Times Union: Grieving Families Act faces second review by Hochul, who vetoed it five months ago

By: Raga Justin

Legislation that would overhaul New York’s wrongful death statute will be sent to Gov. Kathy Hochul’s desk once again, less than six months after she vetoed the measure while citing concerns about the potential effect on high-liability industries.

The Senate passed the Grieving Families Act bill on Tuesday, days after the Assembly passed it. The bill faces a second review by the governor, though it is unclear whether Hochul’s position on the measure has changed. In a stock statement, Hochul’s spokesman John Lindsay said the governor will review any measure that passes both houses.

State Sen. Brad Hoylman-Sigal, a Manhattan Democrat who is carrying the bill, said he’s had informal discussions with members of Hochul’s staff and is optimistic it has a “better chance than ever” of passage. Sponsors have retooled the bill text since it was re-introduced earlier this year in an attempt to address concerns from Hochul and industry groups about the potential economic implications.

But those attempts have not placated opponents, who continue to balk at what they view as a potential Pandora’s box that would pave the way for higher insurance costs for residents and professionals who work in litigious industries like health care. Municipal governments have also come out against the bill.

There have also been disputes over a fiscal impact study. Hoylman-Sigal points to other states that have similar allowances for family members to recover for grief and anguish versus solely the earning potential of a deceased loved one. The current statute has drawn criticism, with proponents of the change saying the original system is rooted in archaic valuations of people’s livelihoods, as well as undervaluing those who were younger, older or in less profitable roles before they died.

The senator has characterized the request for a cost analysis as a “delay tactic” and said there is sufficient evidence from other states that have not seen the kind of economic consequences as a result of the changes.

Opponents disagree. Tom Stebbins, executive director of the Lawsuit Reform Alliance, said there are still outstanding worries about the lack of guardrails on how much someone can recover from a wrongful death. Though most other states have a provision allowing family members to recover economic damages as compensation for emotional pain, those damages are typically capped, Stebbins said.

But the New York measure does not have any caps on noneconomic damages.

“This bill is in fact far more expansive than what any other state has,” Stebbins said.

The amended version scales down the statute of limitations on wrongful death claims and limits the types of damages allowed when recovering for emotional loss as well as financial harm. It also tightens the definition of who is eligible to recover damages, limiting eligibility to those who have a legal relationship with the person who died and domestic partners.

Kevin Cushing, who lost his son Patrick Cushing in the 2018 Schoharie limo crash, said the amended bill as it stands won’t materially change outcomes for families who are already involved in drawn-out legal battles for incidents that occurred years ago.

He also urged legislators to keep in mind that families like his are doubly affected when there are last-minute changes to bills that could have a significant impact in the wake of a tragedy.

“We don’t want to wait until the last moment to find out that there’s huge issues with the bill as presented,” Cushing said. “We would like to see more open and honest communication through the whole process … for families that have suffered terrible tragedies.”