On Nov. 3, 2023, Pittsford Town Supervisor William Smith’s Friday night out took a turn for the worse when he tripped and fell over a decorative rock.
Now, he’s suing the business, Lock 32 Brewing Company, and its landlord Purple Hilltop Properties. Smith filed the complaint at the end of January but Lock 32 and Purple Hilltop both recently filed responses with the court.
In the complaint, Smith alleged that Lock 32 and Purple Hilltop failed to “keep the property free from obstacles that could interfere with clientele’s safety.” Due to the fall, Smith allegedly suffered a “serious bodily injury,” which resulted in him being stuck with medical bills. The complaint does not specify the nature of the injuries.
“The placement of the boulder within the seating area of the firepit created an unreasonably dangerous condition to the patrons lawfully using the premises at Lock 32,” the complaint reads.
Smith, an attorney, was first elected supervisor in 2013, and he previously served as a town councilmember, town judge, and county legislator.
Through a town spokesperson, Smith declined to comment, deferring to his lawyer Peter Skivington.
Skivington, in an email, offered a brief comment, referring to the complaint as "a private matter."
Opened in 2013, Lock 32 is a popular destination along the Erie Canal on Schoen Place. Its owners, Casey Dunlavey and Seth Clark, also own Preservation Brewing Company in Fairport and previously owned Seven Story Brewing in Bushnell’s Basin.
The southern face of the brewery looks outward to the canal, making it one of the more scenic locations in the village. That area is open for use by the public as well as brewery customers.
Dunlavey also declined to comment, deferring to the attorney representing the brewery, Melissa Foti. She also did not immediately return a request for comment.
In a response to the complaint, Foti argued that Smith’s own actions resulted in him tripping over the rock.
“Plaintiff (Smith) failed to take reasonable precautions for his own safety and otherwise failed to take reasonable action to mitigate or minimize his alleged damages,” the response reads.
Meanwhile, attorneys representing Purple Hilltop and Lock 32 have placed the responsibility on each other for Smith’s fall. Kimberly Cline, the attorney representing Purple Hilltop, argued that Lock 32’s insurance should be the sole party on the hook for Smith’s injuries.
Cline also argued that Smith probably could have avoided the fall altogether.
“Any alleged injury and damages sustained by the plaintiff were worsened by the failure of the plaintiff to act to mitigate such injury and damage,” Cline wrote in an answer to the complaint.
Smith is seeking unspecified damages for the injuries he allegedly incurred in his fall.
