Bastardi Family To Sue In Diane Schuler Taconic Car Crash [UPDATE]

UPDATE 8/5, 4:33pm: The lawyer for the family of Michael and Guy Bastardi, two of the three victims in the car struck by Diane Schuler on the Taconic State Parkway, says they are set to file a civil suit against Schuler's kin.

Newsday reports:

The case has a "a strong fragrance of criminality" and anyone who was aware of her condition and allowed her to drive could "possibly be an accomplice," said Irving Anolik, a Nanuet attorney representing the family of Guy and Michael Bastardi.

"It's hard for me to believe that the family did not know that this woman had an alcohol problem or a drug problem."

Meanwhile Warren and Jackie Hance, parents of three of the children killed in the crash, released a statement today insisting that they were unaware of Schuler's possible problem with alcohol:

This is the absolute last thing that we ever would have expected... We would never knowingly allow our daughters to travel with someone who might jeopardize their safety.

***

UPDATE: The deadly Taconic State Parkway car crash has been ruled a homicide according to investigators.

Not only was Schuler drunk and high while driving, but she still had alcohol in her stomach when she was killed. A 1.75-liter bottle of Absolut vodka was also found at the scene.

In light of the recent revelations, members of the Bastardi family were planning on meeting with the Westchester County District Attorney's Office today.

*** Original Story: 1010 WINS is reporting that Diane Schuler, the woman who drove nearly two miles in the wrong direction on the Taconic State Parkway before killing herself and seven others in a head-on collision, "had a blood alcohol level of more than twice the legal limit and marijuana in her system."

Schuler had told her brother that she wasn't feeling well in the time leading up to the crash. After driving the wrong-way for 1.7 miles, Schuler collided "with the northbound SUV driven by Guy Bastardi, 49, of Yonkers."

Schuler, her 2-year-old daughter Erin and Hance's three children - Emma, 9; Alison, 7; and Kate, 5 - were killed. Schuler's son, Brian, 5, was hospitalized at Westchester Medical Center.

...Bastardi was [also] killed, as was his father Michael, an 81-year-old Korean War veteran, and family friend Daniel Longo, 74, also of Yonkers.

Services for Schuler and her family were held last Thursday.

Comments

[Siobhan11]

Even the babysitter says she had never seen her drunk. I am not disputing that she was drunk. I am saying we don't know for sure that she was an alcholic and that her family knew it.

[ravjav]

Unless the babysitter lived with her, she might not have realized when she was drunk - family members learn the signs because they live with them day in and day out - my dad was a functional alcoholic who drove school buses after he retired as a NYC cop. No one knew he was an alcoholic except his family. As for her family, you can't believe a word they say because their necks are on the line.

[ravjav]

Interesting, just realized she was driving her brother's van, so he will be sued as owner of the vehicle.at the very least.

[AllShookUp]

The family says Diane was a "social" drinker. They are in serious denial. They also are trying to say that she had an underlying medical condition that was not disclosed, when the autopsy found none. Maybe they should embrace the truth - she was a drunk. End of story.

[Open eyes]

I don't really know, but to me, it seems like a a suicide. Why would anyone get into a car after downing at least 10 drinks and then smoke a joint right before getting into a car. I think she was possibly trying to take her own life...

[bartonfink]

I don't know if she was consciously trying to end her own life, it wouldn't make sense that she had the children with her, but I'm with you on the amounts she was ingesting. those are ridiculous quantities and point to someone who apparently didn't think twice about getting completely blasted at what? 9:oo in the morning?

her judgement was significantly impaired long before she took the first drink or the first hit. and I don't believe that this event was an anomaly

[ravjav]

Maybe she didn't get enough while she was away camping - addicts go into withdrawal and will do the unthinkable to avoid feeling the pain associated.

[harriscrl3]

THere is still a 5 year old child in the care of this family. If that husband KNEW that his wife was an alcoholic and they smoked pot together Child Services have a RIGHT to know so they can protect that little boy.

SO if suing gets to the truth I'm all for it.

Carol

[BigHeadTodd]

Beyond the tragedy of lost or wasted lives is the truth. Anyone who thinks for a nanosecond that if members of your family were killed at the doings of someone else you wouldn't want full and complete answers and a sense of justice, is lying to themselves.

[harriscrl3]

SUE SUE SUE I agree 200%. THere is parts of this story that is still NOT adding up for me.
She was smoking pot 15 minutes before she died according to autopsy and we are suppose to believe that NONE of her family member was aware of this. Its too bad that you couldnt make them all take a drug test. A woman who is married with children is likely NOT a lone pot smoker. That means the husband and brother was likely engaging in pot smoking themselves.

They claimed that she looked fine before the accident. Hmm maybe she looked fine to them because they were stoned themselves. This is just terrible that woman killed all those babies and an another family and they were acting like this woman was such a good mother. A good mother would say I'm drinking smoking pot I can't drive these kids. If your 2 year old is not enough to sober you up something seriously wrong with you.

SUE SUE hopefully it will bring out the truth about this family that they were portrarying as a loving family. THose kids were probably neglected and goodness knows what else.

[nycelite]

Lawsuits aren't only for getting money from the other side, they are for getting information as well. The Bastardi family has every right to want to know who knew what and when they knew it. A lawsuit can be a way of making sense of a tragedy by sorting out the facts. If the people who have the information are not cooperating by volunteering information, then yes, sue them to compel them to answer the questions. If you can make that duty a little clearer in their minds by demanding a monetary sum, then, yes they should do that as well. The larger the amount, the more it should get them to focus.

[harriscrl3]

Lawsuits aren't only for getting money from the other side, they are for getting information as well.

Exactly and in this case I dont believe we have the entire story. That husband had to have known what was going on particularly with the pot smoking. Its rare that women smoke pot alone they usually do so with a boyfriend or husband.

[Quilter]

This is a tragic thread.

This accident hits home for me because I live near the Taconic. I have driven it countless times. It's not a road for newbies. There are so many ways to die on that road....Up­state, the views are amazing... However the driver must remain adept at navigating the cuts into the mountains.­..On the way down, there are sudden dips in altitude..­.It's not built for SUVs. However, that doesn't stop folks from doing 80pmh.

Accidents happen more in the fall/winter with overconfidence, deer, and black ice combined.

A couple was killed last year while looking at a rainbow... Miles away, I saw it too. I remember so many folks talking about that beautiful rainbow. My heart sank when I heard that two people crashed on the Taconic, in those moments after a summer storm.

[LeroyJenkins]

THIS IS NOT AN ACCIDENT

read the story!

drinking 10 shots of vodka, smoking weed with kids in the car and slamming head-on into another after driving in the wrong lane is not accidental.

[harriscrl3]

Apparently the poster doesnt think that having alcohol twice the legal limit in your system had anything to do with the . All the scientific evidence put forth about drunk driving dont mean anything.

Drunk driving is NOT an accident. Its wilful imbibing of alcohol there is NOTHING accidental about it unless someone poured it down your throat unknown to you. You chose to drink. And when you chose to drink and get behind the wheel there is nothing accidental about it.

[annie0107]

Mr. Jenkins, I agree with you 100%. Thanks for the reality check. Every person who gets into a car drunk and/or stoned is a potential murderer.

[Quilter]

Calm down. I was referring to the road, not the poor victims of the horrific drunk driving vehicular homicide.

Unfortunately, the Taconic has seen many deaths...T­his accident has got to be the worst.

[ravjav]

This wasn't an accident. It was a deliberate, selfish act that cost 7 lives.

[rocketdog56]

this woman, according to the reports, knew those roads like the back of her hand, had driven it countless times before.

[appalling]

Assuming all the information in the news reports are true, the timeline seems a little fishy.

-Husband leaves at 9:30 am saying she was fine.

-She pounds 10 drinks and a few joints in the next 2 hours.

-She is seen driving erratically for 1 hour (60 miles) before the accident.

-Around 1:30 is when officials arrive on the accident scene.

Now, we know closet alcoholics can drink, but 10 vodka drinks and 1 joint in the morning in about 2 hours? Was I able to do that in college even? That's some serious talent.

[Brian Russo]

10 shots in 2 hours is hard? That's nothing for an alcoholic. Heck I drink occasionally and I could do that. Obviously would not be in any position to drive (or do much else) for the following 6-8 hours but it's not that remarkable. Healthy? No. Plausible? Yes.

[Klimb]

Very sad story...ma­y these families find some strength to cope...it is a difficult world!

[slaxx]

i couldn't imagine that anyone would let their child(ren) in a car with someone who they knew to be an alcoholic.

anyone who would boose up and get high before and while driving with 5 young children in the car must be a severe addict and abuser and people must ahve known about it, esp, her husband who apparently drove home in a separate car with the dog.

[Laneysmom]

Her husband and brother lost their CHILDREN in this horrific incident. Is there a greater price to pay for what they may have known? What can this lawsuit possibly achieve?

[youngblood]

Walk in the shoes of the the Bastardi Family who lost their love ones because of the insane recklessness of Diane Schuler!.

[steeev3]

And suing those who are still alive and had nothing to do with the incident deserve to pay financially for it. If that makes sense to you I think it's time to reserve a room in the Padded Hotel.

[harriscrl3]

AMEN!!!!!

[Crystal221]

That is not her family's fault, unless of course they knew she was drunk and high when she got behind the wheel but there's no proof that they did know. The Bastardi family better pray that none of their relatives never cause a reckless accident or they just might find themselves in Diane Schuler's family's place...be­ing blamed and sued for an accident that was not their fault.

It would be one thing if Diane Schuler survived but going after her family who also lost lost loved ones due to her insane recklessness makes the Bastardi family look like opportunists who are using their loved ones deaths to collect money.

[Wallysmom]

Had Diane Schuler lived, as do many drunk/high drivers, then she should have been prosecuted and charged with murder with depraved indifference. The next of kin are not responsible for the actions of an adult who made a conscious decision to drive while intoxicated. If the family who is grieving is allowed to sue the family of the woman who, as an adult, made an independent decision to act recklessly with depraved indifference, and they win, it sets a dangerous precedent. Then all families of murderers and rapists should be sued for the acts of family members?

[slaxx]

if they had a hand in it or were negligent.­..

[Siobhan11]

Not a lawyer here. But I would think they have a right to go after "the estate" of Dianne Schuler". I would only think they could go after her husband's or brother's personal assets if they knew she was driving drunk and could prove that.. As a woman who many many years ago was married to an alchoholic, I don't think anyone would knowingly put their children in a car with spouse who had been drinking. Al least not anyone who wasn't also under the influence.

But I do believe the Bastardi family should sue. That is pretty much standard in a case like this. The truth will come out.

[doctorzuma]

I refuse to believe that other family members were NOT aware of her drug/alcohol problems. Having worked as a family systems oriented therapist, I have found that the denial found in addicts is often permeates the entire family system. Therefore, they enabled and allowed this because of their own emotional limitations. This lawsuit basically tells the world it is your responsibility to make sure you break out of a dysfunctional family system. I applaud it and wish the Bastardi family both my condolences and hopes for a successful lawsuit.

[harriscrl3]

If the husband and brother were smoking pot with her THEY ARE LIABLE. A lawsuit just might get to that since they couldnt give them a drug test.

[ravjav]

That's why you don't let someone you know is a drunk or who is drunk drive your car - because you will be sued. You are responsible for what happens with your vehicle. When my son had an accident while driving my car, I was sued because it was my car. Fortunately, I have a lot of insurance and my personal money was not touched. And my son was not driving drunk.

Why is this such a big surprise to the people posting on this board?

[harriscrl3]

Imagine for a moment driving in one direction and NOT expecting a SUV to be coming at you full speed from the opposite direction and not being able to react because its NOT something you expect. What can a lawsuit achieve? It can give them peace it can insure that if the other members of the family knew that this woman had an alcohol problem and did nothing to stop her and if they too are smoking pot it just may protect that 5 year old boy that survived not to mention help other families in that same situation.

[ravjav]

The truth for one thing - having lost a brother at 16 in 1980 to a drunk driver, I can tell you that lawsuits in these situations are NOT about the money. You don't CARE about money when you've lost someone to such a selfish act as drunk driving.

[pollyannacowgirl]

It's too bad she couldn't have survived to live with the blood on her hands. She deserves to live knowing she killed all those people with her selfishness.

[kitfox]

Why are they ruling it a homicide and not manslaughter? When the drunk driver killed my stepfather and his friend doing 85 miles an hour in a 25 mph zone while my stepfather and friend were waiting at a red light they ruled it manslaughter and said there was no way we can get him on a murder charge. The guy spent less than a year in jail.... so I'm just curious at this point.

[devadasi]

That's outrageous Kitfox....­....your stepfather and his friend were murdered..­...to think that this criminal only spent less than a year in jail is a travesty.

[Alarmist]

Good question. Maybe there are more details not yet released. If she was suicidal, then maybe it's homicide, and if it was poor judgment but unintentional, manslaughter? Stories like these have a way of revealing more juicy tidbits as time goes on...

[ReasonIsMyReligion]

Manslaughter (accident) and murder (intent) are subdivisions of homicide, which simply means somone's death was caused by another. As opposed to suicide, or accident.

Give or take.

[ricitizen]

Homicide is the killing another human being. This just means that the proximate cause of death was a result of willful human action (not an accident) Homicide is not always an illegal act. Murder, manslaughter describes the charge against a person who has committed a homicide and their criminal culpability. Was the homicide, willful, premeditated, depraved indifferen­ce...etc. So the question is now, did the women mean to kill herself and the kids. What was her state of mind. Those questions will decide the difference between manslaughter and murder.

[Wallysmom]

Courts are becoming intolerant. They are beginning to see that knowing you are drunk or high, deliberately driving, knowing that you possibly could kill yourself and others is no different than any other act of murder.