WHEATFIELD, N.Y. (WKBW) — As Governor Kathy Hochul looks ahead to the New Year, she has just under three weeks left, to sign a new law that would change the State's nearly-200 year-old wrongful death laws.
Senate Bill S74A, also known as the "Grieving Families Act" was delivered to the governor's desk on December 28.
Supporters of the Bill said it would level the playing field, for the families of the victims of wrongful deaths by giving families more time to file wrongful death action and allowing close family members to recover compensation.
To watch Gov. Hochul's State of the State Address, click on the video below:
7 News' Pheben Kassahun spoke with a Lockport family who's hopeful the Governor will sign it into law to help people like them, who have experienced tragedy firsthand.
Raelynn's grandmother, Bernadette Smith said,"She was my first granddaughter. Prior to that, I had all grandsons. She made us all so happy, even just by her presence when she was first born."
Two-year-old Raelynn Huber's life was tragically cut short, on May 24.
"She was so very sweet. Loved to hug, loved to sing and dance. You could sing a song like Happy Birthday or You Are My Sunshine and she would start dancing to it. She was really nurturing as odd as it may sound for a two-year-old," she explained. "She would hand you things or almost notice that you needed something or whatever it was or your tissue or your drink or your foot stool she would she would slide over to you. She was a very, sweet caring little girl. Full of energy and full of life."
Smith normally spoke with Raelynn via FaceTime or call, every single day.
On this day in particular, her mother had picked her up from daycare in Wheatfield, and they were driving home to Lockport so she was not able to with her granddaughter yet.
"It was absolutely by far the most traumatic and tragic day in my life, to not only lose my granddaughter but to have to hold my daughter's hand while she's given the worst news of her life," Smith said. "Losing a grandchild is like losing your own child but also seeing your own child in that much pain, and there was nothing I could do to help."
On May 24, Niagara County Sheriff's Office said around 5 p.m. that day, a Honda SUV hit the family's Mitsubishi SUV, causing it to veer off the road and hit a utility pole at Niagara Falls Boulevard and Sy Road.
Raelynn's mom and infant sister were treated and released.
Raelynn died shortly after arriving at the hospital.
The driver of the Honda was not injured.
She added, "Her death is going to help many other people to potentially have safer situations."
Smith is now hoping to help other people through her family's tragedy.
She explained, "I really think the Grieving Families Act would write some historical wrongs within New York State. Those historical wrongs I'm talking about are really, truly an antiquated, discriminatory wrongful death law that right now, without the Grieving Families Act, it impacts the most negatively; little children, elderly people, minorities, anybody who really doesn't make a lot of money or doesn't have people relying on them."
Kassahun reached out to Senator Ortt's office for a comment on this Bill and received this statement:
“The loss of a loved one, especially a young child, is one of the most devastating things that can happen to any parent or guardian. While there is very little that can ever be done to help minimize the trauma that follows, allowing families to seek compensatory damages in cases where wrongful death is proven can be an important part of the grieving process. That is why I co-sponsored and voted in favor of Senate Bill 74A. I hope the Governor understands the importance of this for families. Allowing families the opportunity to exercise this option is just one way we can assist them in overcoming the terrible situation they find themselves in.”
The Governor's office was also asked for comment and was told they are 'reviewing the legislation'.
The Governor has until January 30 to act on it, per the state constitution.
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