Michael Johnson/Livingston County News
Rescue personnel work at the scene of the 2005 bus-tractor trailer accident near Geneseo that claimed four lives and injured 19 people. The bus carrying a Canadian girls travel hockey squad was on its way to a ski center when it struck the truck.
In the first of what likely will be several damages trials arising from the Jan. 29, 2005 tractor trailer-motor coach collision in Geneseo, a $2.25 million jury verdict has been handed down for three of the injured accident victims.
The horrendous collision left three motor coach occupants and a truck driver dead and 18 motor coach occupants injured.
However, the victims may end up seeing only a fraction of the amounts awarded by the Livingston County jury. Prior to the damages trial the defendant trucking and motor coach companies had secured a ruling in New York State Supreme Court that the damages should be subject to the Canadian law which caps individual awards for pain and suffering and sets an absolute award amount at $326,000 — or less if the injury is deemed less than catastrophic.
That decision, by Justice Thomas Van Strydonck, would subtract $1.3 million or more off the amount awarded by the Livingston County jury.
VanStrydonck’s decision is being appealed by the plaintiffs, who are scheduled to make arguments in the Appellate Division, Fourth Department, of State Court on April 7.
“We don’t see how Canadian law should apply to a motor vehicle accident in New York,” said plaintiffs’ attorney Marc Albert. “We are confident that New York law applies and we think we will prevail.”
“This will be a test to determine which law — the New York or Canadian — is adhered to,” Albert continued. “A lot of different factors play into it including the location of the accident and the parties involved.”
“In this case you have [Canadian] plaintiffs on a Canadian bus hitting a Pennsylvania tractor trailer. The coach company is a common carrier that makes millions upon millions of dollars availing themselves of New York roadways, constantly bringing charters in — then saying they want to not be held to the responsibilities of New York law.”
But last week’s awards and future awards certainly can be impacted by an unfavorable decision of the Appellate court, Albert admitted. In the Livingston County case, the defendants are not being required to submit post trial motions until the decision of the Appellate court is returned.
Albert and Moshe Horn, who tried the plaintiffs’ case, are members of the New York firm Seeger Weiss LLP.
Glenn Pezzullo, representing the trucking company, noted that the Livingston County Jury was not informed of the possibility that its award may be reduced under Canadian law.
Coach Canada is the Canadian affiliate of Coach USA, whose corporate offices are in Erie, Pa.
Damages awarded
Receiving compensation were Windsor Wildcat hockey players Carly Labadie and Tory Gault, both mid-20s, and assistant coach Jason Mailloux, 35. In addition to orthopedic injuries sustained, all three were diagnosed with post-traumatic stress disorder.
After four hours of deliberation on March 8, a six-person jury awarded Labadie $1 million; Mailloux $750,000; and Gault $500,000. Respective components for past and future suffering were $500,000, $375,000 and $250,000.
Horn commented, “This probably has been the most painful testimony I’ve seen in my 16-year career as a trial lawyer. The verdict demonstrates how seriously the jury was moved by their experiences of having witnessed the deaths of their close friends and teammates.”
“While these courageous young women and man were fortunate to have survived the crash, their lives haven’t been the same since,” said Albert. “We’re grateful that the jury recognized the tremendous physical and emotional trauma that they’ve suffered, but they will forever live with the torment brought upon them by the defendants’ unconscionable conduct.”
During last week’s trial, several of the Windsor Wildcat members were in the courtroom, lending support to their teammates. Among them was goalie Erin Roach, who lost her mother in the accident.
Shared liability
The liability phase of the case (separate from the damages cases) took place last June. The plaintiffs’ counsel maintained that the coach driver was sleep-deprived while also negligently trained and supervised by the motor coach company.
A trial to determine liability was aborted just as coach driver Ryan Comfort was about to take the stand. Coach Canada and the tractor-trailer defendant, J&J Hauling, reached an agreement among themselves to assume legal responsibility in the amount of 90 percent for the motor coach company and 10 percent for the trucking company.
A terrible Saturday
The accident occurred on Saturday, Jan. 29, 2005, in the southbound lane below the Groveland Road Interstate 390 overpass in the Town of Geneseo. A total of four persons died and 18 were injured.
A tractor trailer driven by Ernest Zeiset, 43, of Womelsdorf, Pa. had pulled off the highway so that his two dogs could relieve themselves. The trailer was struck at the rear by a Coach Canada motor coach driven by Ryan Comfort, 24, of Peterbough, Ontario, Canada.
Comfort had drifted onto the shoulder allegedly because of drowsiness. He was an inexperienced driver, having worked for the company for only a month. At the time of the 4 p.m. accident, Comfort had been driving continuously for eight of the past 12.5 hours, having been allowed a four hour break in Rochester.
Investigations brought to light that Comfort may have been doing other work before driving the coach. Comfort himself told investigators that his coach felt like it had struck something in the highway, forcing it to the left, into the parked trailer.
Upon impact, the rear axle set of the trailer separated and the left wall of the trailer penetrated the passenger compartment of the motor coach. When the vehicles came to rest 300 feet beyond the overpass and down the embankment of the highway, the motor coach had been impaled by the trailer for two-thirds of its length, along the line of right side passenger seats.
The passengers were members, family and coaches of the Windsor Wildcats girls hockey team who were on their way to a ski outing at Swain.
Zeiset, who was standing outside, in front of the trailer cab, was crushed to death when the vehicles passed over him. Of the 21 persons occupying the bus, none escaped unscathed. Three bus occupants died: Coach Richard Edwards, 46 and his son Brian Edwards, 13, of Lasalle, Ontario and Catherine Roach, 50, of Windsor, mother of a player. All of the other 18 occupants were injured to some degree.
Comfort suffered a knee injury. He later faced only minor penalties, paying a small fine in Geneseo Town Court after pleading guilty to moving and logbook violations.
Zeiset’s passengers — his wife and two dogs — did not suffer serious injury.
‘Very heavy cases on the horizon’
The attorneys indicated that eight more separate cases still await trial on damages. Their firm, Seeger Weiss LLP, represents 11 of the parties who suffered injury or death in the accident, including Sheila Edwards, the wife of Richard and Brian Edwards.
The family of the other deceased victim, Cathy Roach, is being represented by Connecticut attorney Ed Jazlowiecki. Also represented by Jazlowiecki is player Jessica Newton, who has settled her case out-of-court for an amount less than the $326,000 Canadian cap.
Albert asserted that the cases resolved so far are by no means the worst injuries suffered; that “some very heavy injury and death cases are on the horizon.”
He suggested that the opposite side has every reason to be concerned in view of the large sums already awarded.
“It remains to be seen whether they’ll be any discussions concerning settlement,” Albert added.
Albert further stated that a contemporary/2005 account which cited four severe injuries among the coach passengers was low.
“I would certainly say that more than four were severely injured,” he submitted. “Obviously, there were different levels of injury, but one girl suffered coma and brain trauma, three others have permanent disabilities after suffering massive orthopedic injuries requiring multiple surgeries, and another victim suffered compartment syndrome and has permanent disability.”
The physical injuries tried last week were below these levels, Albert reported. Furthermore, he claims, others besides the three tried last week suffered devastating emotional injuries.
