On February 12, 2008, the mother of the Plaintiffs, the four children of the deceased, and a friend were walking together on the sidewalk on West 35th Street in Manhattan. An employee of a large garbage hauling company, operating a commercial garbage truck in the course of his employment, had a seizure and the truck mounted the sidewalk and struck the Plaintiffs' mother and her friend, tragically killing them both. The Plaintiffs brought wrongful death actions and loss of parental guidance claims on behalf of their estates and surviving children, respectively. The Plaintiffs claimed that the hauling company was negligent in the hiring and retention of the truck driver, who had a seizure condition and should not have been hired as a truck driver and permitted to operate a vehicle for the company. The Plaintiffs claimed that Action Carting violated Federal law by failing to obtain Scarlett's employment records from his prior employer, which would have revealed that Scarlett had a seizure condition and had previously suffered a seizure while driving for that company which led to his termination from their employment.
Result: The parties settled the case on May 24, 2011, for $5,000,000.
The case was handled by Daniel P. O'Toole and Frederick C. Aranki.