East Texas family files wrongful death suit after son hit by NYC cab

TYLER - An East Texas family has filed a wrongful death lawsuit claiming a New York cab driver was driving too fast and struck and killed their 5-year-old son.

Joseph Keith and Eva Keith, individually and on behalf of the Estate of Timothy Keith, filed suit against on Autumn Cab Corp. and NYC Taxi Group Inc. on Jan. 3 in the Eastern District of Texas, Tyler Division.

The incident occurred on April 14, 2012, as the Keith family -- including 5-year-old Timothy Keith and his parents Joseph and Eva Keith -- were visiting New York City for the first time. All the members of the party were deaf, according to the lawsuit.

Taxi Cab driver Usman Gul, while working for the defendants, was allegedly driving at a high rate of speed through the intersection of Hicks Street and Amity Street in the Cobble Hill area of Brooklyn, N.Y.

The cab struck the minor and caused him to sustain a serious head injury.  According to the lawsuit, the child lived for three days at a New York hospital before he was removed from life support on medical advice and died.

The defendants are accused of negligence for:

• Operating the cab at an excessive rate of speed given the conditions;

• Failing to keep proper lookout at all times;

• Trusting the subject vehicle to Gul;

• Failing to properly train and supervise Gul; and

• Failing to have necessary safety policies and procedures in place regarding the operating of Yellow Cabs in residential, high foot-traffic areas.

The parents are seeking an award of survival damages, wrongful death damages, damages for mental anguish, loss of consortium, direct bystander claims, interest and court costs.

The plaintiff is represented by Jeffrey T. Embry and George Cowden IV of Hossley Embry LLP in Tyler.

Case No. 6:13-cv-00009