Preview
FILED: KINGS -...--....
COUNTY --....
CLERK 11/15/2023 05:29 PM INDEX NO. 533694/2023
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NYSCEF DOC. NO. 2 RECEIVED NYSCEF:
RECEIVED
NYSCEF: 09/01/2023
11/15/2023
NYSCEF DOC. NO. 5
- ---- - . ... .. . . ....... riTARYC - - -
Jn the Matter of the Claim of: TRANSIT
...o.......................u--.-.-......... RECElYED
ASTRID EGALITE, as administratrix of the Estate
of LORRAINE HECTOR, deceased, and ASTRID
EGALITE, individually and LORRAINE HECTOR,
RECEIVED
deceased, CLAlFf $
PROCESSING
Claimants, NOTICE OF CLAIM
NEW YORK CITY TRANSIT AUTHORITY D/B/A
MTA NEW YORK CITY TRANSIT, MTA BUS
COMPANY, METROPOLITAN ACCEPTED FOR
TRANSPORTATION AUTHORI7Y (MTA) AND
DAMION S. FOLWER,
NYCTA ONLY
:
Respondents.
TO: NEW YORK CITY TRANSIT AUTHORITY
D/B/A MTA NEW YORK CITY TRANSIT
130 Livingston Street
Brooklyn, NY 11201
MTA BUS COMPANY
Claims Division
2 Broadway
New York, New York 10004
METROPOLITAN TRANSPORTATION
AUTHORITY (MTA)
Claims Division
2 Broadway
New York, New York 10004
DAMION S. FOWLER
616 E. 81st Street
Brooklyn, NY 11236
PLEASE TAKE NOTICE, that the above-named Claimants, LORRAINE
HECTOR, individually, ASTRID EGALITE, individually, and as proposed administratrix of
the Estate of LORRAINE HECTOR, deceased, claim and demand from Respondents,
FILED: KINGS COUNTY CLERK 11/15/2023 05:29 PM INDEX NO. 533694/2023
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 11/15/2023
NEW YORK CITY TRANSIT AUTHORITY D/B/A MTA NEW YORK CITY TRANSIT,
MTA BUS COMPANY, METROPOLITAN TRANSPORTATION AUTHORITY (MTA)
AND DAMlON S. FOLWER ("Respondents"), recompense for personal injuries and
damages sustained by ASTRID EGALITE, individually, and recompense for personal
injuries resulting in death, conscious pain and suffering, pre-impact terror, wrongful death,
and pecuniary loss, sustained by LORRAINE HECTOR, deceased, for which Claimant,
ASTRID EGALITE, appointed administratrix of the Estate of LORRAINE HECTOR,
deceased, on June 29, 2023, by the Kings County Surrogate's Court (See, Exhibit "A") is
entitled, by reason of the wrongful, negligent, reckless, and careless acts and omissions of
the Respondents, their subdivisions, agents, servants, contractors, and/or employees, and
in support thereof, Claimant state the following:
9th
1. Claimant, ASTRID EGALITE's, address is 10541 Flatlands
Brooklyn, New York 11236. LORRAINE HECTOR is deceased. The claimant is
represented by The Barnes Firm, P.C. with offices located at 420 Lexington Avenue, Suite
2140, New York, New York 10170, (800) 800-0000.
2. The nature of the claim is to recover monetarydamages for the
personal injuries, medical expenses, and damages sustained by Claimants, LORRAINE
HECTOR, individually, ASTRID EGALITE, individually, and the persorial injuries and
damages resulting in death, conscious pain and suffering, pre-impact terror, wrongful
death, pecuniary loss, medical expenses, and all other damages allowed by statute and
case law suffered by LORRAINE HECTOR, deceased, for which Claimant, ASTRID
EGALITE, as administratrix of the Estate of LORRAINE HECTOR, deceased, is entitled.
Claimant also expressly reserves the right to make claims under The Grieving Families Act
2
FILED: KINGS COUNTY CLERK 11/15/2023 05:29 PM INDEX NO. 533694/2023
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(Assembly Bill "A6698") for damages under The Grieving Families Act, including but not
limited to, damages for grief or anguish caused by the decedents death, and for any
disorder caused by such grief or anguish; loss of love, society, protection, comfort,
companionship, and consortium resulting from the decedenes death; pecuniary injuries;
and, loss of nurture, guidance, counsel, advice, training, and education resulting from the
decedents death, all of which is suffered and incurred by the decedents surviving close
family members, including her children, ASTRID EGALITE, BOB HECTOR, BETY
'
HECTOR, BESSIERES HECTOR and NADIA HECTOR. Claimant is entitled to the
aforementioned damages due to the negligence, carelessness, and recklessness of the
Respondent in the ownership, operation, control, management and maintenance of a
bus operated by DAMION S. FOWLER with New York license plate AU2074
3. The incident in which personal injuries were sustained by Claimant,
ASTRID EGALITE, individually, and as proposed administratrix of the Estate of
LORRAINE HECTOR, deceased, and LORRAINE HECTOR, individually, occurred on or
about October 13, 2022, at approximately 6:19 p.m. The incident occurred on Flatbush
Avenue at or near its intersection with Glenwood Road, County of Kings, State of New
York. At the time of the incident herein described, Claimant, LORRAINE HECTOR,
deceased, was a pedestrian crossing from the southwest to northwest comer in a marked
crosswalk, when aforesaid bus operated by, DAMION S. FOWLER, attempted to turn
left/west onto Glenwood Road, striking LORRAINE HECTOR, while she was lawfully in the
"B"
crosswalk. Annexed hereto as Exhibit is a copy of the Police Accident Report.
4. Respondents, including their subdivisions, agents, servants,
employees, and/or contractors, were negligent, reckless and careless in their ownership,
1
FILED: KINGS COUNTY CLERK 11/15/2023 05:29 PM INDEX NO. 533694/2023
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 11/15/2023
operation, control, management and maintenance of a bus operated by DAMION S.
FOWLER with New York license plate AU2074; in operating said vehicle in a manner
which unreasonably endangered the claimant; in failing to properly train ifs drivers and
operators; in failing to hire qualified operators and drivers; in failing to maintain their
vehicle; in failing to repair and service their vehicle; in failing to inspect their vehicle; in
failing to do appropriate background checks to perspective employees, operators and
drivers; and in failing to properly, guide, manage, operate and control said bus, in failing
to apply brakes; in failing to see what was there to be seen, in failing to keep a proper
lookout out while turning left, in illegally making a left turn, in illegally making a u-turn, in
failing to wam pedestrian, in failing to honk hom, in failing to properly signal a left tum,
in causing and creating a dangerous condition. Specifically, said bus, operated by
DAMION S. FOWLER, negligently made contact with LORRAINE HECTOR, at the
aforesaid location while she was lawfully in the cross-waik. As a result of Respondents
negligence, Claimant, ASTRID EGALITE, individually, suffered severe and 'serious
personal injuries, and Claimant, LORRAINE HECTOR, was caused to sustain severe and
serious personal injuries, caused to sustain pre-impact terror, upon information and belief,
was conscious prior to succumbing to her injuries,ultimately resulting in death.
5. By virtue of the acts and omissions of the Respondents, including
their subdivisions, agents, servants, employees, and/or contraceors, Claimant,
LORRAINE HECTOR, suffered grave, severe, and serious personal injuries to area of her
body, which caused conscious pain and suffering, pre-impact terror and ultimately
wrongful death. Claimant ASTRID EGALITE also expressly reserves the right to make
claims under The Grieving Families Act, for damages under the Grieving Families Act,
FILED: KINGS COUNTY CLERK 11/15/2023 05:29 PM INDEX NO. 533694/2023
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 11/15/2023
including but not limited to, damages for grief or anguish caused by the decedents death,
and for any disorder caused by such grief or anguish; loss of love, society, protection,
comfort, companionship, and consortium resulting from the decedenes death; pecuniary
injuries; and, loss of nurture, guidance, counsel, advice, training, and education resulting
from the decedents death, all of which is suffered and incurred by the decedents
surviving close family members, including ASTRID EGALITE, BOB HECTOR, BETY
HECTOR, BESSIERES HECTOR and NADIA HECTOR. Upon information and belief,
Claimant will incur further expenses, the amount of which cannot ·be reasonably
Claimants'
calculated at this time. claim for damages is in the amount of One Hundred
Million Dollars ($100,000,000.00).
These claims are hereby presented for adjustment and payment, and in the event
of default of the Respondents to make such adjustment within the time for compliance with
this demand, Claimant intends to commence an action against the RespoIdents involved
torecover the aforesaid sums.
DATED: New York, New York
July 20, 2023
THE BARNES FIRM, P.C.
'® HU C. OLMSTEAD,
Attor e s for Claimants
420 Lexington Avenue, Ste. 2140
New York, NY 10170
(800) 800-0000
FILED: KINGS COUNTY CLERK 11/15/2023 05:29 PM INDEX NO. 533694/2023
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 11/15/2023
VERIFICATION
The undersigned, an attorney admitted to practice in the Courts of New
York State, shows: that deponent is a partner with THE BARNES FIRM, P.C., the
attorney of record for Plaintiff in the within action; that deponent has read the
foregoing Verified Notice of Claim and knows the contents thereof; that the same is
true to deponenis own knowledge, except as to the matters therein stated to be
alleged on information and belief, and that as to those matters deponent believes it to
be true. Deponent further says that the reason this verification is made by deponent
and not by Plaintiff is that Plaintiff resides in a County other than the County In which
deponents office is located.
The grounds of deponents belief as to all matters not stated upon
deponents knowledge is a review of the file, including accident reports, witness
statements, medical records and conversations and conferences with Plaintiff.
The undersigned affirms that the foregoing staternents are true, under
the penalties of perfury.
Dated: New York, New York
July 20, 2023
03rlUA C. OLMSTEAD
!
FILED: KINGS COUNTY CLERK 11/15/2023 05:29 PM INDEX NO. 533694/2023
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 11/15/2023
EXHIBIT A
FILED: KINGS COUNTY CLERK 11/15/2023 05:29 PM INDEX NO. 533694/2023
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 11/15/2023
On the Date Written Below LETTERS are Granted by the Surrogate's Court, State of New York as follows:
File #:-2023-770
Name of Decedent: Loraine Hector Date of Death: October 13, 2022
Domicile of Decedent: Kings County
Appointed: Astrid Egalite
Fiduciary
Address 10541 Flatlands 9th Street
Mailing
Brooklyn NY 11236
Letters issued: LETTERS OF ADMINISTRATION
Limitations: Bond having been dispensed with pursuant to SCPA § 801
The Administrator is restrained from collecting and administering more than $10,000.00 In personal
assets belonging to the decedent without further order from this court.
And said Administrator is hereby restrained from compromising any cause of action until further court
order pursuant to EPTL 5-4.6.
THESE LETTERS, granted pursuant to a decree entered by the court, authorize and empower the
above-named fiduciary or fiduciaries to perform all acts requisite to the proper administration and
disposition of the estate/trust of the Decedent in accordance with the decree and the laws of New York
State, subject to the limitations and restrictions, If any, as set forth above.
.
Dated: June 29, 2023 IN TESTIMONY WHEREOF, the seal of the Kings
County Surrogate's Court has been affixed.
WITNESS, Hon Bernard J Graham, Judge of the
Kings County Surrogate's Court.
Lisa Mathis, Chief Clerk
These Letters are Not Valid Without the Raised Seal ofthe Kings County Sm·rogate's Court
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At a Surrogate's Court of the State of New
York held in and for the County of Kings at
Brooklyn, New York.
PRESENT: Hon, Bernard J Graham, Acting Surrogate
DECREE GRANTING
Administration Estate of ADMINISTRATION
Proceeding,
Loraine Hector File No. 2023-770
Deceased,
A verified petition been filed by Astrid Egalite praying that administration of the goods,
having
decadent be granted to Astrid Egallte and all persons named
chattels and credits of the above-named
required to be cited, having been cited to show cause why such relief should not be
In such petition,
have either failed to appear in response to a served citation or having waived the issuance of
granted,
consented and it appeari_ng thpt.Astrid Egalite Is in all respects competent to
such citatio.r1and thereto;
act as administrator of the estate of said deceased; now it Is
ORDERED AND that Letters of Administration Issue to Astrid Egalite upon proper
DECREED,
qualification and the filing of a bond be and hereby Is dispensed with pursuant to SCPA § 801; and It
is further
ORDERED AND that the of such administrator be restricted in
DECREED, authority
accordance and that the letters herein issued contain, the limitation(s) as follows:
with,
Limitations/Restrictions:
The Administrator is restrain d from collecting and administering more than $10,000.00 In personal
assets belonging to the decadent without further order from this court.
And said Administrator is hereby restrained from compromising any cause of action until further court
order pursuant to EPTL 5-4.6.
323
DATED:
Hon. Bernard J Graham
Acting Surrogate
FILED: KINGS COUNTY CLERK 11/15/2023 05:29 PM INDEX NO. 533694/2023
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 11/15/2023
SURROOATE'S COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
--....-...-------....--.........-------......-----X
Administration Proceeding, Estate of
LORAINE HECTOR DECISION
File No: 2023-770
Deceased.
-....-------.........-------.......--..--.........-...-..x
GRAHAM, A. S.
Jurisdiction has been obtained over all interested parties in this administration proceeding.
No objections have been filed to the Petition and Petitioner appears to be competent to act as
Administrator ofthe Estate. Letters of Administration with restrictions shall issue to the Petitioner
upon duly qualifying,
Decree signed.
Dated: June 19, 2023
Brooklyn, New York
.
.
Hon. Bernard J. Oraham
Acting Surrogate
FILED: KINGS COUNTY CLERK 11/15/2023 05:29 PM INDEX NO. 533694/2023
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 11/15/2023
EXHIBIT B
FILED: KINGS COUNTY CLERK 11/15/2023 05:29 PM INDEX NO. 533694/2023
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