The trucking company involved in the death of a 4-year old at a busy Central Avenue intersection in Februaryis seeking to add the city of Albany and a crossing guard to a wrongful-death lawsuit.
ICS of Albany and driver James Kelly have filed a complaint in state supreme court seeking to have the city made liable if there is a civil judgement aganst them.The Times Union reports ICS and Kelly say the crossing guard assigned to Central and Quail was at least partly to blame for Ashiqur Rhaman's death. Police video of the incident showed the child holding his mother's hand as they crossed with the green light.
The paper says Kelly claims to always have relied on the crossing guard for an “all-clear” and on the day of the accident, observed that she was present, but standing on the corner speaking to pedestrians. That allegation conflicts with what the mayor's office told WAMC at the time of the accident: that the crossing guard was helping someone else in the parallel crossing lane at the other side of the intersection.
Kelly has not been charged with any crime - a spokeswoman for District Attorney David Soares said Monday the investigation is ongoing
