Parents Of Tribeca Terror Attack Victim Will Sue City: Notice

TRIBECA, NY — The parents of one of the victims in last month's terror attack in Tribeca plan to sue the city, according to a new legal notice filed this week.

Barbara and James Drake, the parents of 32-year-old Darren Drake, filed a notice of claim on Tuesday which indicates their plan to sue the city and other agencies in the wake of their son's death.

Darren Drake was one of eight people killed in last month's terror attack when Sayfullo Saipov drove a rented truck onto the bike path near the West Side Highway in Tribeca, according to authorities. Another 12 people were injured in the attack. Saipov, who has expressed support of the Islamic State group, was indicted on terrorism and murder charges earlier this week.

The Drake family says in their filing that city agencies knew or should have known that the portion of the bike path where the attack occurred was vulnerable and unsafe.

"There were no barriers up to prevent a vehicle from entering the bike path. This is despite the fact the city and state agencies had ample notice that vehicles had entered the bike path on numerous occasions in the past," said Paige Butler, an attorney for the family, in a statement. "These agencies owned and operated the area, and had a duty to take precautions, such as barriers, to protect persons such as Darren Drake."

The notice of claim faults the city, it's transportation and parks and recreation departments, and the Hudson River Park Trust for its maintenance of the bike path. The Hudson River Park Trust is a joint partnership between the city and New York state to maintain the Hudson River Park, which includes the bike path. The notice says that the agencies refused or failed "to recognize that vehicles had access to the bike path," and that more should have been done to limit vehicle access to the bike lane.

The city added concrete barricades to dozens of intersections along the bike path shortly after the attack on Oct. 31.

The Drake family is seeking an undisclosed amount in monetary damages. The New Jersey family has said they would like to eventually create a scholarship fund named for their son.

"This incident was tragic," a law department spokesperson said in a statement. "The city will review the notice of claim."

Image credit: Eduardo Munoz Alvarez/Stringer/Getty Images. Image caption: A man pauses at a barricade next to the scene of Tuesday's terrorist attack along a bike path in lower Manhattan on November 3, 2017 in New York City. Eight people were killed and 12 were injured on October 31 when suspect 29-year-old Sayfullo Saipov intentionally drove a truck onto a bike path in lower Manhattan.