NY Court Tosses Out Firefighter's Lawsuit Against Transport Union

July 11, 2006 (PLANSPONSOR.com) - A New York Supreme Court Judge threw out a firefighter's suit that blamed the city's December transit strike for his injuries incurred when a private bus ran over him while he was bicycling to work, the Associated Press reported.

Matthew Long, 39, brought the suit against the Transport Worker Union Local 100 in February. He claimed the injury that kept him in the hospital in May, after undergoing 15 surgeries, would not have happened had there been no strike, the wire service reported.

Even though a judge determined that the union breached a New York state law that barred public employees from strikes — the union was fined $2.5 million for the strike,State Supreme Court Judge Joseph Dorsa ruled that the law’s purpose was not “intended to protect individuals from the negligent acts of third parties,” such as a the accident that injured Long.

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Long’s lawyer said he would appeal the ruling, the AP reported.

The suit also sued Bear Stearns & Co., which chartered the private bus that left Long severely injured, as well as two private bus companies and the driver of the bus that hit him, according to the AP. The lawsuit against those parties is pending.

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