New York Firefighter's Suit Over Transit Injury, Tossed

July 7, 2006
A bus slammed into him as he bicycled to work during December's illegal transit strike.

July 7, 2006 -- A firefighter nearly killed when a bus slammed into him as he bicycled to work during December's illegal transit strike lost his suit against the union yesterday.

Matthew Long, released from New York Presbyterian Hospital just a few weeks ago, was set to battle the Transport Workers Union in court.

He asserted that if it hadn't been for the illegal strike, he wouldn't have been bicycling to work, and the private bus that struck him - hired by Bears Stearns to shuttle employees - wouldn't have been on the street.

But Queens Supreme Court Justice Joseph Dorsa ruled the union's violation of the Taylor Law and defiance of a court order wasn't enough to warrant a civil lawsuit.

Citing numerous past cases, Dorsa said the Taylor Law's purpose was not "intended to protect individuals from the negligent acts of third parties - such as the traffic accident, in this case."

Long's lawyer, Christopher McGrath, said he'd appeal.

Long's lawsuit against Bear Sterns, the bus driver and vehicle owners is proceeding.

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