School district sued in Hempstead child's death

A rally was held to demand that a traffic light be installed on South Franklin Street and Burnett Street in Hempstead as well as increased safety procedures and enforcement of traffic laws around Hempstead schools. The rally comes after Nicole Clarke's daughter was fatally struck by a motor vehicle in June. Videojournalist: Chris Ware (Sept. 12, 2013)

The estate of 10-year-old Shamay Braham, who was hit and killed by a car in Hempstead Village in June, has sued the Hempstead school district, a youth center, the owner and the driver of the car, and others.

The action, filed last week in State Supreme Court in Mineola, indicated no dollar figure for damages, but the notice of claim filed in July sought a total of $100 million.

"The school district is involved because Shamay was attending a dance class held by her fifth-grade teacher at Franklin Elementary School. She [the teacher] was working within the scope of her employment at the school," said Jared Levine, the Manhattan lawyer representing Patrick Braham, Shamay's father and estate administrator.


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The teacher, identified in the filing only as Mrs. Griffin, was later fired, Levine said. She also was named in the lawsuit. She could not be reached for comment.

Todd Shapiro, a spokesman for the Hempstead School District, said neither he nor any school official could comment on an active lawsuit.

Levine said that at about 5:30 p.m. on June 14, Griffin gave Shamay permission to leave the class at the Percy Jackson Memorial Youth Center to go across the four-lane South Franklin Avenue to get a soda.

The girl was hit by a car driven by Kathleen Nolan of Rockville Centre. Nolan was not charged in the accident that police attributed to "pedestrian error."

Shamay died on June 20.

Nolan and the car's owner, Denise Desmond Nolan, of Rockville Centre, are also named as respondents. Reached at their home by telephone, a woman identifying herself only as Miss Nolan said she had no comment on the lawsuit.

"There were supposed to be security guards at the door to prevent these children from going in and out of the center," Levine said.

Andre Huff, who heads the youth center, said he could not comment on the lawsuit.

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