The attorneys who obtained a $2.25 million verdict from a Livingston County jury on behalf of three victims of the Jan. 29, 2005 Windsor Wildcats bus accident have been granted leave by the Appellate Division 4th Department to appeal the case to the New York Court of Appeals.
The issue of whether these Canadian victims’ damages will be limited by a $326,000 cap specified in Canadian law will be decided by the state’s highest court.
“We feel this is a very significant development and continue to be optimistic that New York law will be applied to the case,” said Marc Albert of the Buffalo firm Seeger Weiss LLP, which is representing 11 of the accident victims.
The issue is a critical one because the value of the vast majority of the victims’ claims far exceeds the Canadian cap on damages, Albert advised.
“We firmly believe that New York law – not Canadian – applies here,” Albert continued. “Not only did the accident take place in New York, but it involved commercial vehicles owned by defendant companies who were regularly using New York roadways for profit.”
“Application of a $326,000 Canadian cap to victims who sustained crippling orthopedic injuries, brain damage or death is incomprehensible,” stated Albert’s partner Moshe Horn. “This is especially so, given that the Court has already determined that New York law and un-capped damages will be applied to the claims of the truck driver, who has been held to be partially at fault for the accident. We’re very pleased that the Appellate Division has allowed us to appeal this issue to the Court of Appeals.”
The three victims so far awarded 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.
Eight more cases represented by Seeger Weiss await trial, including Sheila Edwards, who lost her husband Richard and son Brian in the accident.
The family of the fourth 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.
The three cases heard so far are by no means the worst injuries suffered.
Among those other victims, one girl has suffered coma and brain trauma and three others have permanent disabilities after suffering massive orthopedic injuries requiring multiple surgeries. Another victim suffered compartment syndrome and has permanent disability.
