Our New York Employment Lawyer has been asked to comment on the recent tragic car accident involving Bob Simon, award-winning 60 Minutes correspondent from an employment law perspective. As way of background, last week, Mr. Simon was a passenger in a livery Lincoln Town Car when he was killed in a car accident in New York City. It has been reported that Mr. Simon’s driver, Mr. Abdul Fedahi, allegedly sideswiped another car and crashed ino a metal median. Mr. Simon and Mr. Fedahi reportedly were crushed in the accident and had to be removed from the car. Mr. Simon was taken to Mount Sinai Roosevelt Hospital and pronounced dead and Mr. Fedahi survived and is recovering from two broken legs and a broken arm. Mr. Simon’s death was a tragedy and may have avoidable according to certain details about Mr. Fedahi’s employment reported by the media. In general, in New York, a claim for negligent hiring or negligent retention may occur when an employer places an employee in a position to cause foreseable harm, harm which the injured party would probably would have been spared had the employer taken reasonable care in supervising or retaining the employee. One of the key elements to show is that the employer knew or should have known of the employee’s propensity for conduct that caused the injury. Here, in Mr. Simon’s case, a number of items that have been reported could have raised concerns to Mr. Fedahi’s employer — below is a list of the some reported details —
1. Bob Simon was traveling in a Livery Lincoln Town Car driven by Abdul Fedahi.
2. Mr. Fedahi reportedly told the police that he blacked out after being hit.