In April of this year, a minivan carrying a family jumped a barrier on the Bronx River Parkway and plummeted over the side, into the Bronx Zoo. Seven family members were killed in the crash, leaving behind mourning loved ones.
The husband of one of the victims of this crash has filed a notice of claim against New York City. In it, he asserts that the roadway is unsafe, and has been for quite some time. The notice alerts the City that a lawsuit can, and most likely will, be filed by the husband.
General Municipal Law section 50-e dictates that a notice of claim is a condition precedent to filing a lawsuit against a public corporation, municipality or municipal officer. This means that before any lawsuit is filed, the notice of claim must be served on the city in a timely manner. According to subsection 1(a) of section 50-e, notice must be served “within ninety days after the claim arises; except that in wrongful death actions, the ninety days shall run from the appointment of a representative of the decedent’s estate.” As the original accident occurred on April 29 of this year, the husband is within the statutory timeframe to provide timely notice. It is unclear at this time the full extent of the damages that the husband will seek.