SHOHARIE – On September 2, the families of 20 people killed in the 2018 limousine accident in Schoharie sat in a gym in the rural village, letting out their anger at Nauman Hussain, the limo company prosecutor responsible for the terrible tragedy was held responsible.
They were furious about an agreement that saved Hussain jail sentences and about the limited information Schoharie County District Attorney Susan Mallery had shared about the events that led to the death of her loved ones in a ditch in a country store parking lot.
But after the criminal case is closed, the families and attorneys believe that a pending civil case will give them a better understanding of why the rattlesnake limousine was on the move in the first place.
Hussain, 31, pleaded guilty to 20 deaths by negligence but received only suspended sentence; his sentence also includes 1,000 hours of community service. His court appearance was moved from the Schoharie County Courthouse to the local school gymnasium to accommodate a crowd of relatives and friends of the dead.
Although they were dissatisfied with the verdict or Mallery’s fear of not being able to try Hussain in court, they were largely silent because the prosecutor insisted that the plea agreement would free Hussain from testifying in the various civil suits the families brought filed against Hussain. his family and Mavis Discount Tire wondering about the maintenance of the 2001 stretch Ford Tour that was involved in the accident.
The families hope that the civil trials will bring them something beyond a possible financial price: the full truth about the crash that they hoped to hear in the criminal trial that never took place.
“Personally, I hope the civil suit brings to light all the facts and factors that led to the accident,” Kevin Cushing, father of the victim Patrick Cushing, told the Times Union. “The criminal (case) offered really little or no satisfaction other than the accused’s admission of guilt, for which he basically suffers no consequences.”
But civil proceedings are facing a roadblock – albeit with a temporary delay.
The Long Island insurance company that covered Hussain’s small limo company liability insurance has ceased operations. The state liquidates the company’s assets.
The Hussains bought a $ 500,000 policy from Global Liberty Insurance Co. The company paid out the proceeds of the policy in October, just days after the state acquired Global Liberty. Each of the victims’ estates will receive approximately $ 24,000 after taking into account the insurer’s court-approved legal expenses.
But because of the liquidation process, a state judge ordered the suspension of all litigation related to Global Liberty, which is paid to defend the Hussains in civil proceedings.
Freezing will likely result in a month-long delay. Lawyers on both sides are preparing to move forward with the investigation, the process of gathering evidence for the trial.
The judge’s decision also prompted the families’ lawyers to postpone a proposed dismissal of Nauman Hussain, which was originally expected in early December.
Tom Mortati, who represents the estate of victim Savannah Devonne Bursese, says he and other lawyers involved in the case are seeking a court order to reopen the investigation before the current 180 day order allows.
Until then, families will have to wait for the search for the truth to resume.
And when it starts again, it won’t get any easier for the families. At the Hussain hearing in September, several spoke about the physical and mental breakdowns they have suffered since the crash. Some spoke of prolonged depression and severe anxiety.
In such personal injury cases, plaintiffs are the first to testify in the testimony that makes up a large part of the trial record. That means reliving the nightmares.
“It’s really heartbreaking stuff,” said Mortati.
While Nauman Hussain and his father Shahed are charged in the case, Nauman Hussain’s uncle Malik Riaz Hussain, one of Pakistan’s most successful real estate tycoons, is also accused. The other defendant is Mavis.
The dealer’s possible role in the tragedy may have led Mallery to believe that she can no longer be certain of winning a conviction.
Interviews conducted by Mallery’s office with a former Mavis manager revealed that employees had forged bills for maintenance work on the 18-seat, 31-foot excursion. Mavis also awarded the excursion a Department of Motor Vehicles inspection sticker, a violation of state regulations that require sedans of this size to undergo state-regulated bus inspections.
On the day of the crash – October 6, 2018 – a group of 17 friends and family, mainly from the Amsterdam area, had booked the excursion for a mobile birthday party in Cooperstown.
When the limo was traveling down a steep stretch of Route 30, which is prohibited from commercial trucks, it suffered a “catastrophic” brake failure, which investigators believe.
At the bottom of the hill was the T-shaped junction with Route 30A and across the street was the Apple Barrel Country Store & Cafe, a popular restaurant and gift shop that was busy on a warm autumn Saturday afternoon.
After reaching speeds of over 160 km / h, the Excursion flew past a stop sign and over the intersection and collided with a Toyota SUV parked there by a Cayuga County family. They were in town for a wedding and had just finished lunch.
As they walked back to the Toyota, a mother and child watched in horror as her husband and father were instantly killed by the SUV that blew up after the sedan hit.
The sedan was still traveling at about 80 mph and crashed into the side of a creek bed, causing the rear end of the excursion to crash violently and crash into the ditch.
All occupants, including the driver, died of serious injuries. Witnesses who rushed to the victims’ aid described the scene as eerily quiet. The sedan did not have seat belts that passengers could use.
The victims’ families were busy strengthening state and local limo safety laws to save lives and honor their loved ones.
They helped push new state limo regulations enacted under the Cuomo administration, and President Joe Biden recently signed new federal limo regulations that were part of the $ 1 trillion infrastructure package.
You will also have a voice on a new limousine safety task force recently put together by Governor Kathy Hochul.
Kevin Cushing is a member of the 11-person task force that is expected to meet after the New Year.
Also on the committee is Ron Barton, a retired State Department of Transportation inspector, who was very critical of government oversight of the Hussains and their limo operations and sparked an investigation by the State Inspector General.
Cushing says the task force should also take a close look at the state limo laws that were enacted after the crash – especially now that the National Transportation Safety Board released its report on the crash and put forward country-specific policy ideas to strengthen limo supervision in the Country. DOT has rejected some of the NTSB’s recommendations.
“In my opinion, it only makes sense to reconsider the new limo safety legislation, if only to see if this legislation really meets the safety needs of limousine passengers,” Cushing told the Times Union. “We need to assess whether the new laws are being enforced and, if not, ask why and then address these issues.”