Mavis Discount Tire is now under fire after it's believed the company played a role in allowing the limousine involved in October's crash that killed 20 people in Schoharie to be out on the road.
The family of Erin and Shane McGowan, a newlywed couple killed in the crash, is suing the company, saying the shop in Saratoga Springs illegally gave the owners and operators of Prestige Limousine and the Ford Excursion limo an inspection sticker after it was placed out of order by DOT not once but twice. It's also claimed the company didn't even have the authority to inspect a limo that size.
The documents show Shahed Hussain, the owner of Prestige, registered the 18-seat limo as an 11-seat vehicle so it could avoid rigorous DOT inspections. In March 2018, the limo was placed out of service by the state after brake problems were discovered. But two months later, it was taken to Mavis Discount Tire in Saratoga and given a inspection sticker from the company.
The lawsuit also says at the time of inspection, the limo had mechanical problems that should have been noticed by the company.
Again in September, just a month before the crash, DOT once again placed the limo out of service for numerous violations, including continued brake problems.
The lawsuit says the company did perform temporary, but shoddy, work on the limo's brakes some time between it first being placed out of service in March and the time of the crash, and that the company sent the limo back out on the road knowing it was unsafe.
Mavis responded Thursday morning; in a statement, a Mavis spokesperson said, "Our thoughts and condolences are with the victims of this tragic accident. However, Mavis bears no legal responsibility for this tragedy and the events that led up to it, and we will defend ourselves vigorously against all claims."
The lawsuit was filed by Paul Davenport on behalf of Erin and Shane McGowan.
"This could've been and should've been prevented," Davenport said. "We can't allow these entities to kind of skirt by."
Davenport says Mavis performed temporary work on the brake lines, sometime between it first being placed out of service in March and the time of the crash.
"The loss of all four brake systems is significant; that shows whoever looked at them did shoddy work," Davenport said.
He says it's frustrating to see how many groups had the chance to prevent the tragedy and still aren't working to bring change.
"It's been like a puzzle trying to put to this together. Quite frankly, we've made FOIA requests to DOT and [the] DMV and they have not responded," Davenport said.
But he hopes this lawsuit may eventually give the families some peace.
"We can't fix this. My clients want their loved ones back. Hopefully through the criminal process and through the civil process everyone who played a role in this accident will be held accountable and hopefully bring these families some justice," Davenport said.
Nauman Hussain, Prestige Limo's operator, is facing 20 counts of manslaughter and 20 counts of criminally negligent homicide. His trial is set for January in Schoharie County Court.