The family of 4-year-old Ariel Russo is planning to file a $40 million lawsuit against New York City and its emergency responders, the New York Daily News reported.
Russo died on June 4 in a car crash on the corner of W. 97th St. and Amsterdam Avenue in the city's Upper West Side after another child and his mother were hit my an unlicensed teenage driver, Franklin Reyes, who later fled the scene of the crime.
As the teenager attempted to flee, his black SUV jumped the curb and hit Russo and her grandmother.
The complaint claims emergency responders - including the NYPD, FDNY, and Emergency Medical Services teams - were negligent and careless, referring to the nearly 10-minute delay it took them to arrive to scene.
According to the Daily News, it took over four minutes for an ambulance to be dispatched to the scene, and then an additional three minutes and 52 seconds for the emergency vehicle to arrive.
The Fire Department blamed the delay on human error, according to Newsday.
"It took too long for them to get there," the grandmother, Sofia Russo, told The News. "No other child should die because it takes too long. The ambulance system has to be fixed for the children in New York."
The claim was filed on Wednesday and included Franklin Reyes's parents.
Sanford Rubenstein and Ira Newman, who intend to work with the family to the fullest extent, are representing the Russo family.
"This is a terrible tragedy which never should have happened," the lawyers said in a statement. "We intend to hold accountable all those responsible civilly, and the family is fully cooperating with the Manhattan district attorney's office."
The grandmother testified before a grand jury from her hospital bed where she is nursing a broken leg.
Russo was buried on Monday in her ballerina dress, along with her teddy bear and favorite doll.
