Dec. 13, 2013 at 3:06 PM ET
Attorneys for Sian Green, the British tourist who had part of her left leg amputated after being hit by a cab in Manhattan this past summer, have filed a claim to proceed with litigation against New York City seeking damages of $27.5 million, on the grounds that the cab driver’s license should have been suspended before the crash occurred.
"Sian continues to focus on her recovery, which is going well,'' her family said in a statement to TODAY.com. "Because this case is ongoing, it is not appropriate to comment at this time. Sian appreciates the continued support and is working hard to overcome the traumatic impact that this event has had on her life."
On Aug. 20, Green, 24, and her friend, Keshia Warren, were shopping in Manhattan on the second day of their vacation from their home in England when a taxi driver lost control, went up on to the sidewalk and struck Green on 49th and Sixth Avenue. Green’s left foot was severed in the collision, and doctors at Bellevue Hospital amputated her left leg below the knee and treated multiple deep lacerations on her right leg.
Last month, New York City prosecutors announced they would not be pressing charges against 24-year-old cab driver Faysal Himon following a two-month investigation.
In a notice of appeal filed by Green's attorney, Dan Marchese, he claims that the Taxi & Limousine Commission should have suspended Himon’s cab driver license before the time of the accident because he had seven points on his license, but that a computer glitch allowed him to keep driving. By not suspending his license, the Taxi & Limousine Commission “failed to ensure pedestrian safety, and specifically (Green’s) safety and well-being,” according to the complaint.
The Taxi & Limousine commission has admitted that 4,500 cab drivers with more than six violations within 15 months were allowed to keep driving over the last four years because of a computer glitch. Himon continues to drive a cab after returning from a 30-day suspension for unauthorized operation of his vehicle. At a press conference following the collision with Green, Himon blamed a bike messenger who banged on his car for distracting him shortly before he crashed into Green.
He had previously been involved in a crash in 2010 that injured one person and was ticketed for running a red light, speeding and an improper turn in 2011.