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E2019-1057
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/17/2019
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Plaintiffs,
Index No.
Defendants.
through their attorneys, The Wolford Law Firm LLP, set forth the following as and
for their Complaint against Defendants Shahed Hussain d/b/a Prestige Limousine
& Chauffeur Service, Nauman Hussain, the Estate of Scott T. Lisiñicchia, Mavis
Discount Tire, Inc., The Apple Barrel Country Store and John Does 1-10:
THE PARTIES
Decedent, and was and is a resident of the County of Cayuga, State of New York.
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Court, Jaclyn Schnurr was issued Letters of Administration for the Estate of Brian
G. Hough.
limousine leasing and rental business with a principal place of business located at
owner of, and doing business as, Prestige Limousine & Chauffeur Service
registered carrier with the Federal Motor Carrier Safety Administration and had a
8. At all relevant times, Defendant Nauman Hussain is and was the son
New York.
10. Defendant Shahed Hussain owned and operated a certain 2001 Ford
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hire."
vehicle "for
over the hiring, retention, and/or trainiñÿ of limousine drivers, and over the
Prestige Limousine.
agent of Prestige Limousine, and was hired and/or retained by Defendant Nauman
14. Upon information and belief, Scott T. Lisiñicchia was the driver of the
16. Upon information and belief, Defendant Mavis Discount Tire, Inc.
doing business in the State of New York with a principal place of business located
at 145 South Broadway in Saratoga Springs, New York, and routinely performed
maiñteñance and repairs on the limousines owned and/or operated by the Hussain
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Barrel") is located at 115 NY-30A, Schoharie, New York and is the owner of the
18. Upon information and belief, Defendants John Does 1 through 10 are
individuals, corporate entities and/or State and/or municipal entities, whose names
and addresses of residences are unknown and who may be responsible, in part,
for causing or contributing to cause the subject accident herein by their action(s)
and/or inaction(s) and/or breach of duty owed to Decedent, Jaclyn Schnurr and the
general public.
FACTUAL ALLEGATIONS
THE ACCIDENT
the limousine and its driver, Scott T. Lisinicchia, on October 6, 2018, from
Amsterdam, New York, and left the city by heading south on State Route 30.
46 years old at the time, was standing in the parking lot of Apple Barrel with his
wife, Jaclyn Schnurr, and his wife's father, James J. Schnurr, where Decedent had
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24. Upon information and belief, Scott T. Lisinicchia may have been
under the influence of marijuana at the time that he drove the limousine southwest
25. Upon information and belief, as the limousine neared the bottom of
the hill, the limousine accelerated in speed and the driver of the limousine began
26. At the bottom of the hill, the limousine, which was out of control, ran
through the stop sign located at the intersection of State Routes 30 and 30A.
27. Upon information and belief, the limousine was traveling at an unsafe
speed when it passed through the stop sign and crossed over Route 30A.
28. After crossing over Route 30A, the limousine then crossed the lawn
29. Upon information and belief, at the time the limousine entered Apple
Barrel's property and parking lot, it was out of control and traveling at an unsafe
speed.
30. Upon information and belief, Apple Barrel had not erected any
barriers, bellards or any other means of preventing a vehicle that was traveling too
fast, and out of control, as was the limousine on that date, to prevent vehicles from
driving over the grass into the parking lot from State Route 30.
31. Upon information and belief, Apple Barrel had not posted any
signage informing its patrons that they should not park in the section of the parking
lot located at the bottom of the hill where State Routes 30 and 30A meet.
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32. After entering Apple Barrel's parking lot, the limousine crashed into
33. Upon impact from the limousine, Jaclyn Schnurr's vehicle then struck
Decedent, and Jaclyn Schnurr's father, James J. Schnurr, killing both of them.
34. Upon information and belief, after striking Jaclyn Schnurr's vehicle
and killing Decedent, the limousine continued traveling out of control and
eventually crashed into a ravine, killing the driver, Scott T. Lisinicchia, and every
35. Jaclyn Schnurr was just a couple of feet away from her husband and
her father at the time they were struck and killed by the parked vehicle and she
feared for her own life and personal safety, and suffers from extreme emotional
distress as a result.
result of witnessing the sudden and gruesome deaths of her husband, Decedent,
and her father, James J. Schnurr, when they were struck and killed by the
limousine.
37. Upon information and belief, the Hussain Defendants failed to apply
for Operating Authority from the New York State Department of Transportation
(hereinafter referred to as "DOT") despite having been informed by DOT that they
had to obtain such authority given that the limousine carried ten or more
passengers.
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38. Upon information and belief, if the Hussain Defendants had properly
applied for Operating Authority, the limousine would have undergone a rigorous
Defendants were able to avoid the rigorous DOT inspection and instead only
underwent the less stringent inspection required by the New York State
40. Upon information and belief, prior to the accident the limousine had
been inspected by DOT on multiple occasions, and had failed those inspections.
41. Upon information and belief, in June 2017, a DOT Inspector saw the
limousine at Mavis and knew that, given its size, it should be not inspected by
Mavis.
42. Upon information and belief, following up in March, 2018, the DOT
Inspector visited a location where the limousine was parked, inspected it and
issued violations for, among other things, having more than 25% of brakes
defective and operating a motor coach or other passenger carrier vehicle with
Service"
placed an "Out of sticker on the vehicle.
43. Upon information and belief, the Hussain Defendants and/or their
agents were aware that the limousine was modified to expand the capacity of the
limousine to transport up to eighteen (18) people, when it had only been certified
to carry no more than ten (10) passengers, including the driver of the limousine.
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44. Upon information and belief, in August, 2018, after being pulled over
by a New York State Trooper, Scott T. Lisinicchia was issued a citation for
operating the limousine without the proper license and because the limousine was
45. Upon information and belief, the limousine was also inspected by
DOT in September, 2018, and once again failed inspection for, among other
46. Upon information and belief, there was evidence at that time that the
limousine had been driven over one thousand miles since the citation was issued
47. Upon information and belief, between March 2018 and September
2018, DOT found at least 22 violations during inspections of the limousine and
ordered that the limousine be taken out of service until the safety violations,
inspections, the Hussain Defendants were informed that the limousine was illegal
to drive on public roads until the defects leading to the failed inspections were
49. Upon information belief, Mavis had been hired by the Hussain
limousine.
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50. Upon information and belief, DOT had ordered the limousine be
"unserviceable."
51. Upon information and belief, the Hussain Defendants and/or their
"unserviceable"
agents removed the sticker from the windshield before dispatching
52. Upon information and belief, Mavis illegally inspected the limousine
limousine to a far less rigorous inspection than should have been conducted. Upon
information and belief, Mavis was aware that the vehicle required an inspection
pursuant to 17 NYCRR 720 because one could easily observe from looking at the
the requisite training and certification to inspect a vehicle that had a passenger
were not adequately inspected and repaired to ensure that the limousine was in a
safe condition to carry the 18 occupants that it was carrying on the day of the
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and repair the brakes contributed to the accident and the deaths that occurred on
October 6, 2018.
55. Upon information and belief, Mavis issued a DMV sticker for the
limousine, despite the existence at the time of the inspection of numerous defects
57. Upon information and belief, Mavis inspected and repaired the
limousine on numerous occasions including, but not limited to: July, 2016, January
12, 2018, May 11, 2018, June 8 and 9, 2018, and most recently July 28, 2018,
approximately two months prior to the accident. Mavis's negligent inspection and
58. Prior to October 6, 2018, there were other car accidents that
occurred in Apple Barrel's parking lot as a result of a vehicle passing through the
59. These accidents, which occurred in 2012 and 2014, were caused
when vehicles traveling down State Route 30 went through the stop sign located at
State Route 30A as a result of their breaks being unable to slow them down
quickly enough.
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60. Upon information and belief, the vehicles in each of these accidents
was out of control as a result of their drive down the steep hill on Route 30.
61. Upon information and belief, each of the vehicles were able to enter
Apple Barrel's parking lot (and building area) as a result of there being an
inadequate barricade to prevent these out of control vehicles from entering Apple
62. Upon information and belief, Apple Barrel did not have any signage
posted informing its patrons not to park in the area of the parking lot where cars
63. Upon information and belief, Apple Barrel did not in any way block off
the section of the parking lot where cars had previously plowed through to prevent
64. Plaintiffs repeat and reallege each of the allegations set forth in
maintenance, repair and/or control of the limousine for use by the general public,
including a duty to Decedent and Jaclyn Schnurr to ensure that the limousine
66. The Hussain Defendants had actual and/or constructive notice that
the limousine was not properly licensed, had failed inspections, had significant and
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serious defects, that the vehicle was both illegal and dangerous if placed on public
roadways without proper repairs and/or maintenance, and that the driver of the
67. Scott T. Lisinicchia was aware that he was not properly licensed to
drive the limousine, and upon information and belief, had notice that the limousine
was not properly licensed, had failed inspections and had significant and serious
defects, rendering it illegal and dangerous to drive on the day of the accident.
limousine, and further breached their duty to Decedent and Jaclyn Schnurr by
knowingly placing and driving a limousine on public roadways, which was not
properly licensed, had failed inspections and had significant and serious defects,
all without performing the legally required and necessary repairs and/or
maintenance.
69. The Hussain Defendants and Scott T. Lisinicchia are responsible for
the acts and omissions of Scott T. Lisinicchia who failed to maintain control of the
limousine which caused and/or contributed to the accident by failing to prevent the
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"serious"
injury as that term is defined in Subdivision (d) of Section 5102 of the
individuals under their control, without any negligence contributing thereto on the
part of Decedent.
73. Upon information and belief, as a result of the October 6, 2018 crash
Decedent experienced pre-impact terror, pain and suffering prior to his death.
their conscious disregard for the health and safety of the public, Plaintiffs demand
76. By reason of the facts stated above, Plaintiffs have been damaged in
a sum of money which exceeds the jurisdictional limits of all lower courts that
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77. Plaintiffs repeat and reallege each of the allegations set forth in
with its ownership, maintenance and/or control of its premises and parking lot for
use by the general public, including a duty to Decedent and Jaclyn Schnurr to
ensure that the parking lot of Apple Barrel was not dangerous to its customers and
to the public.
79. Apple Barrel had actual and/or constructive notice that vehicles had
previously gone through the stop sign at the bottom of the hill at the intersection of
State Routes 30 and 30A at a high rate of speed and crossed into Apple Barrel's
parking lot.
80. Apple Barrel was aware that vehicles had previously entered its
parking lot traveling in an out of control manner, and at a speed that was
dangerous to customers and vehicles that were located in the parking lot.
ballards, or some other safety device to prevent vehicles from entering the parking
lot in an out of control manner, failing to post any signage informing its patrons not
to park in the area of the parking lot directly across from the intersection of State
Routes 30 and 30A and failing to block off that portion of the parking lot to prevent
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physical, mental and emotional injuries and harm, including conscious pain and
suffering.
"serious"
injury as that term is defined in Subdivision (d) of Section 5102 of the
Barrel, its agents, employees, or other individuals under its control, without any
85. Upon information and belief, as a result of the October 6, 2018 crash
Decedent experienced pre-impact terror, pain and suffering prior to his death.
knowingly allowing a dangerous and defective condition to persist in its parking lot,
87. By reason of the facts stated above, Plaintiffs have been damaged in
a sum of money which exceeds the jurisdictional limits of all lower courts that
88. Plaintiffs repeat and reallege each of the allegations set forth in
89. Mavis has a duty to exercise reasonable care in connection with its
inspection, maintenance and repair of the vehicles it services for use by the
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general pub!ic, including a duty to Decedent, to ensure that the limousine would
90. Mavis did not have the authority to inspect an 18 passenger common
carrier vehicle nor did it have any employee with the necessary qualifications to
92. Mavis negligently failed to observe open and obvious defects of the
93. Upon information and belief, Mavis created the dangerous condition
or had actual and/or constructive notice that it was illegally inspecting the
limousine in May, 2018, and failed to properly inspect and repair the limousine on
numerous other occasions, that the limousine had significant and serious defects
and that the limousine was both illegal and dangerous if placed on the public
maintenance, and/or repair of the limousine, and further breached its duty to
properly licensed, had not been properly inspected, had failed inspections, and
had significant and serious defects, all without performing the legally required and
mental, and emotional injuries and harm, including conscious pain and suffering.
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"serious"
injury as that term is defined in Subdivision (d) of Section 5102 of the
were proximately caused by the negligence and/or gross negligence of Mavis, its
agents, employees, or other individuals under its control, without any negligence
crash, Decedent experienced pre-impact terror, pain and suffering prior to his
death.
and defective vehicle on public roadways, Mavis acted with reckless indifference
indifference exemplified by Mavis, and its conscious disregard for the health and
damages.
101. By reason of the facts stated above, Plaintiffs have been damaged in
a sum of money which exceeds the jurisdictional limits of all lower courts that
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102. Plaintiffs repeat and reallege each of the a!!egations set forth in
104. At the time of his death, Decedent left his surviving family, kin and
heirs at law for whose benefit this claim is connected, including his wife and young
son.
105. Prior to his death, Decedent was a healthy 46-year-old man who
attended to and was able to perform his usual personal and employment duties,
his family, and by virtue of his wrongful death, his family was deprived of his
expenses in connection with funeral, burial, and related arrangements, and will
Jaclyn Schnurr and her son, have been damaged in a sum of money which
exceeds the jurisdictional limits of all lower courts that would otherwise have
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108. Plaintiffs repeat and reallege each of the allegations set forth in
resulting from the trauma caused by witnessing the death of Decedent and her
father on October 6, 2018, as well as from the fear of impending death resulting in
conscious pain and suffering, discomfort, disability, mental and emotional suffering
Defendants'
and medical expenses caused by negligence, gross negligence,
distress from witnessing the death of Decedent (her husband) and father, who
were standing just a couple of feet from her before being violently struck by the
sum of money which exceeds the jurisdictional limits of all lower courts that would
follows:
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the jurisdictional limits of all lower courts that would otherwise have
b) On the fourth cause of action for wrongful death, in a sum of money that
exceeds the jurisdictional limits of all lower courts that would otherwise
c) On the fifth cause of action for extreme emotional distress, that was
limits of all lower courts that would otherwise have jurisdiction of this matter;
Defendants'
d) Punitive and exemplary damages by reason of wanton,
f) And such other and further relief as this Court deems just and proper.
J/ JÊ. -
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