Thanks,
@alibrarian, for the articles. We have seen some of them before, but the timeline in one article made me realize again how carelessly and blindly the limo company acted when the violations were listed and charged. It also showed how the gov't offices failed to follow up to make sure the infractions were corrected.
The State of NY has a Wrongful Death provision, and if I were a family member of one of the victims, I would be getting an attorney and going after the limo company right now.
Any type of payment by the limo company required by a WD conviction would probably be way beneath what it should be, IMO, because I can't imagine that the company had a lot of assets, but I would pursue it anyway, just to make sure they could never have another limo company.
And I hope all of the victims' family members would also bring WD lawsuits as well. This limo company must not do any more business in NY or anywhere, IMO.
Here's a bit about NY Wrongful Death law -- the article itself has good info about WD suits. This law does have a fairly typical 2-year statute of limitations.
-----------------------------------------------
Defining a "Wrongful Death" in New York
New York Estates, Powers, and Trusts Code Part 4 requires proof of five elements to establish a claim for wrongful death:
- a death,
- caused by the wrongful conduct of the defendant,
- giving rise to a cause of action the deceased could have pursued in court if death had not occurred
- survival by one or more persons who have suffered a loss as the result of the death, and
- damages the estate can recover.
-----------------------------------------------
Wrongful Death Lawsuits in New York
