MINEOLA, N.Y. (CN) - A passenger on a double-decker tour bus died when he stuck his head through an overhead hatch and smashed it on an overpass, the limousine service claims in a lawsuit against its insurers.
Designer Limousine and its boss Kenneth Caldwell sued Kinloch Consulting Group and Hartford Fire Insurance Co. on Tuesday in Nassau County Court.
Before he bought the three double-decker buses for $1 million each, Caldwell claims, he relied on the defendants' expertise to determine whether double-decker buses were insurable and lawfully operable in New York State.
Caldwell, who has run his company for 33 years, says the defendants assured him the buses were legal, and insurable. So he bought insurance from Hartford, which was "procured by Kinloch," Caldwell says in the complaint.
Then on Aug. 31, 2012, a passenger on one of the buses "sustained grave injuries when, while the bus was traveling under an overpass, he extended his head and upper body through a hatch located on top of the bus, which struck the overpass, causing fatal injuries to said passenger."
Caldwell seeks damages for fraud, fraudulent inducement, breach of contract and detrimental reliance. He is represented by Harry Demiris Jr., of Westbury.
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