After Hitting Pedestrian in Crosswalk, NYPD Claims It Wasn’t Their Fault

Updated:

Felix Coss, a 61-year-old beloved Spanish teacher was struck by an NYPD van and killed in Williambsurg back in July of 2013.

Nearly three years later, the NYPD says it was his fault.

Coss was crossing Broadway at Hooper Street in Brooklyn when he was hit by a marked police van, which was making the left turn onto Broadway. He was in the crosswalk and had the signal indicating it was safe to cross when Officer Paula Medrano of the NYPD’s 90th Precinct struck him.

They're supposed to be holding people accountable for breaking these laws.
Andrew Levine, lawyer

Surveillance footage posted to YouTube shows the marked police van stationary, awaiting the green signal to make the left. When the signal changes, Coss begins to cross, walking toward the left-turning van and within seconds, Coss is shown being hit by the van, immediately being knocked to the ground.

The Daily News reported that a witness claimed to have noticed officer Medrano holding her cell phone to her ear upon making the turn—but the NYPD has yet to issue any summons or violations after the incident.

The family contacted Lawyer Andrew Levine, and immediately filed a civil suit against the NYPD—in which, Levine says the department has been very resistant in cooperating in the suit.

In an interview with Epoch Times on March 23, Levine expressed outrage over the situation the Coss family has been dealing with.

Somehow, when it's their fault, they aren't being arrested or even ticketed. It's outrageous.
Andrew Levine, lawyer

“They’re supposed to be holding people accountable for breaking these laws and somehow, when it’s their fault, they aren’t being arrested or even ticketed,” said Levine. “It’s outrageous.”

He added: “It’s ironic that the mayor is on television everyday talking about pedestrian safety and ‘Vision Zero,’ and here are the people supposed to be enforcing these safety measures, breaking them.”

Levine also shared with Epoch Times the NYPD’s defense. Here is a clipping, taken directly from the statement:

“Plantiff(s) voluntarily performed and engaged in the alleged activity and assumed the risk of the injuries and/or damages claimed. Plaintiff(s) failed to use all required, proper, appropriate and reasonable safety devices and/or equipment and failed to take all proper, appropriate and reasonable steps to assure his/her/their safety. Plaintiff(s)' primary assumption of risk solely caused his/her/their injuries and/or damage and defendant(s) owed no duty to the plaintiff(s) with respect to the risk assumed.”

An NYPD crash report, also obtained from Levine, states officer Medrano “had the green light,” but fails to say the teacher crossed with his walk signal, or had the right of way.