Family of child killed in Delaware Park considering lawsuits against state, city

BUFFALO, N.Y. (WIVB) – The family of Makysm Sugorovskiy told News 4 that they are looking into filing possible civil lawsuits against New York State and the city of Buffalo in the 3-year-old child’s death.

Makysm was killed on May 30 when a car traveling on the 198 went off the road and into Delaware Park, striking the young boy and his 5 year-old sister while they strolled the park with their mother.

Mark Cantor, and injury attorney, is the grand-uncle of the Sugorovskiy children.

“We want to access whose responsibility that is,” said Cantor, referring to no protective guard rail at the time of the accident. “There’s probably going to be litigation.”

New steel box-beam guide rails are now being installed alongside the roadway near where the accident happened. Installation should be completed along stretches of the 198 by Friday, according to Susan Surdej, Regional Public Information Officer for the New York State Department of Transportation.

Surdej said the guide rails that had been previously installed, long before the accident, were to protect the big green signs over the Scajaquada Expressway. The signs require large support foundations that could be dangerous to drivers, should they veer off the highway.

However, just a few hundred feet away, joggers and others who use the park had not received the same kind of protection.

Makysm’s sister Stephanie, who has been in the hospital since the accident, suffered a head injury and two broken legs. Her parents, Mary and Wally, are hopeful their daughter will be able to lead a normal life.

Mark Cantor said she is able to say words, including her name, “mommy and daddy,” and the names of other relatives.

Stephanie Sugorovskiy was told for the first time late Tuesday, that her brother Makysm lost his life in the Delaware Park accident.

Stephanie says she susspected her brother did not survive the accident.

When told, she said, “that’s what I thought,” according to Cantor who had just visited the child at Womens and Childrens Hospital.

Stephanie remembers “falling down” before everything went blank.

Stephanie will be transported by ambulance to Children’s Hospital in Pittsburgh Monday where she will be receiving therapy six days a week. Cantor says the doctors there are optimistic about her chances of recovery.

He said it is too early to determine if her recovery will be one hundred percent. The family is hoping she will be able to lead a normal life.

The Lancaster Ambulance Corps will transport the child to Pittsburgh at no cost. Cantor says the family is grateful.

“I think that’s helped, frankly. People showing their love and support,” he said. provides commenting to allow for constructive discussion on the stories we cover. In order to comment here, you acknowledge you have read and agreed to our Terms of Service. Commenters who violate these terms, including use of vulgar language or racial slurs, will be banned. Please be respectful of the opinions of others. If you see an inappropriate comment, please flag it for our moderators to review. Note: Comments containing links are not allowed.

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