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Defense files response to civil lawsuit from family of Schoharie limo crash victim

March 05, 2019 09:40 AM

A response has been filed in relation to a civil lawsuit against Prestige Limousine owner and operator Shahed and Nauman Hussain. It’s in relation to the Schoharie limousine crash that happened last October.

The civil suit was filed by the family of Amanda Rivenburg. She, along with 19 others will killed in the lime crash last October. The suit does not mention any specific monetary amount her family is seeking in the suit. It alleges the Hussains were aware the limo failed inspections, had significant and serious defects and it was dangerous to place on the roadways.

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In the defense’s response to the suit, they deny many of the claims and give other reasons on how Rivenburg’s death could have been caused.

One claim is “that upon information and belief the injuries and damages of the property described in the plaintiffs’ complaint were caused without the negligence of these defendants contributing thereto in any manner, and was the result of an Act of God for which this defendant was and is not responsible.”

They also said “any and all risks, hazards, defects and dangers alleged are of an open, obvious and apparent nature and were known or should have been known to the plaintiffs herein, and the plaintiffs willingly and voluntarily assumed all such risks, hazards, defects and dangers.

On the final page of the response, the defense writes “upon information and believe, the plaintiffs’ injuries, if any, were increased or caused by the plaintiffs’ failure to use and wear seat belts at the time of the occurrence and, under the applicable laws, plaintiffs may not recover for those injuries, which they would not otherwise have sustained if they had been properly using and wearing a seat belt.”

An attorney with the law firm representing the Rivenburg family said this was a very “boilerplate” response, however they said this is such a tragic incident they’re surprised they responded with this.

New York State Police and the National Transportation Safety Board have yet to release and exact cause of the crash.

Credits

Emily De Vito

Copyright 2019 WNYT-TV LLC, a Hubbard Broadcasting Company. All rights reserved

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