Nat'l Cont'l Ins. Co. v. Abdymadiyeva

387 F. Supp. 3d 245
CourtDistrict Court, E.D. New York
DecidedJune 27, 2017
DocketCV 15-5157 (GRB)
StatusPublished
Cited by1 cases

This text of 387 F. Supp. 3d 245 (Nat'l Cont'l Ins. Co. v. Abdymadiyeva) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Nat'l Cont'l Ins. Co. v. Abdymadiyeva, 387 F. Supp. 3d 245 (E.D.N.Y. 2017).

Opinion

GARY R. BROWN, United States Magistrate Judge:

On September 21, 2014, a group of vacationers, including many visitors from foreign countries travelling with friends and family members, departed Washington, D.C., eventually intending to return to the New York area. Suddenly and unexpectedly, tragedy struck, as the tour bus on which they were travelling overturned while exiting the off ramp to U.S. Route 13 in New Castle County, Delaware.

In that instant, as the vehicle became a twisted tangle of metal, passengers were thrown about the lumbering transport. Two women, seated in seats 32 and 33, found themselves propelled along the length of the bus, slamming into wreckage near the driver's seat. Several passengers, impelled through glass windows, fared even worse, including at least one woman who was crushed as the bus rolled over her. In all, the accident claimed at least 40 victims, all claimants in this interpleader action. Among the victims, there were three fatalities. Many others were severely injured, some disabled, and every victim suffered severe trauma, sustaining injury to themselves and witnessing the death and mutilation of their friends, family and fellow travelers. According to press reports, the driver was charged and convicted of operating the bus in a hazardous manner.

The tour bus, owned by AM USA Express Inc., and operated by one of its employees, carried a total of $5 million in liability coverage insurance ("the Fund"). This $5 million, while a substantial sum, proves insufficient to fully compensate the victims for their losses.

Charged with the responsibility of determining the fair, equitable and just distribution of the Fund, the Court reviewed the claim reports and medical records and met with most of the claimants over several days. Many claimants appeared in person, several appeared by telephone, letter or pre-recorded video, and several claims were handled through attorney proffer. The hearing, conducted in several languages, vividly detailed the injuries incurred by the claimants.

During the proceedings, amid the descriptions of the grief and loss, there was evidence of selflessness, courage and spirit.

*248The records contain accounts of individuals who, though injured, endeavored to aid their family members and fellow travelers in the minutes following the accident. There were descriptions of heroic efforts by first responders, medical personnel and doctors, without whom this tragedy would have resulted, undoubtedly, in even greater loss. Local church groups organized volunteer families in the vicinity to provide shelter to the injured in their homes for months, while the victims continued medical treatments and recovered sufficiently to return home. One claimant from Australia, who spent months in the United States receiving medical care because her injuries prevented her from travelling home, noted:

Living in the [volunteers' homes] with other bus victims, we all helped each other and relied on volunteers to take us to medical appointments and shopping for food ....

DE 150-2. Even today, two and a half years after the accident, several victims remain so preoccupied with the suffering of their loved ones that they were nearly incapable of describing their own injuries. The claimants demonstrated notable courage and resilience in grappling with their injuries, caring for their families, and getting on with the difficult process of healing and moving forward.

The discussion below concerns several legal and evidentiary issues relating to specific claimants and groups of claims. Following thereafter is a chart with the specific findings and awards as to each of the claimants.

The Wrongful Death Cases/Choice of Law

Three women died as a result of injuries sustained in the crash: Idil Bashi, 30, a resident of Turkey; Hua Yu Chen, 54, a resident of New York; and Jyotsna Poojari, 43, a resident of India. Ms. Bashi died in the hospital after approximately seven hours and several surgeries. There is substantial evidence demonstrating that she was alert and conscious during much of this period. Ms. Poojari, after repeated surgical intervention, lingered for 11 days. There was evidence that she remained conscious for at least part of this period and was, at least at times, suffering extreme pain.

Ms. Chen was pronounced dead at the scene of the crash, though not until nearly two and a half hours after the accident. There is no evidence concerning whether or not she survived the crash for any period. Inferentially, however, based upon varying descriptions of heroic rescue efforts-which included airlifting seriously ill patients from the scene-it seems unlikely that Ms. Chen survived the impact. In fact, documents submitted-including details of the injuries sustained and the near immediate identification of a single fatality from the accident-give rise to an inference that Ms. Chen was, most likely, killed instantly. See generally DE 124.

Survivors of all three of these victims appeared at the hearing. Ms. Bashi's husband, himself a victim of the accident, sustained relatively minor physical injuries. However, having borne witness to his wife's death over the course of hours, he was devastated by the accident. See, e.g. , Tr. at 46 ("[E]veryone lost something ... I lost everything.").1 Ms. Chen's husband, son and daughter-in-law (the latter two being residents of Delaware) appeared before me to describe the significant loss they have suffered. None were directly involved in the accident nor witnessed any *249portion of it. Finally, Mr. Poojari appeared, describing how he travelled from Africa, where he was working, to remain at his wife's bedside during her final days. All of these survivors sustained grievous loss.

Choice of Law

The first question, briefed by several parties, is the question of choice of law. The principal question here is whether to apply the law of New York, which represents, at a minimum, the domicile of the defendants as well as the point of departure and return for the bus tour. None of the decedents resided in Delaware. Ms. Chen, who resided in New York, intended to visit her son and daughter-in-law, both Delaware residents, but neither is a claimant herein. Ms. Bashi and Ms. Poojari both resided abroad.

The primary "conflict" between the laws of these two states is the amount of compensation that may be awarded to survivors of decedents. The New York State legislature has long limited the survivors to pecuniary damages; intangibles, such as mental anguish and grief, are not subject to recovery. N.Y. Est. Powers & Trusts § 5-4.3 ("[D]amages awarded to the plaintiff may be ... fair and just compensation for the pecuniary injuries resulting from the decedent's death to the persons for whose benefit the action is brought."); Tilley v. Hudson River R.R. Co. , 24 N.Y. 471, 476 (1862) ("[T]he word pecuniary was used in distinction to those injuries to the affections and sentiments which arise from the death of relatives, and which, though most painful and grievous to be borne, cannot be measured or recompensed by money.

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Bluebook (online)
387 F. Supp. 3d 245, Counsel Stack Legal Research, https://law.counselstack.com/opinion/natl-contl-ins-co-v-abdymadiyeva-nyed-2017.