As reported by Aman Ali of the Journal News on December 9, 2009, family members of Michael and Guy Bastardi, have commenced a civil lawsuit stemming from the horrific Westchester County car accident on the Taconic that killed eight in the eary afternoon of July 26, 2009. A report of the Westchester County Medical Examiner indicates that Diane Schuler, the driver of the vehicle traveling the wrong way, was drunk and high on marijuana at the time of the crash.
Interestingly, the Summons & Complaint filed on behalf of the Bastardis alleges that they did not die instantly from the crash, but instead experienced significant pain and suffering prior to their respective deaths. The exact amount of time they claim to have survived has not been established. This fact will be crucial is assigning a value to this case because wrongful death damages in New York are limited.
The lawsuit also names Warren Hance, the owner of the van Mrs. Schuler was driving on the day in question.