The United Nations General Assembly is in full session here in Manhattan. Leaders from around the world have gathered in New York to deal with a host of international issues. But unrelated to the actual developments at the United Nations Headquarters, Harford, P.C. has just filed a personal injury lawsuit in the Southern District of New York against the Permanent Mission of Nigeria to the United Nations (the “Mission”).
The Mission maintains offices in Manhattan and has six committees within the General Assembly.
The lawsuit against the Mission alleges causes of action for negligence and for negligent hiring/supervision of its drivers. The Complaint states that the Mission employed a driver to transport its representatives in a vehicle with an expired registration and insurance, and at the same time, negligently crashed into a pedestrian walking within a designated cross-walk in midtown Manhattan.
The driver was cited at the scene of the accident for violating “New York City Right of Way Law” under New York City Administrative Code §19-190(b). The pedestrian, also the plaintiff in the action, suffered severe injuries from the collision, including emergency treatment and surgical intervention. Interestingly, the complaint further claims the driver was previously sued in another action for causing injuries while operating another livery vehicle and has a number of previous driving infractions.
The complaint asserts that the Mission is not immune from the litigation pursuant to exceptions listed within the Foreign Sovereign Immunities Act (28 U.S.C. §§1605-1607).
The action has been assigned Judge Paul G. Gardephe and Magistrate Judge Debra Freeman. An initial pre-trial conference is scheduled for January 17, 2019. Personal service will also need to be executed on the Mission at its Ministry of Foreign Affairs offices in Abuja, Nigeria.
