Family Of Man Killed By DSNY Truck Suing For $15 Million
NEW YORK (CBSNewYork) -- The family of a man killed by a garbage truck is suing the city's Department of Sanitation.
The truck was going the wrong way down a street in Brooklyn.
A lawsuit is being filed on behalf of the victim's family back in Mexico. Attorneys are asking for $15 million to help support the family and send a message to the DSNY, CBS2's Aundrea Cline-Thomas reported Tuesday.
MORE: NYPD: Man Struck, Killed By Sanitation Truck Driver In Wrong-Way Crash
Attorneys say 37-year-old Alberto Leal Delores was on his way to work at a 99 cent store on Oct. 11, a job he relied on to support his wife and two children in Mexico. Through a translator, close family friends described the hardship since Delores was killed.
"They are very sad. They lost their father. They don't have any emotional or financial support," Irma Perez said.
Delores was crossing Brooklyn Avenue, near Eastern Parkway in Crown Heights, when police say he was struck by the sanitation truck. Surveillance video shows the truck going the wrong way down Brooklyn Avenue, a one-way street.
The truck driver, 33-year-old Aaron Gilchrist, was arrested at the scene. He's facing criminal charges, including failure to yield to a pedestrian and exercise due care.
But now Gilchrist, the city and the DSNY are named in the $15 million lawsuit.
"I came up with it based on the amount of support Mr. Delores was providing to his family, and in addition on the horrific way in which Mr. Delores suffered. Specifically, when he was dragged," attorney Brett Schetz said.
Gilchrist was suspended for 30 days, the maximum time allowed by law, but he continues to work for the DSNY in a different capacity. A representative from the department said a process is currently in motion seeking his termination.
