Times Union: Hochul still mulling Grieving Families Act, supported by Schoharie crash families

By: Raga Justin

A bill seeking to overhaul and modernize the state's compensation policies in cases of wrongful death is in limbo, with negotiations moving slowly after the bill landed on Gov. Kathy Hochul's desk during the holiday week, lawmakers said Monday.  

Hailed by some groups as a vital reform to the wrongful death statute, the 'Grieving Families Act' would affect scores of New Yorkers whose loved ones die in sudden, accidental cases. Proponents say it would modernize how damages are awarded after wrongful deaths, compensating families for emotional anguish, not just the earning potential of the deceased family member. It would also extend the two-year statute of limitations to bring a wrongful death lawsuit by 18 months, as well as broaden the traditional definition of family members eligible to recover damages. 

The bill was sent to Hochul last week, the New York Law Journal reported. She now has less than a month to make a decision on the bill; if she does not make a decision, it counts as a veto.

"We had an assurance that there was there were going to be good faith negotiations on the bill. Frankly, that has not yet happened," said state Sen. Brad Hoylman, a Manhattan Democrat who co-sponsored the bill. Hoylman cited limited discussions and low engagement by the executive office.

Hoylman said there have been amendments made to the bill, though they are now waiting for a response to those changes. He didn't comment on what the amendments entail.

"I hope that this is a priority for this governor," Hoylman said, adding, "It's like a chess match, and one of the players has left the board." 

Hochul's office is reviewing the legislation, spokeswoman Hazel Crampton-Hays said in a statement.

The measure has garnered fierce opposition from insurance, business and trade associations, which cautioned that reforms would bring an accompanying spike in medical insurance and liability premiums by expanding the kinds of damages that are recoverable. An oft-cited analysis by the Seattle-based actuarial firm Milliman posits that expanding damages awarded based on grief and loss would increase general and auto liability insurance premiums by over 11 percent, or an estimated $2.14 billion, for residents and businesses. 

"You're talking about paying a lot more people a lot more money and obviously, that's going to cost a lot more," said Tom Stebbins, the director of the Lawsuit Reform Alliance.

Stebbins said though other states allow family members to be compensated for their emotional grief, other states also place caps on the amount of  damages awarded. New York does not cap damages, opening a metaphorical can of worms should Hochul push the bill through, he said. 

A flurry of lobbying efforts have taken some families championing the bill by surprise, including some who lost members in the Schoharie limo crash, a 2018 Capital Region tragedy that claimed the lives of 20 people. A Times Union review of lobbying records from the past year showed that more than 35 interest groups have spent time at the state Capitol with Hochul in the past year. 

Kevin Cushing, the father of limo-crash victim Patrick Cushing, has been advocating for the bill's passage for years now, along with families who have experienced the untimely death of members in cases as varied as medical malpractice to workplace accidents. 

"The mood has been somewhat somber," Cushing said of conversations with other families. "We've thought that this would be a relatively easy sign for the governor. It just seems like such a shame if this opportunity is lost."