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  • Astrid Egalite As Administrator Of The Estate Of Lorraine Hector v. New York City Transit Authority D/B/A Mta New York City Transit, Damion S. FowlerTorts - Motor Vehicle document preview
  • Astrid Egalite As Administrator Of The Estate Of Lorraine Hector v. New York City Transit Authority D/B/A Mta New York City Transit, Damion S. FowlerTorts - Motor Vehicle document preview
  • Astrid Egalite As Administrator Of The Estate Of Lorraine Hector v. New York City Transit Authority D/B/A Mta New York City Transit, Damion S. FowlerTorts - Motor Vehicle document preview
  • Astrid Egalite As Administrator Of The Estate Of Lorraine Hector v. New York City Transit Authority D/B/A Mta New York City Transit, Damion S. FowlerTorts - Motor Vehicle document preview
  • Astrid Egalite As Administrator Of The Estate Of Lorraine Hector v. New York City Transit Authority D/B/A Mta New York City Transit, Damion S. FowlerTorts - Motor Vehicle document preview
  • Astrid Egalite As Administrator Of The Estate Of Lorraine Hector v. New York City Transit Authority D/B/A Mta New York City Transit, Damion S. FowlerTorts - Motor Vehicle document preview
  • Astrid Egalite As Administrator Of The Estate Of Lorraine Hector v. New York City Transit Authority D/B/A Mta New York City Transit, Damion S. FowlerTorts - Motor Vehicle document preview
  • Astrid Egalite As Administrator Of The Estate Of Lorraine Hector v. New York City Transit Authority D/B/A Mta New York City Transit, Damion S. FowlerTorts - Motor Vehicle document preview
						
                                

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FILED: KINGS -...--.... COUNTY --.... CLERK 11/15/2023 05:29 PM INDEX NO. 533694/2023 .. --- . .......-- ---- ..- . -- -.., ..-, ...., 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 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 11/15/2023 (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 FILED: KINGS COUNTY CLERK 11/15/2023 05:29 PM INDEX NO. 533694/2023 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 11/15/2023 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 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 11/15/2023 Page1 of 4 Pages NewYork6tate Departmeritof MotorVehicles anne - POUCEACCIDENTREPORT(NYC) 070 MV-104AN (7/H) 45 acektant No. ConlpleN · MV-2022-070-001058 Nuneer zon-To-easess O MGTEIMSER-TuTeEM _' Dayorwealt NigtsyTune No.le)red No.IGled Nhsuged st h Pheles 1.enScene PoAce 20 13 22 THURSDAY 18 : 19 1 O 1 10 UvEHicLE OsicYcLlsTEicPEDEsTRiANL..f OTHERPEDESTRAN VEHICLE1 StabofUS. VEHICLE" Driver StateofLic. VEH§CLG B-Drher 2 NY 1.isons" IDNumber Usum 10Nuneer 340394223 .. 1 agve,name 4,ecay assername.ematiy LORAINE esymatedonnamme FOWLER, DAMION, S aspdaled onneenseBECTOR, NwnborE Sheen ApLNo. Addresarcfulfe AFLNo. Address(budude NumberSStreeG 50 KENILWORTH PLACE 4G 616 EAST 81 STREET SInte ZÞCose CityorTeen State ZipCode CityorTown NY 11236 BROOKLYN NY BROOKLYN Puldie Sea UnlicensAd Na of Pubic Birth Get Unlicensed Na of 3 e 1 d 2 1 as 2 F ed 3 19 s M (1 Eli Sox Inth aspñniedonregistraltm S"s Narne-exactlyasJrintedo nreg1seudon Name"essily Nonet y Year Mongh Day Yaar FONLER r DAMION f S M 9 30 as R Address fAenber (inclugfe 4 Spee0 Act No. Har. |Released 23 Address gechnfo NIAN$er4Srnrefj Apt No. Mar.. 1 44 e a 750 ZEREGA AVENUE Stalp Code State 21 Cada CityorTown 21p CityofToum BRONX NY 10/7 3 Velildehpm Ins.CodePlataNumber Year& Make StateofReg.Vehicle Vehlela Type Ins.Code PlateNurg$ar Year&Make StalaofMag,Vehlele AU2074 |NY 2On NEW FIaYER BUS 994 Ticket/Anast TickettAment Number(s) . Number(nj Illolafen Violellon Sociian(s) section(s) CliockiIinvolvedvehicleIs: CheckIfinvolvedvehicleis: Circlethe diagrambelowthat describesthe accklont or drawyourown 3 6 Omore11tan 95 IncheswMe: O morether195 Incheswide: diagrainIn space119.Numberthe vehickng. V Omore man34festions; V Omare than34 feet long; RearEnd Let Tura RightAngle RightTom HeadOn .- 2 E operatedwilli anovosweightpermit operated wW1 an ovendlmenslort parr