SCHOHARIE, N.Y. (NEWS10) — Opposition papers were filed Thursday in response to Mavis Discount Tire’s motion to dismiss the civil case against them. The case is in relation to the October 2018 Schoharie limousine crash that killed 20 people.

According to attorney Thomas Mortati, who represents the estate of Savannah Bursese, one of the victims of the crash, he has not heard from Mavis’s legal team regarding the papers were filed.

He shared his argument with NEWS10 ABC and said the tragedy could have been prevented.

“We know, at least from the investigation preformed by the NTSB and certainly the New York State police and the district attorney’s office, things that we haven’t been able to do yet, by the way. That Mavis was involved in inspecting this vehicle; they were involved in passing this vehicle on an inspection that had failed on a given day; they repaired it improperly, we contend. They knew this thing was a death trap, and they knew it shouldn’t be on the road. And now, Mavis has, in our opinion, the gall to suggest that, well you know, the plaintiffs shouldn’t get the opportunity to litigate this case against us. We didn’t owe them any duty of safety or care, and that quite frankly, is ridiculous.”

Procedural aspects of this case have been delayed, in part, because of the coronavirus pandemic. NEWS10 reached out to the lawyers of Mavis Discount Tire for comment, but we are still waiting for a response.

According to Mortati, the motion is scheduled to be heard before Judge Hartman in Albany County Supreme Court on February 16.