A British tourist who
required a leg amputation after being hit by a New York taxi on a
Manhattan pavement will sue the city for tens of millions
A 23-year-old British tourist who lost part of her leg when a taxi
mounted the pavement and hit her outside the Rockefeller Centre in
Midtown Manhattan will sue New York City, Associated Press reports.
Sian Green has filed a notice of claim against the city after the assistant district attorney announced in November that the driver of the taxi, Mohammed Faysal Himon, would not face criminal charges.
Green’s US $27.5 million claim states that Himon should have had his cabbie’s hack license revoked before the August 20 crash because he already had seven points worth of violations, enough to get him suspended.
“The Taxi & Limousine Commission (TLC) should have suspended his license BEFORE the time of the accident,” Dan Marchese, Green's lawyer, wrote in a notice of the lawsuit.
"Admittedly, due to a ‘computer glitch,’ TLC failed to ensure pedestrian safety, and specifically [Green’s] safety and well-being.”
TLC has admitted that a computer glitch on their internal system has allowed some 4,500 drivers with more than six points to continue driving, when their licenses should have been suspended or revoked.
Since the incident, Himon has maintained that the accident was not his fault, claiming that he sped up and veered onto the curb, hitting Green, after a hostile cyclist struck the hood of his cab.
He has since served a 30-day suspension issued by the NYC Taxi & Limousine Commission.
On learning that the driver had escaped criminal charges, Marchese released a statement on Green’s behalf, expressing her disappointment.
“While she is incredibly dismayed by this decision, she does not let it affect her positive spirit, unbelievable strength and incredible poise, which she has demonstrated to the world throughout this ordeal,” read the statement.
"As the legal representative for Sian's civil case, I believe this incident was not an accident, but rather a negligent act of calculated recklessness to which my client was the victim," he added.
As a result of the crash, part of Green’s right leg was amputated and her left leg was badly damaged.
The city Law Department is currently reviewing the claim.
source:DOTW
Sian Green has filed a notice of claim against the city after the assistant district attorney announced in November that the driver of the taxi, Mohammed Faysal Himon, would not face criminal charges.
Green’s US $27.5 million claim states that Himon should have had his cabbie’s hack license revoked before the August 20 crash because he already had seven points worth of violations, enough to get him suspended.
“The Taxi & Limousine Commission (TLC) should have suspended his license BEFORE the time of the accident,” Dan Marchese, Green's lawyer, wrote in a notice of the lawsuit.
"Admittedly, due to a ‘computer glitch,’ TLC failed to ensure pedestrian safety, and specifically [Green’s] safety and well-being.”
TLC has admitted that a computer glitch on their internal system has allowed some 4,500 drivers with more than six points to continue driving, when their licenses should have been suspended or revoked.
Since the incident, Himon has maintained that the accident was not his fault, claiming that he sped up and veered onto the curb, hitting Green, after a hostile cyclist struck the hood of his cab.
He has since served a 30-day suspension issued by the NYC Taxi & Limousine Commission.
On learning that the driver had escaped criminal charges, Marchese released a statement on Green’s behalf, expressing her disappointment.
“While she is incredibly dismayed by this decision, she does not let it affect her positive spirit, unbelievable strength and incredible poise, which she has demonstrated to the world throughout this ordeal,” read the statement.
"As the legal representative for Sian's civil case, I believe this incident was not an accident, but rather a negligent act of calculated recklessness to which my client was the victim," he added.
As a result of the crash, part of Green’s right leg was amputated and her left leg was badly damaged.
The city Law Department is currently reviewing the claim.
source:DOTW
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