Negligence Claim Tossed in Young Girl's Death

The family of a 4-year-old killed by a driver fleeing police in 2013 will only receive $150,000 from the city.

Ariel Russo and her grandmother were hit by Franklin Reyes as they walked to the girl's school on the Upper West Side.

City lawyers were able to use the fact that Russo's grandmother was unable to call 911 following the accident to get a key part of the lawsuit thrown out.

The judge ultimately dismissed the negligence claim based on a four minute ambulance delay because neither the victims, nor a blood relative called emergency services.

Under established case law, to support a negligence claim the call to 911 must come from either the injured party or a direct relative.

In March, Reyes accepted a judge's offer of a three to nine year prison term in exchange for a guilty plea.

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