Mong-Guillemin was rushed to the hospital and pronounced dead on arrival. Guillemin was also severely injured in the crash. Mong and Guillemin filed a wrongful death lawsuit against the city last month. The pair specifically blame New York for “...failing to design, construct … and maintain [roads] in a reasonably safe condition thereby creating dangerous and hazardous conditions,” Streetsblog NY reports. They also blame the police for pursuing Mott in the middle of New York’s most densely populated borough over something as minor as a red light infraction.
The city responded by saying no, it’s actually the grieving parents who are responsible for their child’s death for daring to talk a walk with their new baby on a warm summer evening. From Streetsblog:
“Plaintiff culpable conduct caused or contributed to the alleged injuries and the alleged wrongful death,” the city’s Assistant Corporation Counsel Elizabeth Gross wrote in court papers filed late last week in response to a wrongful death lawsuit filed last month by Apolline’s parents, Julien Mong and Marion Guillemin against the city and the drivers involved in the crash. “Plaintiff negligence caused or contributed to the alleged injuries and the alleged wrongful death.”
And after blaming both parents for “negligence” and “culpable conduct” for taking their daughter for a walk on the sidewalk along Vanderbilt and Gates avenue in the gloaming of Sept. 11, 2021, the city twists the shiv a bit deeper by claiming that the parents should have known how dangerous it is to walk along a New York City street — a legal argument that at once seeks to hold the city blameless while also admitting that it is failing to keep the streets safe.
“Any and all risks, hazards, defects, and dangers … were of an open, obvious, apparent, and inherent nature, and were known or should have been known to plaintiff,” the city’s court papers claim
The city’s Law Department also claim that the NYPD had to chase down Mott due to “...the risks to the public, outweighed the danger to the community if the suspect was not immediately apprehended.” Why that driver, who had 160 traffic violations and $14,000 in fines, didn’t present enough of a danger to the community for the city to at least revoke his license wasn’t mentioned in the city’s response. In the city’s Law Department’s opinion, New York’s Department of Transportation and Police Department are completely blameless and immune from the lawsuit. Mott was charged with manslaughter. His next court appearance is set for August 24.