The street fix better be in, NY
City on the hook in road-danger suit
The city is going to have to do a better job of fixing dangerous streets or it could be facing a slew of big lawsuits, thanks to a ruling by the state’s highest court in the case of a young boy injured in a 2004 crash.
The New York State Court of Appeals found that the city was 40 percent at fault when Louis Pascarella, who was going at least 54 mph down Gerritsen Avenue in Brooklyn, crashed into 12-year-old bicyclist Anthony Turturro and put him in a coma.
The court said the city was to blame because officials had been warned repeatedly by residents about drivers speeding on the street — but didn’t bother to make any changes.
“The city should have followed up to see if police enforcement had resolved the issue,” wrote Justice Eugene Fahey. “If police enforcement was not controlling the speeding . . . the city should have conducted a traffic-calming study and implemented trafficcalming measures to reduce speeding.”
The judge ordered the city to pay 40 percent of a $20 million judgment to the now-adult Turturro, who suffers from diminished mental capacity and motor function. The city had appealed the original verdict in his favor.
The judge’s order sets a legal precedent that could expose the city to liability in future cases similar to Pascarella’s.
Transit activists hailed the ruling and said they believe it will prompt the city to add trafficcalming measures such as speed bumps to all streets with a history of crashes.
“It’s a game-changing decision that puts the city on the hook to fix known dangerous streets,” said Paul Steely White, executive director of Transportation Alternatives. “It dramatically increases the urgency for the mayor to invest in safe-street redesigns.”
Attorney Steve Vaccaro, who has represented many crash victims, agreed.
“Concerns about traffic and parking have played too great a role in leaving areas without the necessary changes to make them safer,” he said. “Fear of losing parking spaces is not a valid reason to not fix dangerous streets.”
The city said it is already doing what it should to fix city streets through its Vision Zero plan, which launched in 2014.
“The city is firmly committed to Vision Zero investments in street redesigns and enforcement that save lives. No legal decision will change that,” City Hall spokesman Austin Finan said.