Bus Crash Verdict Not the Last Word

Crash That Involved Canadien Women's Hockey Team Still Unresolved

Canadien hockey team accident case moves forward

The injury case arising from the January, 2005 bus accident that occured on Route 390 in Geneseo, Livingston County, is moving forward.  In that  case, a bus travellling in the southbound lane veered right onto the shoulder, striking a tractor trailer that had pulled over so that the driver of the tractor could walk his dog.  Three people on the bus were killed, as was the driver of the tractor.  Nineteen others were injured.  There are numerous plaintiffs, both from Canada and the U.S.

In Livingston County Supreme Court this week, the Canadien plaintiffs and the defendant bus company, defendant tractor company, and defendant trailer company agreed to allocate fault 90% to the bus company and 10% to the tractor and trailer companies.  I suspect that the other (non-Canadien) plaintiffs will similalrly agree to the allocation of fault/liability, thereby setting the table for the trial to proceed on the damages to be awarded to each plaintiff.

Interestingly, on the issue of damages, the Canadien plaintiffs are limited under Canadien law to a specific dollar amount of money, while those plaintiffs proceeding under New York law will, on the wrongful death aspect of the case, be awarded an unlimited amount based upon the evidence of the financial loss occassioned the decedant's death.