State Sen. Antoine M. Thompson says he was "almost killed" when a truck ran his SUV off

the Thruway near Rochester in 2007, and he suffered a 25 percent tear to his rotator cuff.

Nearly three years later, Thompson and his wife filed suit in February against the driver

and trucking company.

And a few weeks after filing that suit, Thompson also introduced legislation in the Senate

that significantly expands the definition of "serious injury" in a personal injury lawsuit.

Language in his bill defines a "partial or complete tear or impingement of a nerve, tendon,

ligament, muscle or cartilage" as basis for litigation.

In addition, Thompson's new bill would cover any legal action pending at the time of

passage — including his own. A jury would determine factual issues surrounding the

claims, the bill also says.

Did his Thruway accident and subsequent lawsuit influence his legislation?

It's only a "coincidence," Thompson says.

Is it a conflict of interest to sponsor legislation that could greatly enhance the

prospects of his own lawsuit?

"That's pretty far-fetched," Thompson said. "One has nothing to do with the other."

Still, after The Buffalo News inquired about the bill and his lawsuit on Friday, he said he

is withdrawing his sponsorship of the legislation.

"Sen. Thompson did not intend for this bill to affect his own litigation," press secretary

Ken Houston said in a statement. "He does not want his sponsorship of this bill to become a

distraction for important legislation that would help thousands of deserving New Yorkers.

That's why Sen. Thompson will be withdrawing his sponsorship of this legislation and let

others lead this worthy fight."

Thompson is a member of the Senate insurance committee but over the past year and a half

he has rarely introduced bills pertaining to insurance or tort matters. The overwhelming

majority of bills he proposed deal with strictly local matters or environmental concerns (he

is chairman of the Environmental Conservation Committee). He has introduced 22 bills so far

this year.

The new controversy now embroiling the Buffalo Democrat surrounds a March 12, 2007,

accident in the Town of Henrietta as Thompson and two aides were en route to Albany in a

vehicle driven by Odease Brown. The Thompson vehicle was pushed into a tractor-trailer parked

on the exit ramp shoulder, State Police said at the time, after it was struck in the left rear

by a truck in the driving lane that had swerved to the right.

Thompson and his chief of staff, Mark Boyd, were treated and released from Strong Memorial

Hospital in Rochester after complaining of neck pain.

"We're a little sore, but otherwise we're doing OK," Boyd told The Buffalo News the next

day.

The truck driver, Jason Killingbeck, was reaching down for a roll of paper towels when his

vehicle veered to the right, state troopers said at the time, and he was ticketed for moving

unsafely from his lane.

Almost three years later and just before the deadline for filing such litigation, Brown and

his wife — Merle — filed suit. They cited Killingbeck of Solvay in Onondaga

County, and MJR Carriers LLC of Cicero, also in Onondaga County.

The Thompsons accused Killingbeck of "negligent, careless, reckless and unlawful conduct"

in papers filed in State Supreme Court in Erie County last Feb. 23. The suit said the senator

was "painfully and seriously injured," that he was "rendered sick, sore, lame and disabled,"

and that the injuries "may result in permanent defects."

Further, the suit says Thompson suffered "pain and suffering and shock to his nervous

system," that he incurred significant medical expenses, was caused to be "incapacitated from

his usual activities and may be further incapacitated."

The suit also includes the complaint of Merle Thompson, whom the suit says was "deprived of

services, society, consortium and companionship of her husband."

Telephone numbers for Killingbeck and MJR Carriers were not listed.

Thompson introduced the legislation on April 16, and the memo filed in conjunction with the

bill explains his rationale. Courts over the years have often dismissed cases involving some

specific injuries despite evidence of their seriousness, the memorandum stated.

"The judiciary has created these ... additional hurdles for an injured person to leap over

to prove that they are seriously injured," his memo said. "The amendments proposed by this

bill would remedy these problems by clarifying what qualifies as a "serious injury' and

promote fairness and consistency in its application, taking into account modern medicine and

technology."

Thompson found several co-sponsors for the bill, which was also introduced in the Assembly

by Assemblyman Matthew Titone, D-Staten Island. The bill stipulates it shall take effect

immediately upon receiving the governor's signature and shall apply to all lawsuits "commenced

prior to the effective date of this act."

"Most importantly," his memo states, "these amendments would promote fair, swift,

consistent, rational, just and easily comprehensible results."

Kristina Baldwin, assistant vice president for the Property Casualty Insurers of New York,

would not comment on any potential conflict of interest. But she noted the Thompson bill

defeats the purpose of the concept of "no fault" insurance adopted by New York State in the

1970s.

The idea, she said, was to quickly compensate drivers for minor injuries regardless of who

was at fault and to control the high costs of litigation.

"New York's no-fault system is plagued by fraud, which is estimated to cost $230 million

per year, and honest New York drivers pay those costs in increased premiums," she said. "This

bill would contradict the whole goal."

But New York Trial Lawyers Association President Richard Binko of Cheektowaga said the

Thompson bill could help many injury victims.

"This is important legislation that will help thousands of injured New Yorkers each year

who — because of an outdated law — are unable to be fully compensated for injuries

that can result in lengthy hospitalization, multiple surgical procedures and prolonged

disability and convalescence," he said. "Four decades ago, we didn't have MRIs and other

technology that today allow doctors and patients to understand the extent of soft tissue

injuries. Today, we have these technologies and it's time the law caught up."

Albany Bureau Reporter Tom Precious contributed to this story.