Attorneys representing the city of New York have filed for a change in venue in the lawsuit of a blind Birmingham attorney, Richard Bernstein, who was injured after being struck by a motorcycle in Central Park. Bernstein spent over 10 weeks at Mt. Sinai Medical Center Hospital recovering from a shattered pelvis and other injuries after being hit from behind by a motorcyclist at 35 mph.
The injured man filed a lawsuit in a U.S. District Court in Detroit against New York City and the city’s Department of Transportation on Sept 13th. He is not seeking compensation, but instead seeks enforcement of speed limits for cyclists in the park and for the park and city to implement necessary changes to ensure the safety of the blind and disabled within the park. Bernstein claims because bicyclists can ride around the ring of the park that pedestrians have to cross, those with vision impairment or mobility issues are at risk of injury. He is seeking safe access points.
Bernstein plans on opposing the city’s attempt to move the case to federal court in Manhattan. According to the attorney, the federal court system was designed with the ability to handle cases across state lines, but when Congress rewrote the rules on jurisdiction it was “silent on public entities”, such as New York. Therefore, the decision on this motion will set precedent on how jurisdiction will apply to municipalities or public entities.
“If New York wins this motion, it will devastate civil and disability rights because most people will not be able to handle the expense and the back-and-forth travel to a different jurisdiction.”
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