“Assumed Risk” by Crossing Street

Discussion in 'Blazers OT Forum' started by SlyPokerDog, Mar 22, 2016.

  1. SlyPokerDog

    SlyPokerDog Woof! Staff Member Administrator

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    NYPD and the city Law Department are fighting a lawsuit filed by the family of a Brooklyn man who was killed in a crosswalk by an on-duty officer, on the grounds that the victim behaved recklessly by crossing the street.
    Felix Coss was crossing Broadway at Hooper Street in Williamsburg, in a crosswalk with the signal, on the afternoon of July 6, 2013, when Officer Paula Medrano of the 90th Precinct struck him with a marked police van while turning left. Coss, a 61-year-old veteran Spanish teacher, suffered severe head injuries and died that night at Bellevue Hospital.

    Video of the crash shows Medrano stopped at the Hooper Street crosswalk on the north side of the intersection as Coss, approaching from the south, stops for the signal. When the light changes, Coss enters the Broadway crosswalk, still facing Medrano, as Medrano accelerates into the intersection and turns left, driving directly into Coss and knocking him to the asphalt.

    The NYPD crash report says Medrano “had the green light,” but does not indicate Coss was crossing with the walk signal and had the right of way.



    The city’s response to the suit says Coss “knew or should have known in the exercise of due/reasonable care of the risks and dangers incident to engaging in the activity alleged.”

    From the city’s court filing:

    Plantiff(s) voluntarily performed and engaged in the alleged activity and assumed the risk of the injuries and/or damages claimed. Plaintiff(s) failed to use all required, proper, appropriate and reasonable safety devices and/or equipment and failed to take all proper, appropriate and reasonable steps to assure his/her/their safety … Plaintiff(s)’ implied assumption of risk caused or contributed, in whole or in part [sic] to his/her/their injuries.
    http://www.streetsblog.org/2016/03/...in-crosswalk-assumed-risk-by-crossing-street/
     
  2. MarAzul

    MarAzul LongShip

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    Geez! It looks like the guy was sitting there waiting to run the guy down. What the hell was the driver doing?
     
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  3. bodyman5000 and 1

    bodyman5000 and 1 Lions, Tigers, Me, Bears

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    I wanna know what proper safety equipment he didn't use to cross the street. An Iron Man suit?
     
  4. Hobbesarable

    Hobbesarable Cartoon Character

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    Makes you wonder if the driver is damn near blind.
     
  5. speeds

    speeds $2.50 highball, $1.50 beer Staff Member Administrator GFX Team

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    She was on her phone.


    I can imagine the result of this had a beat cop been the one crossing and a civilian driving the van. Unfortunate the same standards don't apply to everyone.
     
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  6. Hobbesarable

    Hobbesarable Cartoon Character

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    I just noticed that after reading the linked article.
     
  7. blue32

    blue32 Who wants a mustache ride?

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    Whelp, that is some stupid ass shit right there. That cop should be punished.
     
  8. Natebishop3

    Natebishop3 Don't tread on me!

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    The NYPD has to be the worst police department in the country. LAPD gets so much shit, and somehow NYPD gets away with straight up murder.
     
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  9. rasheedfan2005

    rasheedfan2005 Well-Known Member

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    I was hit almost exactly like this last year but I was in a golf cart on security patrol and a guy on his phone turned left into my cart with the flashing orange light and everything. Like he didnt see me at all. The he pulls over and checks his car for damage instead of seeing if I was alright. I got a decent pay day, not gonna lie.
     
  10. Natebishop3

    Natebishop3 Don't tread on me!

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    Good thing you weren't on your security segway :devilwink:

    [​IMG]
     
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  11. Spud147

    Spud147 Mercy Mercy

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    So they're saying that NYC has wasted millions of dollars over the years buying paint for crosswalks that don't mean anything? And the big winners in this deal are the attorneys making this ridiculous argument. Pay the man's family already!
     
  12. Spud147

    Spud147 Mercy Mercy

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    Did you guys know that this thing is so dangerous even the inventory died on it? True story.
     
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  13. Natebishop3

    Natebishop3 Don't tread on me!

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    True, but that's because he drove it off a cliff.
     
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  14. Spud147

    Spud147 Mercy Mercy

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    Yep, on his own property
     
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  15. oldmangrouch

    oldmangrouch persona non grata

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    The "assumption of risk" language is just legal boiler-plate. They put it in there in case they can find a witness who says the victim was jay-walking, or texting, or intoxicated.
     
  16. rasheedfan2005

    rasheedfan2005 Well-Known Member

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    I tried desperately to get those but all the other fat guys were worried about looking foolish, I thought the comedic gold would be worth it, but ive never taken myself very seriously.
     
  17. 3RA1N1AC

    3RA1N1AC 00110110 00111001

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    I've met the inventor a bunch of times, he is alive and well. He has a weird obsession with denim though.
     
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  18. julius

    julius Living on the air in Cincinnati... Staff Member Global Moderator

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    I believe that the guy who died, Jim Heselden, was the owner of the company, not the inventor. The invvenror, Dean "Don't all me Chris" Kamen is still alive.
     
  19. bodyman5000 and 1

    bodyman5000 and 1 Lions, Tigers, Me, Bears

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  20. SlyPokerDog

    SlyPokerDog Woof! Staff Member Administrator

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    Neither snow, nor rain, nor heat, nor gloom of night, stays these couriers from the swift completion of their appointed rounds
     
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