Niagara Falls, N.Y. (WBEN) - The horrific, inferno-like November 2023 car crash that killed Grand Island businessman and civic leader Kurt Villani and his wife, Monica, could make its way to a jury trial.
Or it could end up settling out-of-court with gag orders attached.
It could go either way, says prominent Buffalo attorney Ross Cellino. Cellino has handled numerous cases that centered on car crashes throughout his storied career but, he is not connected to the Villani case and offered his observations about the legal aspects connected to the lawsuit filed by Villani family members against Bentley Motors and its parent company, Volkswagen.
No immediate court dates have been set and neither Bentley nor Volkswagen responded to requests for comments related to the case.
In Cellino's opinion, the outcome of the wrongful death lawsuit, will hinge on what evidence is available. Much of the key data and information were destroyed when the Bentley struck a Rainbow Bridge inspection booth on the U.S. side of Niagara Falls.
The couple were bound for Toronto and a KISS concert in the Thanksgiving eve crash.
There are allegations that Villani's 2022 Flyng Spur Bentley had an electrical malfunction and overrides failed, according to a 33-page document filed in New York State Supreme Court.
"Those are allegations," Cellino said.
Cellino said even without certain key pieces of physical evidence, there may be enough to move the case forward including whether the Bentley was subject to a recall. The lawsuit paperwork alleges there were recalls in Europe and Australia but not in North America.
"It is a difficult case but not an impossible one," Cellino said. "You really have to look and weigh all the evidence."
It could be that the manufacturer's insurance carrier and the company itself may prefer an out-of-court settlement while the Villani family presses for a jury trial.
"Depends on who feels they have a stronger case," Cellino said.