Ithaca, N.Y. — The truck driver and trucking company involved in the Simeon’s crash have argued that they did not cause the injuries claimed by a waiter who was hospitalized in the June 20 crash.
Martin Waisbrot was working at Simeon’s when a tractor-trailer barreled into the restaurant, killing a young pregnant bartender and sending several others to the hospital.
Waisbrot brought one lawsuit of two that have been filed against the truck’s driver — Viacheslav Grychanyi, 37, of Spokane — and truck company Quality Relocation Services. (The other lawsuit was filed by the Cornell Barber Shop, which suffered significant damage in the crash and has remained closed.)
Waisbrot was thrown into tables and lost consciousness in the crash. He said in court documents that Grychanyi and Quality Relocation Services were “wanton, reckless and malicious” in their “conscious indifference and utter disregard” for the health of others.
Grychanyi and Quality Relocation Services responded to the lawsuit in an “answer” filed several months ago. The documents have not been publicly filed in Tompkins County Court. They were provided to The Voice by Waisbrot’s attorney, Peter Littman, on Tuesday.
In the answer, the lawyer representing Grychanyi and Quality Relocation Services says that any injuries Waisbrot sustained were caused by someone “other than” the truck driver and trucking company.
“The injuries and damages, if any, allegedly sustained by the plaintiffs … as alleged in the verified complaint were caused by third parties other than the answering defendants, QUALITY RELOCATION SERVICES, INC. and VIACHESLAV V. GRYCHANYI,” the records state.
“…and by reason of the foregoing, the verified complaint should be dismissed as to these answering defendants.”
Arguments in defense of Grychanyi, Quality Relocation Services
The lawyer for Grychanyi and Quality Relocation Services is named Susan A. Eberle; she is a partner of the Buffalo-based Tarantino Law Firm.
In the answer, Eberle makes several other points on behalf of Grychanyi and Quality Relocation Services:
1 — Health insurance
Eberle suggests that some of Waisbrot’s injuries stem from the waiter’s “failure to mitigate damages, including but not limited to failure to obtain health insurance under the federal ‘Patient Protection and Affordable Care Act.’”
2 — Lawyer: No “serious injury” under NY insurance law
The attorney also argues that Waisbrot did not sustain “serious injury” under section 5102(d) of the Insurance Law of NY.
Here’s a portion of the relevant statute:
“Serious injury” means a personal injury which results in death; dismemberment; significant disfigurement; a fracture; loss of a fetus; permanent loss of use of a body organ, member, function or system; permanent consequential limitation of use of a body organ or member … ; or a medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person’s usual and customary daily activities”
In earlier court documents, Waisbrot had identified suffering several injuries.
These included “a severe laceration to the top of his head, requiring hospital treatment and medical treatment with stapes” and “a sudden and severe traumatic blow to his entire body, which caused him to be thrown about the interior of the restaurant and to lose consciousness … and causing him to suffer a severe concussion.”
What’s the status of the suit?
Police have not announced the results of their investigation into Grychanyi. So far, the truck driver has been given two tickets — one, for having an over-length vehicle, and the other for having defective brakes.
As for the civil lawsuits, Waisbrot’s attorney said his client’s case in the “discovery” phase in which both sides are looking to gather more evidence to use for a possible trial.
Voice background on Simeon’s crash & fall-out
Editorial: The U.S. Senate just made the next Simeon’s crash more likely – Safety experts warn that the measures are likely to hurt Americans across the country. Ithaca Voice
Trucking firm in Simeon’s crash has lost its operating authority from feds – The company that owns the truck that crashed into Simeon’s on the Commons in June has lost its authority to operate across state lines, according to federal documents. The Ithaca Voice
Titus Gallery, shuttered and splintered in Simeon’s crash, reopens with eye to the future – After nearly two months of restoration, the Titus Gallery is reopening its doors. The Ithaca Voice
What if truck safety in Ithaca is simply impossible? Scrutinizing 8 decades of evidence – “Water runs down hills … and so do vehicles and trucks if they lose their brakes.” The Ithaca Voice
Owners want to rebuild structure that houses Simeon’s – The owners of the building housing Simeon’s on the Commons intend to restore the structure, and the owners of Simeon’s intend to reopen their popular restaurant in the same location. The Ithaca Voice
History of accidents at Commons raises questions about Ithaca intersection – Past traffic accidents at the intersection of North Aurora Street and East State Street both suggest the possibility of future incidents and raise the question of what can be done to prevent them. The Ithaca Voice
Could better signs have helped? Official looks at similar Ithaca roads after Simeon’s tragedy – Former Ithaca Mayor Carolyn Peterson wonders if road signage for trucks ought to be prominent among the questions discussed after the crash. The Ithaca Voice
As life resumes in downtown Ithaca, a city registers its shock — and asks questions – In some ways, life in downtown Ithaca went on as usual Saturday morning. The Ithaca Voice