Erie County grand jury weighs snowplow truck driver versus pedestrian death

Buffalo City Judge leaves snowplow truck driver ROR after hitting and killing man.

Buffalo, NY (–The Buffalo News reported a pending Erie County grand jury investigation on Thursday. Apparently, a city snowplow driver, Rowan S. Gaines, was charged, by the Buffalo Police Department, with driving under the influence and striking a pedestrian. An Erie County judge heard evidence that while the city worker was driving the snowplow, he hit the walking man on January 23, 2009, which led to his death. The case which is currently under investigation and being compiled by prosecuting attorneys will be presented to the grand jury in a month and the judge allowed Gaines to remain released on his own recognizance (ROR).

According to court documents filed in Erie County, Allen M. Andrew, 42, of East Amherst Street was walking, on Kensington Avenue near Parkridge Avenue about 4:40 p.m., when he was run over by the Buffalo city snowplow driver. Andrew was transported by emergency medical personnel to Erie County Medical Center where he died from his catastrophic injuries he sustained in the collision on January 30, 2009. Gaines was contacted by the police from the Northeast District station 90 minutes after the accident and ordered to drive to the police department. When he arrived he was charged with drunken driving. Gaines remains suspended from his job, but after an administrative hearing last week his pay was reinstated. A wrongful death claim on behalf of Mr. Andrew, in civil court, has not been filed. New York criminal law defense attorneys.

About the Author Justice Seeker

Heather L. Ryan, R.N., C.L.N.C- Heather Ryan is a Certified Legal Nurse Consultant with 15 years of experience in the health care industry. Her expertise in reviewing medical records and assisting lawyers with the determination as to whether legal action should be taken provides an invaluable asset to the newsroom. Medical-malpractice, products liability, personal injury and workers’ compensation are some of the recent areas of litigation Ms. Ryan has focused her efforts on. A member of the Florida Justice Association, Heather maintains a long list of certifications and credentials to support her areas of expertise and stays up-to-date with her clinical knowledge working as an emergency room/trauma nurse, at a Level 1, Adult/Pediatric trauma and teaching institution in South Florida.