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.

Justice Served Again In Case Involving Death of Geneseo Student

     There was another guilty plea in Livingston County Court this week in the drinking death of SUNY Geneseo student Armen Partamian.  Daniel Welch of Erie County plead guilty to Unlawful Dealing With A Child, a misdemeanor, for which he will pay a fine and perform three weekends of community service in the County jail program.
     The original charges against Welch and two other Geneseo students, Criminally Negligent Homicide and Hazing, would have been extremely difficult for the District Attorney to prove.  While some argue that Welch and the others should not have been charged at all because of this accident, as Partamian voluntarily chose to becomehighly intoxicated, I disagree.  Providing alcohol to your friends when you know they are A.) already highly intoxicated, and B.) intent on drinking until they pass out, is reckless and dangerous and no different than providing them a loaded gun with which to play Russian roullette.
     Was justice served?  Yes, assuming the message is getting through that the type of irresponsible behavoir that Partamian, Welch and the others engaged in will not be tolerated.
     The next step?  Civil actions against the  college and the greek organizations on campus for the wrongful death of Partamian, with a claim by the injury lawyer invovled for punitive damages for knowlingly tolerating this type of behavoir in the past.   Maybe then serious action will be undertaken to stop this recklessness.