The parents of two people killed in a fiery New Year’s Day 2024 crash outside Kodak Center are suing Eastman Kodak Co.
The lawsuit, filed Monday, argues that the company was “negligent, reckless and careless in failing to adequately supervise” the performing arts venue and protect visitors.
Investigators determined that Michael Avery, 35, of Syracuse, targeted concertgoers as they left the venue. Avery had stashed full gas canisters in his vehicle and sped into oncoming traffic as a concert by the band moe. was letting out. His vehicle struck another on West Ridge Road carrying Justina Hughes, 28, of Geneva, and Joshua Orr, 29, of Webster. All three were killed. Several pedestrians were injured.
No motive was determined for the act. Investigators have said they found no evidence or indication of politically motivated terrorism.
The lawsuit, brought by Hughes’ mother and Orr’s father, as the respective administrators of their estates, seeks unspecified damages, claiming Kodak failed to “properly hire, train, supervise, and retain their employees in the safe and diligent supervision and security of their premises.” Further, it is alleged that Kodak “knew or should have known” about Avery but does not elaborate.
A statement issued by the Hughes family's New York City law firm Morgan & Morgan NY, PLLC reads: “Our lawsuit alleges that this was not just an unpredictable tragedy but a security failure that exposed a clear and known vulnerability. Any act of terror is intentional, but our investigation indicates that the attack was foreseeable, and that Kodak could have taken stronger security measures to prevent it. We have filed this lawsuit to hold Eastman Kodak accountable for these alleged failures and to seek the justice these families deserve for the untimely deaths of their loved ones."
A Kodak spokesperson said the company does not comment on ongoing litigation.
