A Queens mom has sued New York City for a missing stop sign that caused the Uber she was riding in to crash, injuring herself and her one-month-old son. The mother, Oddeth Davidson, was traveling with her infant son, Kaiden Brown, in a ride-share vehicle when another car T-boned the Uber in Cambria Heights at the intersection of 225th street and 120th Avenue on January 11, according to the New York Post. According to the lawsuit, the Department of Transportation’s negligence in failing to replace the stop sign, which had allegedly been missing for several months, caused the accident and should, therefore, be responsible for the damages.
In total, Davidson is suing for $45 million in damages – $30 million for her child’s injuries, $10 million for her own injuries, and $5 million for the anticipated costs of caring for her brain-damaged child. The car accident left the young infant with traumatic brain injuries, seizure disorder, and a neck injury from the crash, according to the New York Post. “He is under the care of a neurosurgeon and a pediatric neurologist. This could be catastrophic and affect him for the rest of his life,” Davidson said of her infant child.
While the mother’s injuries were less serious, she is still seeking damages relating to the emotional suffering caused by the accident and her inability to work since she must now take care of her brain-damaged child. “I’m very depressed. My son is still bleeding from his brain, and he’s in a lot of pain,” the mother said.
The stop sign at the intersection had apparently been missing for months, according to the New York Post. Numerous neighbors reportedly complained to 311 and the local community board in about the missing stop sign, and the danger it posed to drivers and pedestrians in the area. The New York City Department of Transportation, named in the lawsuit, finally replaced the sign hours after the horrific car crash in January. According to the DOT, there had been no previous complaints about a missing stop sign at the intersection but will “review the documents” related to the lawsuit. Either way, the lawsuit alleges that the city had “constructive notice” of the missing stop sign – meaning that because the stop sign had been missing for so long, the city’s failure to notice and replace a stop sign in a relatively busy intersection should constitute negligence, even without warnings from the local residents.