Pedestrian Accident Victim Prevails in Lawsuit Against New York City

Our NYC Injury Lawyers Helped a Victim in a Lawsuit Against NYCHA

On January 17, 2007, Plaintiff, a now forty-two (42) year old caretaker for the New York City Housing Authority was walking to work and was standing on the northeast sidewalk at the intersection of Classon Avenue and Myrtle Avenue. Plaintiff was waiting for a walk signal in order to cross Classon Avenue and proceed westbound on Myrtle Avenue.

While Plaintiff was standing on the sidewalk, Defendant Defrities, driving a marked New York City Police Department vehicle, was traveling eastbound on Myrtle Avenue and proceeded through a steady red traffic signal at the intersection of Classon Avenue and Myrtle Avenue, striking Defendant Garry Emmanuel, who was traveling northbound on Classon Avenue. Defendant Emmanuel had a green traffic signal.

As a result of the impact, Defendant Emmanuel's vehicle turned over and rolled onto the sidewalk, striking Plaintiff.

Defendant Defrities admitted that she was not involved in an emergency situation when she proceeded through the red light, but instead was delivering mail to various New York City Police Department facilities. Defendant Defrities indicated she activated her lights and sirens prior to entering the intersection. Plaintiff and Defendant Emmanuel contended that no lights or sirens were utilized by Defendant Defrities.

As a result of the accident, Plaintiff suffered a right femur fracture, left thumb fracture, bilateral clavicle fractures, multiple rib fractures and a pneumothorax. Plaintiff was taken via EMS to Bellevue Hospital.

On January 17, 2007 Plaintiff underwent an open reduction and internal fixation of his right femur and left thumb. Plaintiff's bilateral clavicle fractures and rib fractures were treated non-operatively.

Following discharge, Plaintiff underwent conservative treatment through physical therapy and pain management. On January 28, 2009, Plaintiff underwent a partial left thumb fusion as a result of ongoing pain.

Prior to jury selection, the parties reached a settlement in the amount of $2,800,000. Defendants The City of New York, New York City Police Department and Deidra Defrities contributed $2,750,000 to the settlement and Defendant Emmanuel contributed $50,000.