Wrong-way driver's husband sues state, others over crash

The husband whose wife killed herself and seven others in a horrific wrong-way crash on the Taconic State Parkway is suing the state, claiming poor highway upkeep and signage are solely to blame.

Toxicology reports released days after the July 26, 2009, collision determined Diane Schuler of Long Island, N.Y., was drunk and high when she crashed her minivan into an SUV occupied by three men.

But her husband, Daniel Schuler, contends it was the state's "negligence, carelessness and recklessness" in its design and maintenance of the highway that "solely" caused fatal injuries to his daughter, Erin, 2.

His lawsuit, filed Monday in the New York Court of Claims, is on behalf of the estate of Erin and his son, Bryan, 5, the sole survivor.

In a separate lawsuit, Dean and Angela Tallarico, who suffered minor injuries in the crash, sued the estate of wife Diane Schuler on Friday in state Supreme Court, arguing that she bears the responsibility.

Schuler claims that the state "negligently allowed" unsafe conditions; "failed to properly mark and/or delineate the appropriate lanes"; and failed to put up proper warning signs such as flashing arrows, barriers and cones. The lawsuit seeks unspecified monetary damages for financial and emotional hardship, noting Bryan Schuler is disabled after the crash.

Also killed were the three occupants of the SUV: Michael Bastardi Sr., Guy Bastardi and Daniel Longo of Yonkers.

Michael Bastardi Jr., who lost his father and brother in the crash, said Tuesday that Daniel Schuler is blaming "everything and everyone except his wife."

"He's just avoiding the true reasons on why this all happened," the younger Bastardi said. "It's pathetic and it's an insult to all of us."

Daniel Schuler's attorney, Kevin Grennan, did not respond to requests for comment Tuesday.

The New York Post reported Tuesday that Daniel Schuler also filed a separate lawsuit last week in state Supreme Court against Warren Hance, whose daughters Emma, 8, Alyson, 7, and Kate, 5, were killed. That case argues that because Hance owned the minivan that Diane Schuler was driving, he is in part liable, according to the Post.

The Journal News could not independently confirm the Post report Tuesday.

Kevin Conklin, a Mamaroneck lawyer representing the Bastardi estate, declined to comment on the possible lawsuit against Hance.

In the Tallaricos' lawsuit, attorney Steven Grant said Tuesday that the Freehold, N.Y., couple still suffers from "physical and obviously psychological injuries" two years after the crash.

Grant declined to specify the type of injuries his clients received, saying only that they "pale in comparison to the real tragedy of the day," referring to those who were killed.

In late 2009, Michael Bastardi Jr.'s sister Roseann Guzzo filed a wrongful-death lawsuit against Schuler's estate and Hance. Depositions still have not been taken.

Last month, Longo's brother, Joseph, also sued, not just Schuler's estate and Hance, but also Guzzo, alleging that Guy Bastardi bore some of the responsibility for the crash. Guzzo's lawyer, John Kelly, recently told The Journal News he wouldn't expect anyone to prove negligence on Bastardi's part.

"You can't blame the driver of a car that's hit by someone driving the wrong way," Kelly said.

"The signs aren't the problem on the highway. It's the people who drink and drive," Guzzo said.

A spokesman with the state Department of Transportation did not return a phone call regarding Schuler's claim.