LACKAWANNA, N.Y. — The images from the former Bethlehem Steel engulfed in flames are etched in the memories of many Western New Yorkers.
Now, nearly 8 years after the fire, a trial is expected to start in Erie County Supreme Court.
A lawsuit was filed back in November 2019 by Dina and Michael Bardsley. They lived downwind from the fire in Lackawanna and allege, among other things, that the building owner and company occupying the plant at the time were negligent.
They also cite numerous health impacts in their complaint.
They're suing Great Lakes Industrial Development, the building owner, and Industrial Material Recycling, the company occupying part of the old steel plant at the time of the fire.
According to court documents, the two companies are connected through a web of LLC's to a parent organization..
There have been substantial delays in the case, and it nearly went to trial in June 2023. However, the judge presiding over the case was not appointed for a new term by Governor Hochul and after concerns by Jeanne Vinal, attorney for the Bardsley's, the case was adjourned and reassigned.
Earlier this week, attorney's for Great Lakes Industrial Development and Industrial Material Recycling asked the court to preclude "plaintiffs from offering evidence of any alleged spoliation related to items collected and listed in the Buffalo Fire Department Inventory Report."
In June, attorney's for the plaintiff filed a motion asking the judge to allow testimony and evidence from former Bethlehem Steel employees that indicate fire prevention measures were available on site. Judge Edward Pace denied that motion on June 28.
2 On Your Side reached out to attorney's for the plaintiffs and defense, but neither side was available for an interview.
A jury trial is expected to begin on October 2.
Related Video: