KNOX—An Albany County family has been awarded nearly $2.5 million in a wrongful death suit filed against the state after a bicycle accident at Thompson’s Lake Campground.

The family’s lawyer, Christine M. Galvin, of the Gordon, Siegel Law Firm in Latham, said the family told her not to reveal their names, but, according to court documents, the claimants are Kevin J. Phelan and his children. The Phelans did not want to comment, Galvin said.

Court documents describe events this way: in August of 2001, the Phelans were camping at Thomspon’s Lake State Campground in Knox. Mr. Phelan’s wife, Nancy, 46, was riding bikes with her 11-year-old son on a camp road near the beach when she lost control, going down a hill, and fell off, fatally hitting her head on the pavement. Her son witnessed the accident.

Mr. Phelan sued the state for negligence on behalf of himself and his two children. In addition to the older son, the Phelans have a daughter who was nine at the time of the accident.

Galvin argued that the accident was due to a two-foot sinkhole in the road caused by an improperly installed culvert. The park staff knew about the sinkhole, Galvin said, but made no effort to repair it.
"The thing that was so tragic here is that the park manager testified that he was well aware of the hole," Galvin told The Enterprise. Park manager Christopher Fallon told the court he had seen the hole for at least two years, Galvin said. "There was no proof of any plans to repair it," she said.

In her decision for the New York State Court of Claims, Judge Judith A. Hard agreed with Galvin.
"[The state] had knowledge of the depression...since defendant created it (during a previous repair) and yet failed to remedy it," Hard wrote. "The Court determines that the depression was not open and obvious and claimant...did not assume the risk of encountering this type of unwarned hazard."

Mrs. Phelan’s speed was not excessive, Galvin said.
"Speed was not a factor," she said.

Mrs. Phelan was not wearing a helmet, Galvin said. New York law does not require people over 14 to wear helmets when bicycling.

The court awarded the Phelans $2,437,122.
"We feel that justice has been done with that amount," Galvin said.

All of the money is for the children’s loss. Since Mrs. Phelan’s death was instantaneous, the family was given nothing for her suffering.

The money does include funds for loss of parental nurturing, lost financial support, and loss of household services. In addition, Hard awarded the son who witnessed the accident $25,000 for emotional distress.

The Phelans were also awarded $7,122.17 for medical and funeral costs.

At the time of her death, Galvin said, Mrs. Phelan was studying restaurant and hotel management and planned to open a bakery.

Fallon, the park manager, declined comment. The New York State Attorney General’s Office, which defended the state in the case, also declined comment, as did a spokesperson for the New York State Department of Parks and Recreation.