This year, the state Legislature has once again approved the Grieving Families Act, a significant amendment to the state’s longstanding wrongful-death law. The amendment aims to consider emotional grief as a valid factor, rather than focusing solely on financial loss.
Despite feeling a sense of joy at the measure’s passage with strong bipartisan support, it’s difficult not to experience a haunting feeling of déjà vu. Last year, a similar sense of happiness followed the legislation’s approval in both houses, only to be shattered by Governor Kathy Hochul’s decision to veto the bill.
Now, along with many other grieving family members who have tragically lost their loved ones due to preventable incidents, I am anxiously awaiting Governor Hochul’s decision. I hope that she will not veto this crucial amendment once again and finally acknowledge the immense grief we have endured because of the carelessness and negligence of others.
My son Patrick was among the victims of a devastating limousine crash that claimed the lives of 19 individuals. The Schoharie limousine crash, which occurred five years ago, remains the deadliest roadway disaster in the United States in over a decade. Not a day goes by when I don’t think about Patrick, the life he could have had, and the promising career he was starting to build in the New York state Senate, where he was highly regarded.
Patrick, along with the 16 other passengers in the limousine, the driver, and two unfortunate bystanders, lost their lives because of the sheer negligence of the limousine operators. They allowed an unsafe vehicle to hit the road without any consideration for the risks it posed. What was meant to be a joyous outing celebrating a friend’s birthday at a local brewery turned into a horrifying nightmare.
Unfortunately, due to New York’s outdated wrongful-death law, our loss remains unrecognized. Since Patrick was an independent adult and not financially supporting anyone other than himself, we are unable to seek justice under the current law. It fails to account for the immeasurable grief we have experienced and instead only allows family members who directly benefitted from the victim’s finances to pursue damages, a deeply flawed and problematic approach.
The devastating impact of the Schoharie limousine crash extends far beyond the victims themselves, affecting their parents, children, friends, and numerous others. Yet, under New York’s wrongful death law, none of us have had the opportunity to seek justice.
It is important to note that this issue goes beyond financial compensation. No amount of money can ever replace what has been taken from us and other families on that fateful day. However, to be told that the overwhelming grief and suffering we have endured hold no value beyond Patrick’s projected earnings is a profound dismissal of his life.
We implore Governor Hochul to sign A6698/S6636 into law today, providing justice to us and countless others who have tragically said goodbye to their loved ones sooner than anticipated.
Kevin Cushing, a resident of Amsterdam, passionately advocates for this cause.
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