Buffalo, NY(WBEN) Attorneys for families of the Tops shooting victims are calling on Governor Hochul to reverse course and sign the Grieving Victims Act, which would expand the scope of damages in the case of a wrongful death.
Attorney Terry Connors represents a number of the victims who say they've been devalued all their lives. "Our current wrongful death legislation devalues them even more," says Connors. Connors says the new legislation should be a priority for Hochul.
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Nationally-known civil rights attorney Ben Crump agrees and commented on the legislation while in Buffalo for the sentencing of the Tops shooter this week. "We need action ... so these families don't feel their loved ones were executed in vain," says Crump. He says there needs to be legislation to match the pain. "Thoughts and prayers only go so far," urges Crump.
Attorney John Elmore also represents a number of victims' families and was outspoken on the issue on sentencing day this week. "New York State as a wrongful death statute that is ancient. New York and Alabama are the only states in the union that do not allow lawyers to present to a jury grief when filing a wrongful death suit. I cannot imagine the pain and suffering that these families have undergone, and they're not going to be compensated for the pain and suffering that they feel individually every day because our Governor failed to sign this law that was passed by both houses of the Legislature," laments Elmore. "That has been on her desk for a long time. It does not make sense that in wrongful deaths suits that only economic damages, unconscious pain and suffering for the person that dies are the only things that a jury is going to consider."
"Think about somebody that was at the Top shooting that is, maybe, 80-years-old or plus that wasn't working, that doesn't have any children that they support, there's no medical bills so there's no economic loss, and because they were shot and killed almost instantly, there's no conscious pain and suffering. But the suffering that the families feel is nothing that they can be compensated for. Our Governor failed to sign that legislation, which the people of this state, across the state through their Assemblymen and through their State Senators, asked them to pass," adds Elmore.
Jack O'Donnell of O'Donnell and Associates says the law was passed last year with support from both parties in both chambers of the legislature. "And then nothing happened from June till December when we understand there was some negotiations between the supporters and the opponents, the legislators and the executive," explains O'Donnell. He says in this new legislative session, expect that to be reintroduced by the sponsors. He says he'll watch it throughout the session, "but it's it's a ways away from becoming law," he says.
O'Donnell says the obstacles in the way of Hochul's signature depend on your point of view. "The result of that would be higher damages, higher awards for plaintiffs. So, not surprising that advocates and their families would be for the bill as strongly pushed by the New York State Trial Lawyers and in Albany, but strongly opposed by hospitals and insurance companies who say this is going to lead to increase in cost increase in insurance premiums," notes O'Donnell. He says that would lead to cost increases to consumers.
O'Donnell says there were some serious talks about the bill being tweaked possibly about specific caps on damages. "The bill also extends the statute of limitations and maybe lowering that and putting some other other level levels in place, but there was no agreement," adds O'Donnell.
He expects a further conversation before a vote to send the bill to Hochul's desk again.