A motorist was traveling on Boston Road with the traffic signal in their favor when an FDNY fire truck traveling on East 169th Street, with lights and sirens on, went through a steady red light causing a collision with our client’s vehicle. Our client suffered a serious injury to her leg which necessitated open reduction surgery.
The City of New York filed a motion to dismiss our client’s case alleging the fire truck had the green light when the truck proceeded through the intersection. Joseph L. Decolator defended the motion claiming there was a genuine issue of fact regarding which party had the right of way through the intersection. A Bronx Supreme Court Justice accepted Mr. Decolator’s argument and denied the City’s motion. The case settled against the City of New York at a pre-trial conference for $500,000.