Suit Filed in Wrong-Way Crash That Killed 8 on Taconic

Relatives of a Westchester father and son killed in a wrong-way crash on the Taconic State Parkway in July that left eight people dead filed a lawsuit on Thursday against the estate of the driver at fault, Diane Schuler.
Michael Bastardi, his son Guy and a family friend, Daniel Longo, were killed in the wreck, along with Ms. Schuler, her 2-year-old daughter and three young nieces. A toxicology report showed Ms. Schuler had the equivalent of 10 shots of liquor in her blood and was high on marijuana. She was shuttling the children home to Long Island after a weekend camping trip on July 26 when she turned onto an exit ramp of the narrow highway, beginning a 1.7-mile drive through oncoming traffic. A shattered vodka bottle was later found in the minivan she was driving.

The lawsuit, filed by the Bastardi family in State Supreme Court in Westchester, seeks unspecified damages for what it called “wanton, willful and reckless” conduct by Ms. Schuler. Mr. Bastardi and his son, who were 81 and 49, respectively, suffered “pre-impact terror, mental anguish and serious personal injuries” before they died, according to the lawsuit.

Speaking in the windy plaza outside the courthouse, Roseann Guzzo, Michael Bastardi’s daughter, said she hoped the publicity surrounding the case would make drinkers think twice before getting behind the wheel.

“We were at the graves of Michael, Guy and Dan this past Saturday, decorating blankets for their graves instead of decorating a Christmas tree with them,” Ms. Guzzo said. “Maybe awareness of this case will stop someone else from being killed this holiday season.”

Ms. Schuler’s brother-in-law, Warren Hance, whose three daughters were killed, is also named in the suit, because Ms. Schuler was driving his vehicle. Lawyers for the Bastardis said they were required by state law to include the owner of the vehicle in the lawsuit.

Ms. Schuler’s husband, Daniel Schuler, was not named in the lawsuit. But Irving Anolik, a lawyer for the Bastardis, said his investigators were still trying to determine whether anyone else could be held liable.

After a three-week investigation, the Westchester district attorney, Janet DiFiore, announced in August that she would not file criminal charges in the case, because the only person who could have been found liable was Diane Schuler.

Daniel Schuler and other family members have repeatedly expressed shock and disbelief about Ms. Schuler’s blood-alcohol level at the time of her death, painting a portrait of an attentive and responsible working mother. Dominic A. Barbara, a lawyer for Mr. Schuler, said he was not surprised that the Bastardi family chose to file suit.

“The fact that they did not name Daniel Schuler as a defendant is further proof that, of course, he’s not responsible criminally or civilly,” he said.

The Schulers’ 5-year-old son, Bryan, was the only survivor of the crash and is still recovering.