Lawsuit claims Kodak failed to provide proper security in deadly New Year's crash

Families of two victims killed in intentional attack outside Kodak Center file lawsuit against company

Published on Mar. 2, 2026

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The families of two victims killed in a 2024 New Year's Day intentional car crash outside the Kodak Center in Rochester, New York have filed a lawsuit against Eastman Kodak, the owner of the Kodak Center. The lawsuit alleges that Kodak failed to 'hire, train, supervise, and retain' employees who could have protected the premises and prevented the deadly incident.

Why it matters

This lawsuit highlights the ongoing challenges venues face in ensuring public safety, especially in the aftermath of intentional attacks. It also raises questions about the legal obligations of event organizers to take reasonable precautions to protect attendees.

The details

According to the lawsuit, Joshua Orr, 29, and Justina Hughes, 28, were killed when a Syracuse man, Michael Avery, intentionally crashed his rental car outside the Kodak Center as people were leaving a concert. Police say Avery had at least a dozen gas cans in his car and sped up as he approached the crowd, but a motive was not determined. The lawsuit claims Kodak failed in its duty to 'take reasonable precautionary measures to minimize and make premises safe' for concertgoers.

  • The incident occurred on New Year's Day 2024.
  • The lawsuit was filed in March 2026.

The players

Eastman Kodak

The owner of the Kodak Center in Rochester, New York where the deadly incident took place.

Joshua Orr

A 29-year-old victim killed in the intentional car crash outside the Kodak Center.

Justina Hughes

A 28-year-old victim killed in the intentional car crash outside the Kodak Center.

Michael Avery

The Syracuse man who police say intentionally crashed his rental car outside the Kodak Center, killing himself and the two victims.

Morgan & Morgan NY PLLC

The law firm representing the families of the two victims in the lawsuit against Kodak.

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What’s next

The judge will need to determine whether Kodak had a legal duty to provide additional security measures to protect concertgoers from the type of intentional attack that occurred.

The takeaway

This tragic incident underscores the complex security challenges venues face in ensuring public safety, even in the aftermath of an intentional attack. The outcome of this lawsuit could set an important precedent regarding the legal obligations of event organizers to protect attendees.