BUFFALO N.Y. (WKBW) — Governor Kathy Hochul has a busy few weeks ahead of her as 2022 winds down. According to the New York State Senate website, she has 91 bills passed this year by New York State lawmakers on her desk to sign. Some of which expire at the end of the year.
One of the bills passed by both houses of the state legislature would change the way families of the victims of wrongful deaths are compensated for their losses. The bill is called the "grieving families act." It would give the victims' families the ability to recover compensation for their emotional anguish. It's a bill that has the backing of families like the Barnes familyand the families of the victims of flight 3407.
According to the Hochul's office, the bill hasn't made it to her desk yet.
"We were a mess for a while," Family of Elly, victim of flight 3407, parents Marilyn and John Kausner said.
Nearly 14 years after flight 3407 crashed in Western New York. Elly was one of the 50 people who died in the flight.
"She was just a delight to us. We were so excited she was coming home to visit," Marilyn said.
"The life of the party when she would walk through the door," John shared.
In a case of wrongful death in New York State, like Elly's, the Kausner family says the state needs to modernize and there is no price value anyone can put on the loss of their daughter.
"In New York a persons life is valued at what renumeration you might receive from them through the course of their life," Marilyn said.
"There's a numerical value we're willing to give you. We don't recognize your grief. we don't recognize your despair. We don't recognize your emotional loss," John said.
The Kausner family shared they want to see change.
"Its painful having someone slap an insignificant dollar amount on your loved one's life," Marilyn said.
They said the first steps in the right direction were the federal aviation laws increasing pilot training and now the grieving families act. Both the Kausners and the family of attorney Stephen Barnes, who died in a small plane crash almost two years ago, are pushing Governor Hochul to sign the bill.
It would immediately give families more time to file wrongful death action and allow close family members to recover compensation.
But as they continue pushing for change, the Kausner family also taking time to remember and celebrate Elly's life.
"Today is her birthday. She would have been 38 years old today," Marilyn said.
The Kausner's shared they would have a lot to say to her if she was here today.
"Honey we did good. We did good because we grieved we suffered," John shared. "But we put it together, rebuild and we're better now even then we were before we miss you honey and welcome home."
The family stated they not only want this act signed for themselves but for those who have been through similar situations. They share that they have high hopes it will be signed soon.
