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Articles Tagged with brooklyn wrongful death

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image After a 30-year-old pedestrian was killed by an unlicensed driver who jumped the curb in Brooklyn (see previous blog ), NYC, her family petitioned the Brookyn DA’s office to initiate a grand jury investigation into the accident and obtain justice for their loved one.

Last December Victoria Nicodemus was walking on  a Fort Greene sidewalk with her boyfriend  when she was  fatally  struck by a SUV that apparently  jumped the curb to avoid a bus. The SUV was driven by  39-year-old Marlon Sewell. The driver had his license suspended and wasn’t supposed to be behind the wheel. Also according to a recent article from the Gothamist, a preliminary  police report indicated that Sewell jumped the curb to avoid the bus in front of him but in a statement yesterday, Transportation Altternatives Deputy Director Caroline Samponaro said that Sewell made the reckless decision to drive on the sidewalk to avoid waiting behind the bus.

Immediately after the accident, Sewell was charged with two misdemeanors and thought he would get away with a $500 ticket. However after the Brooklyn DA office agreed to open a grand jury investigation things changed. Yesterday the grand jury voted for Sewell to be indicted for second-degree manslaughter.

 

 

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Park Slope Garage CondominiumA 4 year old boy died after falling in an elevator shaft inside a luxury NYC garage. According to the police, Jack Roberts slipped through a 10 inch gap between a freight elevator and the shaft at the Park Slope Garage Condominium in Brooklyn, NYC. For some unknown reason, the toddler and his parents were allowed to use a freight elevator that was meant for vehicles to get to the third floor of the garage. Other owners of parking spaces who learned about the elevator accident were in shock.  They said it was very unusual for the staff to allow anyone in the freight elevator.  Car owners usually pick up and drop their car in a designated area at the entrance of the garage. Then the staff takes care of taking them in and out of their respective parking spaces using the freight elevators.

After the accident happened, The Department of Buildings filed a complaint requesting an investigation.

The luxury garage was one the first “condominiums for cars” in New York State with more than 100 parking spaces. The actual price of a parking space there is estimated at $300,000.  The initial price for a parking space at the garage when it opened in 1986 was $29,000. At the time it was already considered a very high price. It went up over the years as Park Slope  developed into a trendy neighborhood.  It recently shot up after another similar condominium garage located nearby closed.

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32 year old Michelle Mignott was killed in a car accident in New York City in 2014. The two reckless drivers who were indicted in the accident will be tried in August if they don’t accept a plea deal. Richard Roman-Santos and Gerard Herbert both charged with vehicular manslaughter appeared yesterday in front of Brooklyn Supreme Court Justice Vincent Del Giudice. The judge told then that if no plea agreement was reached the case would go to trial on August 1st. The two men were previously offered 3 to 9 years in jail if they pleaded guilty but they both refused.

On August 17th 2014, Herbert was driving in Brooklyn with two female passengers. One of them, Michelle Mignott was lying on the back seat. As he was making a left turn, Roman-Santos who was driving at a speed of 94 miles per hours crashed into him. Mignott was killed in the accident. Herbert who first refused to take a breathalyzer was later tested with .20.  Roman Santos accepted the breathalyzer and was found to be at the limit of .08.

The two men are expected to be back in front of the judge on June 7th and will have to say if they accept the plea deal or not.

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Heather29 year old Heather Lough died from critical injuries sustained after she was struck by a truck while riding her bike in Brooklyn, NYC. The young woman had just been hired to work at the Brooklyn Botanical Gardens and was on her way to work when the accident happened.  Heater was coming out of the Metro North station and was riding her bicycle on Southern Boulevard when she was hit by a truck making a left turn at high speed. The bicyclist got stuck under the wheels and she was dragged for some distance under the truck until the driver stopped.  She was taken to the hospital in critical condition where she died from her injuries after five days of pain and suffering. The truck driver, 45 year old Robert Owens from Upper Manhattan was charged with reckless driving and failure to yield.

Heather’s best friend set up a fundraiser to pay for a natural burial near her family in Washington State. If you wish you can donate here.

The picture is from the fundraising page

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NYC fatal bicycle accidentA bicyclist was struck and killed by a reckless driver in New York City yesterday night. The 26 year old driver of a Honda Sedan was caught on a surveillance camera recklessly speeding on Brooklyn streets moments before the accident. Witnesses told CBS news that they saw the car speeding on Avenue P and blowing two red lights. At the second light the reckless driver collided with a car that was crossing the intersection with the green light. The impact was so strong that the two cars careened away into a nearby bicyclist who got pinned under one of them. Witnesses ran to the scene of the accident and lifted the car to liberate the bicyclist but he couldn’t be saved and died from his injuries. Firefighters had to cut one of the cars in half to free the driver. Both car drivers only suffered minor injuries. The reckless driver is now in police custody and he is facing criminal charges.

Picture source: courtesy of New York Rescue Response Team on Twitter

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A pedestrian died and two other people were injured in a car accident in NYC on Sunday. The accident occurred at the intersection of E. 94th Street and Avenue K in Canarsie, Brooklyn. The driver of a SUV struck another car, lost control of the vehicle that slammed into two pedestrians waiting to cross the road. The pedestrians were a couple living nearby. The wife, 51 year old, Chooi Tan  suffered severe injury. The couple as well as the driver of the car hit by the SUV were all transported to the hospital. Chooi Tan died at the hospital while her husband and the driver were in stable condition.

The driver of the SUV and a passenger fled the scene of the accident by foot. The police are still looking for them. The SUV was reported stolen last Friday.

Read more in the NY Daily News

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NYPDWhen Lauren David died in a bike accident in Brooklyn (see previous blog), the NYPD initially reported that David was biking against traffic. In a recent article the Gothamist indicated that the police have amended their report and after investigation they found that David was indeed riding in the direction of the traffic. The police also told reporters that they are discussing possible charges against the driver with the Brooklyn DA.

In New York City the police have a habit of immediately blaming the victims before investigating the accident. Just a few days after David was killed, another biker died in a traffic accident in Brooklyn.  James Gregg was fatally struck by a truck which was driving in a non truck zone. Again the police found ridiculous excuses to blame the victim (see previous blog). Last Sunday the Brooklyn Borough President Eric Adams who led a memorial bike ride for the two victims (see previous blog) asked the NYPD to stop speculating  on the causes of accidents until the investigation is finished.

Picture: courtesy of Wikipedia

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Bike Lane in BrooklynTwo people died in bike accidents in Brooklyn, NYC in April.  James Gregg was killed on April 20 by a tractor trailer truck who’s driver illegally drove in a non truck residential street (see our previous blog). Lauren Davis was fatally struck by a car making  a left turn on April 15th (see our previous blog).

On Sunday, Brooklyn Borough President, Eric Adams, led a memorial bike ride in honor of these two victims. He laid flowers in front of a ghost bike memorial installed by Transportation Alternatives at the intersection of 6th Ave and Sterling Place where Gregg died. The bicyclists then rode to the intersection of Clason and Lexington Avenues where Davis was killed.

Adams asked the DOT to continue its work to protect NYC Bicyclists. He also asked the NYPD to enforce the 25 mph speed limit and the law that prevents trucks from driving in residential areas.

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bicycle truck accidentA bicyclist died after being struck by a tractor-trailer truck in Brooklyn, NYC, on Wednesday morning around 9:00 am. The accident occurred at the intersection of Sterling Place and 6th Ave in Park Slope in an area where tractor-trailers are not authorized to drive except if they have a special permit. In NYC, tractor-trailers can only drive on designated truck roads but according to local residents it is common to see big rigs driving on 6th Avenue especially since the Atlantic Yards has been developed.(see video below). The NYPD doesn’t seem to really care about this issue as so far since the beginning of the year no tickets for truck route violations have been issued by the 78th precinct where the accident happened. Instead of admitting that the truck wasn’t supposed to be driving in a narrow residential avenue, the NYPD blamed the bicyclist for his own death.

In a first statement the police implied that the cyclist was at fault and hit the rear wheel as he was trying to grab the side of the truck to hitch a ride. In a second statement the NYPD changed its version and said that the bicyclist was pulled under the wheel of the truck by a wind force. For this to happen, the truck would have to have been driving at a speed that would likely be impossible to reach on this narrow Brooklyn Ave.  It seems pretty obvious to us hat the big rig wasn’t supposed to drive in the residential area and that he recklessly passed the bicyclist too close. Additionally, witnesses reported that he was driving with headphones on.

Read more in the Gothamist

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bicycle accident locationA bicyclist was fatally struck by a car in NYC on Friday Morning. The bicycle accident happened at the intersection of Classon Avenue and Lexington Avenue in Clinton Hill, Brooklyn, New York. The driver was making a left turn from Classon Avenue onto Lexington Avenue when she hit the 34 year old female bicyclist. According to the NYPD the bicyclist was riding southbound against the traffic. According to StreetBlog, the driver, a 41 year old woman, got out of her car and fainted in the street after she saw the victim. The bicyclist suffered severe head and body trauma and was transported to the hospital where she later died from her injuries.

The accident happened at the entrance of a 20 mph neighborhood slow zone. Classon Avenue has a history of accidents and in 2012 the avenue was completely redesigned to become a one-lane road with broader parking spaces on each side. No bike lane was included in the design.

Read more in Streetblog

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