DISGRACE: Amar Diarrassouba’s (inset) family is suing the city over the 6-year-old’s death because crossing guard Flavia Roman was AWOL when he was killed, although she showed up later (above in vest). (Seth Gottfried)
The family of the boy struck and killed by a truck on his way to an East Harlem elementary school plans to sue the city and the crossing guard who wasn’t at her post for $50 million, The Post has learned.
A “notice of claim” was filed with the Comptroller’s Office on Thursday on behalf of Issouf Diarrassouba, 9, who was accompanying his 6-year-old brother, Amar, across First Avenue at East 117th Street on Feb. 28 when the smaller child was fatally sideswiped by a tractor trailer leaving a nearby shopping mall.
“He could have been killed, witnessed his younger brother being struck and dragged by the truck and sustained traumatic and psychological, mental and emotional injuries,” the notice said.
The city, the NYPD and absent crossing guard Flavia Roman were all named as defendants.
The notice charged that Roman “deserted her post, abandoning the children who were promised her protection.”
Daniel Kim, the family’s lawyer, told The Post it was “shocking” she could have gone AWOL without anyone in authority noticing.
“She lied that she was on a bathroom break,” he said.
“It’s not a volunteer position. The city should have a better system in place.”
Attempts to contact Roman at her home yesterday were not successful.
Her inclusion in the legal action was something of a surprise because Amar’s mother appeared to have absolved her of guilt in comments two days after the horrific accident.
“We do not blame her,” Mehichta Diarrassouba was quoted as saying. “She didn’t make the accident happen. She should have been there . . . but I don’t blame her for the death.”
City lawyers issued a brief response to the notice of claim — the first step in a lawsuit — that included a message of condolence.
“The city deeply sympathizes with the family,” said a spokeswoman for the Law Department. “We will review the claim.”
In a separate action, the Diarrassouba family filed a lawsuit in New Jersey against the trucking company, McLane Foodservice Distribution, and the driver, identified as Robert Carroll Jr., also for alleged negligence.
Amar was walking “just a little ahead of his brother” when tragedy struck and the truck hit him, according to the court papers.
The two were crossing with the light, the papers said.
Amar’s destination, PS 155, was just a few hundred feet west on East 117th Street.