A British tourist who lost her left leg after a cab jumped a curb near Rockefeller Center and careened right into her, plans to sue the city for $27.5 million, saying the hack — who was dueling with a bike messenger when he lost control — should not have been allowed behind the wheel.
“The Taxi and Limousine Commission should have suspended his license BEFORE the time of the accident,” victim Sian Green’s attorney, Daniel Marchese, wrote in his notice of claim filed with the city comptroller’s office. The filing is a precursor to lawsuit.
Three-year cabbie Mohammed Faysal Himon, 24, had seven points on his license and due to a computer glitch the TLC “failed to ensure pedestrian safety, and specifically, Sian Greens’ safety and well being,” according to the filing.
Marchese told The Post Green is seeking justice in civil court after the Manhattan District Attorney declined to bring motor vehicle or criminal charges against Himon for his road rage, which he admitted to The Post in an interview two days after the horrific accident.
“She was very dismayed that the DA didn’t file charges against the driver,” Marchese said of his 25-year-old client, who lives in the northern England city of Leicestershire. “On a visceral level she wanted the justice system to really take charge.”
Green had her left leg amputated, suffers from a traumatic brain injury and severe nerve damage to her right leg following the Aug. 20 incident when Himon drove his cab into her on the sidewalk at Sixth Avenue and 49th Street.
Himon had angled his steering wheel toward the courier and slammed his foot on accelerator, causing the cab to hit the curb and “violently strike” Green, according to the documents.
Marchese said his client lost 47 days of work from the accident and has only been able to return to her job as a sales associate for the clothing designer Hugo Boss “in a limited capacity.”
He said the $27.5 million figure is based off the highest jury verdict in the state over the past seven years, awarded to a victim with similar life-altering injuries.
After a two-month investigation the DA determined last month that there wasn’t enough evidence to bring a case against Himon.
A spokeswoman for the city’s Law Department said, “We will review the claim.”
Himon, a native of Bangladesh who has been in the United States for nearly five years, admitted he flew into a fit of road rage when he and bike messenger Kenneth Olivo crossed paths.
“He was in my way and I got upset,,” he told The Post in August, saying he leaned on his horn.
“He started pounding on my car with his hands and was yelling things at me. I suddenly felt like I had to get out of there. It was becoming a bad situation. So I accelerated to get in front of him.”
At that point, “everything becomes cloudy,” Himon said, as he crashed into Green, who was munching a hot dog with her best pal, Keshia Warren, at the northwest corner of Sixth Avenue and 49th Street, across the street from Radio City Music Hall.
“I don’t know how, but I just lost control of the car,” Himon said. “I was in shock. When I crashed, I didn’t even see the lady. At first, I didn’t think I hit anyone, then I saw her foot by my car. I can’t get it out of my mind.”
Additional reporting by Frank Rosario