Is the third time a charm for expanding wrongful death law?

BUFFALO, N.Y. — The New York State Legislature will send the governor a third version of a bill to expand the state’s wrongful death law, including allowing for emotional damages.

Attorney Terry Connors said he hoped she would sign it this time.

“There have been some adjustments consistent with criticisms made by the governor’s office. The question is whether those adjustments will be able to satisfy the governor’s objections,” Connors said.

The most significant revision this year involves narrowing the definition of family members eligible for compensation. However, it did not include changes recommended by the opposition like the Lawsuit Reform Alliance, including limiting its scope to deceased minors and exempting hospitals and medical professionals from liability.

“Actuaries estimate that this would increase medical liability insurance costs by 40 percent, and the legislature’s changes to the bill have no impact on that analysis,” said alliance executive director Tom Stebbins.

Connors, who represents the families of victims of the May 2022 Buffalo Tops massacre, said those issues appear to remain the biggest points of contention. He said other states that have expanded their wrongful death laws have not limited them to the extent proposed by their opponents.

“If you talk about the Tops market business, it’s mostly about elderly people who were massacred on May 14. It would certainly affect their case too, but more importantly, it’s a matter of fundamental fairness. It doesn’t It’s not really about whose case it affects. It’s about bringing us into this century,” Connors said.

Again, almost all lawmakers voted in favor of the bill. Connors said he has been involved in discussions about a compromise and those discussions are continuing. However, he said momentum could be built for lawmakers to exercise their power and override the governor’s veto with a two-thirds majority of votes.

“The question is whether there is enough progress or whether elected officials become individually frustrated and then turn to what they call the nuclear option, which overrides the veto,” Connors said.

The state’s Trial Lawyers Association supported legislation requiring insurers to publicly produce data explaining why the law would increase premiums. Connors said it’s an example of the compromise advocates are pushing for.

The Tops families’ lawsuits against numerous parties, including social media platforms, survived the first round of motions to dismiss and are currently in the discovery phase. The attorney said appeals processes are slowing progress, but they are working on their own compromise to try to speed up the case.

If the bill is signed in its current form, it would be retroactive and allow a jury to award emotional damage to families.