box’ data, from the subject vehicle.” Additionally, a physical inspection of dents and scratches on the vehicle will also “provide information as to the speed and manner in which the vehicle struck the decedent,” along with the steel barrier.

According to court filings, county attorneys have repeatedly inquired about the location and status of the vehicle, but “unfortunately, the attorneys for both Sharon Bartoo and Wesley Bartoo have largely ignored this correspondence and presently remain unaware of the location and/or status of the vehicle.”

The Bartoos are believed to have the vehicle. The county wants a court order to preserve it, “in order to prevent the destruction of the most crucial evidence available in this case.”

Tacked on at the end of the court filing is a request to compel Sharon Bartoo’s attendance at an interview. She has “refused to make herself available for oral questioning pursuant to New York General Municipal Law Section 50-h.”

Chautauqua County is represented in this case by the Webster Szanyi law firm, a Buffalo outfit that also provides legal counsel to the village of Fredonia.