Buffalo N.Y.-WGRZ in Buffalo is reporting that the family of a Wayne County man who died after attending a Buffalo Bills Game last November is suing.

Last November , David Gerken, Jr. of Palmyra got drunk at a Bills/Dolphins game and was kicked out of Ralph Wilson Stadium as a result. Gerken was supposed to meet his brother at a bar, but instead, went missing.

A few hours later, he fell into a creek and downed near not far from the stadium.Now, his family has filed their intention to sue the Erie County Sheriff's Department, Orchard Park Police and others clamining they're responsible for Gerken's death.

In paperwork filed in State Supreme Court in Erie County, the family accuses the county of negligence by ejecting Gerken from the game drunk and letting him walk away.