EDWARDS v. ERIE COACH LINES CO.

Nos. 131, 132, 133, 134, 135, 136.

17 N.Y.3d 306 (2011)

952 N.E.2d 1033

929 N.Y.S.2d 41

2011 NY Slip Op 5583

SHEILA ELIZABETH EDWARDS, Individually and as Executrix of RICHARD EDWARDS, Deceased, and as Administratrix of the Estate of BRIAN EDWARDS, Deceased, et al., Appellants, v. ERIE COACH LINES COMPANY et al., Respondents, et al., Defendants. MEAGAN GODWIN et al., Appellants, v. TRENTWAY-WAGAR, INC., et al., Respondents, et al., Defendants. TRACI BUTLER, Appellant, v. STAGECOACH GROUP, PLC, et al., Defendants, and TRENTWAY-WAGAR, INC., et al., Respondents. COURTNEY COWAN et al., Appellants, v. STAGECOACH GROUP, PLC, et al., Respondents, et al., Defendants. LAURALEE DAVIDSON, Appellant, v. COACH USA, INC., et al., Respondents. MICHAEL ROACH, Individually and as Representative of the Estate of CATHERINE ROACH, Deceased, et al., Appellants, v. COACH USA, INC., et al., Respondents.

Court of Appeals of New York.

Decided June 30, 2011.


Attorney(s) appearing for the Case

Seeger Weiss LLP, New York City ( TerriAnne Benedetto and Christopher A. Seeger of counsel), for appellants in the first above-entitled action.

Hiscock & Barclay, LLP, Rochester ( Anthony J. Piazza , Mark T. Whitford Jr. and Joseph A. Wilson of counsel), for Erie Coach Lines Company and others, respondents in the first above-entitled action.

Culley, Marks, Tannenbaum & Pezzulo, LLP, Rochester ( Glenn E. Pezzulo of counsel), for J&J Trucking and others, respondents in the first above-entitled action.

Clark, Gagliardi & Miller, P.C., White Plains ( Lawrence T. D'Aloise, Jr. , of counsel), for appellants in the second, third and fourth above-entitled actions.

Hiscock & Barclay, LLP, Rochester ( Anthony J. Piazza , Mark T. Whitford Jr. and Joseph A. Wilson of counsel), for Trentway-Wager, Inc. and others, respondents in the second, third and fourth above-entitled actions.

Culley, Marks, Tannenbaum & Pezzulo, LLP, Rochester ( Glenn E. Pezzulo of counsel), for J&J Hauling, Inc. and others, respondents in the second, third and fourth above-entitled actions.

Kelly & Leonard, LLP, Ballston Spa ( Mitchell A. Toups and Thomas E. Kelly of counsel), for appellants in the fifth and sixth above-entitled actions.

Hiscock & Barclay, LLP, Rochester ( Anthony J. Piazza and Mark T. Whitford Jr. of counsel), for Coach USA, Inc. and others, respondents in the fifth and sixth above-entitled actions.

Culley, Marks, Tanenbaum & Pezzulo, LLP, Rochester ( Glenn E. Pezzulo of counsel), for J&J Hauling, Inc. and others, respondents in the fifth and sixth above-entitled actions.

Judges GRAFFEO, SMITH, PIGOTT and JONES concur with Judge READ; Judge CIPARICK dissents in part and votes to reverse in a separate opinion in which Chief Judge LIPPMAN concurs.


OPINION OF THE COURT

READ, J.

Near Geneseo, New York on January 19, 2005 a charter bus carrying members of an Ontario women's hockey team plowed into the rear end of a tractor-trailer parked on the shoulder of the highway. Three bus passengers and the tractor-trailer's driver died; several bus passengers were seriously hurt. We are called upon to decide the choice-of-law issue presented by these six lawsuits...

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