Crossing Guard’s Bathroom Break Results in 6-Year-Old Boy’s Death

By Rheingold Giuffra Ruffo & Plotkin LLP

By Indhira Benitez

Six-year-old Amar Diarrassouba was crossing the street on his way to school when he was reportedly struck and killed by a tractor-trailer truck in Harlem last week. Young Amar was just one block from his destination, P.S. 155, as he crossed a busy avenue with his 9-year-old brother just before 8 a.m. Thursday morning. According to New York City police, the unidentified driver was making a right turn with his rig on to the avenue and claims he did not see the child.

The 55-year-old crossing guard Roman Flavia, was not at the scene of the accident due to allegedly taking a bathroom break. According to police investigation, Flavia was in fact allowed to take a mini break but should have noted her temporary absence in a ledger, which she failed to do. She has since been suspended from her position pending further investigation, with the belief she may have never even showed for work at all that morning.

Negligence within any scope is unacceptable. In this case, Flavia’s lack of exercising due diligence led to the death of a young boy. This tragic story displays how negligence, despite of how minimal it may seem at the moment, can lead to devastating results. At our firm, we are well aware of the hazards posed to New York City pedestrians by the dangerous streets. We litigate in all the boroughs of NYC, as well as the entire state of New York.

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