The family of an East Harlem boy who was struck and killed by a tractor-trailer, at a corner where a crossing guard was absent, plans to sue New York City for $50 million, and has already filed suit against the trucking company, according to the New York Post.
The “notice of claim” against the city was filed on behalf of the victim’s brother, 9-year-old Issouf Diarrassouba, in the city Comptroller’s Office, the Post reported. Issouf was with his 6-year-old brother Amar on Feb, 28 when the younger boy was hit by a tractor trailer at First Avenue and East 117th Street in Manhattan.
The Post also reported that the family has already filed a lawsuit in New Jersey against the truck driver involved in the accident, Robert Carroll Jr., and his employer, McLane Foodservice Distribution, for negligence.
According to the Post, the notice to the city claims that Issouf could have been killed, as well, and that he has suffered psychological and emotional injuries because of the horror of seeing Amar die.
The notice said that the lawsuit will name the city, the New York Police Department and crossing guard Flavia Roman as defendants, the Post reported. Roman was supposed to be on duty at the corner, at the time, that Amar was struck and killed.
The Post reported that the lawsuit notice specifically said that the crossing guard “deserted her post, abandoning the children who were promised her protection.”
Attorney Gordon Johnson
Past Chair Traumatic Brain Injury Litigation Group, American Association of Justice
firstname.lastname@example.org :: 800-992-9447 :: Attorney Gordon S. Johnson, Jr.