New documents released Friday in the Schoharie limousine crash case show lawyers for Nauman Hussain, the man facing negligent homicide charges for the deaths of 20 people, responding to claims from the prosecution and once again requesting the dismissal of the case.
Lawyers for Hussain, the Prestige Limousine operator, reiterate responsibility for the Schoharie crash should fall on Mavis Discount Tire, the company Hussain took the stretch limousine to for brake work. Lawyers challenge evidence presented to a grand jury in the case and claim the evidence is legally insufficient.
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Hussain's defense team says as they do not have access to the grand jury minutes, they can only respond to the evidence the Schoharie County district attorney's office has disclosed so far.
In response to the DA's claims, lawyers say Hussain can not reasonably be expected to know better than the mechanics at Mavis and can not be held responsible for someone else's negligence, since that liability, they believe, does not transfer from business to customer.
Furthermore, Hussain's lawyers argue the department of transportation was aware Hussain took the limo to Mavis — since an official personally saw it at Mavis — so the lawyers say if the DOT was concerned about the legality of the inspection, that concern should have been raised in real-time.
Hussain's lawyers also say warnings and signs of potential brake failure were not ignored, because the limo was taken out of service by the DOT in March 2018 and then brought to Mavis for brake work two months after that.
It was inspected by DOT officials in September and cited for failure to correct previous issues. The defense says the vehicle was not taken out of service at this time.
Hussain's defense team says the prosecution has yet to explain why Mavis was not qualified to inspect and service the limousine's brakes and how the defendant would have known that, or how he would have been able to foresee catastrophic brake failure.
The prosecution claims Hussain was required to not only have the limousine's brakes fixed, but he also needed to get a DOT bus inspection due to the number of passengers the limousine was capable of carrying. The prosecution says Hussain failed to obtain that authority and was notified on several occasions.