After a young bicyclist was struck by a car in New York City, the Court of Appeals held the city of New York liable for failing to install traffic calming measures in a street the city knew was dangerous. The Court of Appeals decision is related to a crash between a bicyclist and a car that occurred back in 2004 on Gerritsen Avenue in Brooklyn, NYC.
On December 5 2004 around 6:30 pm, 12 year old Anthony Turturro was riding his bike on Gerritsen Avenue. At the time of the accident, Gerritsen Ave was a four lane avenue with two lanes of traffic going in each direction. As he was attempting to cross the avenue at mid-block, the young boy was struck by a car. The driver, Louis Pascarella, was speeding. The police investigation established that when the crash occurred, the driver’s speed was 54 mph, 24 mph over the 30 mph speed limit at this location. Turturro suffered serious injury. The driver pleaded guilty to assault in the second degree.
RECKLESS DRIVING AND SPEEDING