October 28, 2009 - Civil Suit Planned in Wrong Way Collision

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A man whose father and brother were killed by an allegedly drunk woman driving wrong way on a New York highway says others are also responsible for the crash.

A lawyer for Michael Bastardi Jr. told ABC News anyone who gave Diane Schuler alcohol could be an accessory to homicide.

The head-on crash on the Taconic Parkway three months ago killed Michael Bastardi Sr., his son, Guy, and another man in their car, along with Schuler, her daughter and three nieces. Schuler's 5-year-old son was the only survivor.

Police have said their investigation is closed. But the attorney representing the Bastardi family, said the family believes others could be held responsible and a civil suit might be used to push for a reopening of the investigation.

"If the grand jury determines that alcohol was provided to the deceased, Diane Schuler, the persons doing that or giving that to her would be accessories, in my opinion, to the commission of the crime of homicide," the family's attorney said in an appearance on "Good Morning America."