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The father maintains that the child must have seen the accident

On December 12, 2005, at the intersection of Broadway and Myrtle Avenue in Brooklyn, New York, a small girl child of only three years old was being pushed in her stroller by her father while her mother walked in front of them. When her father stopped to reposition her in the stroller, his wife was just a few steps in front of them on the sidewalk. When he stood up and turned around, she was gone. It soon became clear that she had become caught up in the rear wheels of a dump truck that was turning the corner at about the time that she reached it. It is not known if the small child saw the commercial truck accident or not.

The father maintains that the child must have seen the accident. He claims that his wife must have tripped on a loose sewer grate at the corner and fallen into the rear wheels of the truck. He brought out an expert witness who stated that if she had been standing still, or standing at all the injuries would have been to her hip area and not to her head area. There were no eyewitnesses to the actual impact between the truck and the pedestrian.

The woman who made the 911 call stated that the woman in front of her had fallen. A man across the street from the accident stated that he did not see the impact, but that he did see a woman flying through the air and thought that it was a doll or dummy, and not a real person. The driver of the dump truck did not see anything until after the accident. There is no criminal action pending.

The Court ruled in this case that there are no witnesses to what happened to this woman. We can only guess how she managed to end up in the rear wheels of the commercial dump truck. The Court further adds that in order for anyone to determine who is at fault in this accident, there has to be more information. Since the court was asked for summary judgment as to any liability that the city of New York may have in reference to this case, the summary judgment was granted. There is no documentable or physical evidence that shows that the victim tripped on a loose sewer grate before she made contact with the dump truck and suffered personal injury. Therefore, the city of New York holds no liability. The case will go forward to trial as far as liability of the driver of the dump truck.

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