Wrongful Death. Loss of Parental Guidance. Insurance Coverage. Ride Shares and Limousines

Creedon & Gill has been handling a case where a limousine rear ended a ride share vehicle in Westchester. Our client, a promising young man riding in the back of the ride share vehicle, was killed. His girlfriend, who was carrying his child, was injured. Luckily she did not lose the child. The driver of the limo was convicted of vehicular homicide. There are a lot of moving parts involved with a wrongful death case which takes into consideration what the courts call a “non familial, in utero child” Awards for loss of parental guidance, loss of inheritance and loss of economic support are all elements of damages available to a  a child in her situation. There were even more moving parts put into play when the limousine company’s insurance carrier disclaimed, taking the position that their limo drivers own insurance policy was all that could be recovered against. Given the number of people killed and injured in this accident, that insurance was not enough. On Wednesday, October 23rd, 2024 the Hon. J. Lubell in Westchester County took a step towards rectifying that injustice by ruling the limousine driver was not an independent contractor of the limousine company, but that an employer/employee relationship existed between the two. With that stroke of the pen J. Lubell added both the limousine company’s insurance coverage and their excess coverage into the mix, creating a situation where adequate compensation is available to those who lived and those who died.The post Wrongful Death. Loss of Parental Guidance. Insurance Coverage. Ride Shares and Limousines first appeared on Creedon & Gill P.C..