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Family of 6-Year-Old Killed By Truck to Sue City for $50M, Reports Say

By Jess Wisloski | March 9, 2013 4:10pm

EAST HARLEM — The family of a 6-year-old  who was struck and killed by a tractor-trailer last week while walking to school with his older brother plans to sue the city and a crossing guard not working the intersection at the time, according to a news report.

The notice of claim was submitted on behalf of victim Amar Diarrassouba's brother, Issouf, 9, who was walking with Amar to P.S. 155 when the truck took the boy's life Feb. 28, according to the New York Post, which first reported on the possible lawsuit.

A spokesperson for the comptroller's office, where "notices of claim" are filed, did not immediately respond to inquiries about the suit on Saturday.

“He [Issouf] could have been killed, witnessed his younger brother being struck and dragged by the truck and sustained traumatic and psychological, mental and emotional injuries,” the notice said, according to the paper.

The boy was killed after the truck sideswiped him while making a right turn at the corner of East 117th Street and First Avenue, at 7:55 a.m. 

The notice names the city, the NYPD, and Flavia Roman, a crossing guard who was not at her regular post at the intersection when the accident occurred, as defendants, the Post reported.

Roman, 55, was suspended without pay following the accident, police said, noting while an internal investigation was going to proceed, she would not likely be facing criminal charges.

Immediately following the death, Sidiki Diarrassouba, the children's father, said he did not blame Roman for the accident and praised her for her service in the community.

Elected officials held a press conference earlier in the week to urge the Department of Transportation to take greater safety measures and ramp up enforcement near P.S. 155.