$136M Powerball winner sued for 'dooring' cyclist

Jun 22, 2015, 11:27 am (105 comments)

Powerball

Anthony Perosi Jr. wasn't the only one who got lucky when he scored a $136 million Powerball win — so did a bicyclist who got doored by his pickup.

The Staten Island plumber is being sued by Kieran Del Pasqua, who says he was sent flying when Perosi opened the door of his Ford F150 in a bike lane in Park Slope, Brooklyn.

The 40-year-old Internet exec had no chance to stop in the May 27 accident and slammed into the door, his Brooklyn Supreme Court lawsuit says.

He required surgery and now has screws in his elbow, the suit says.

Now he is going after Perosi, 56, who got a $39 million lump-sum payout after taxes.

"Lottery winners may feel and act carefree, but like the rest of us, they still owe a duty of reasonable care for the safety of their fellow citizens," said Del Pasqua's attorney, David MacCartney.

"Good luck is no substitute for careful driving and responsible behavior."

Del Pasqua filed the suit five days after Perosi's lottery win was announced, but MacCartney said his client had no idea at the time.

He wouldn't say how much money Del Pasqua is asking for, but noted he could go after the $16 million cut the plumber gave to his son, Anthony III.

Del Pasqua, a design director for the music-streaming service Spotify, hasn't been back to work since the crash and faces an uphill battle to regain use of both arms, MacCartney said.

Days after the crash, Del Pasqua's wife, Sandra Fransen, called Perosi to get information for an accident report.

Perosi acknowledged opening the door on Del Pasqua but "scoffed" at his injuries, telling Fransen he "barely left a scratch on my door," court papers say.

Perosi also hung up on police when they called for the same information, the suit says.

Del Pasqua declined to comment. Perosi didn't respond to messages.

Anthony III said he knew nothing about it.

"What he does is his own business," he said.

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NY Post

Comments

Raven62's avatarRaven62

My, my the cyclist couldn't see the big red truck and ran into it while cycling... Oh please!

noise-gate

That didn't take long. When there's blood in the water,  sharks start circling. .

gocart1's avatargocart1

OK..  So someone knows the smell of money..This is why I'll go into hiding for a few months if and when I hit a jackpot..PartyUS FlagParty

music*'s avatarmusic*

 I will take taxi's because I will be able to afford to. Especially to and from the Lottery office. Everywhere else also.White Bounce

dpoly1's avatardpoly1

BAN BIKE LANES

Smash

RedStang's avatarRedStang

If it was the Chinese delivery man he would of picked up the Egg rolls and kept going.

mikeintexas's avatarmikeintexas

Some good advice before you claim your JP win is to consult a good investment adviser, talk to a lawyer, get advice from a tax accountant - things like that, "get your ducks in a row".  I've always thought a consultation with your insurance agent should be on the list too...specifically about increasing liability coverage on your vehicle for cases just like this as well as that on your home, just in case someone "trips on a crack" in your sidewalk.

maximumfun's avatarmaximumfun

and this is why winners should get at least 5M$ in umbrella insurance!  Not only is his truck BRIGHT RED, it also is big.  The chances of someone NOT seeing that truck unless the bike rider were riding blind - are pretty slim.  UMBRELLA INSURANCE!

mypiemaster's avatarmypiemaster

This is total BS. just trying to get paid. This is what happens when the whole world knows you won the JP. Was the bike propelled by rocket boosters? Thumbs Down

Sorrento's avatarSorrento

Very tacky of the lawyer to mention he was a lottery winner.  What does that have to do with what happened?  It could have been a penniless person being careless too.

BellasBMWLucki

Quote: Originally posted by music* on Jun 22, 2015

 I will take taxi's because I will be able to afford to. Especially to and from the Lottery office. Everywhere else also.White Bounce

lol I LOVE drivin the car i have, HOWEVER, yep. This...right here, car service works wonders at times! 

I see this man settling. I don't know why , but i am seeing him settle $$$ sooner than later,for the early 40s young man whose

injured.adios

joshuacloak's avatarjoshuacloak

If you win the lottery , I highly suggest you do what few smart Russians  do. Get a dashcam recorder.

There are lowlifes in every walk of life, you got to protect your self if become a target for them.

noise-gate

Quote: Originally posted by RedStang on Jun 22, 2015

If it was the Chinese delivery man he would of picked up the Egg rolls and kept going.

That's a fact. A few year's ago l saw this guy step into oncoming traffic at an intersection and was hit, from talking to some folks at the scene: the driver " was at fault" because regardless- when a person is hit; someone has to pay. I call that irresponsible behavior. Jr may well have acquired an Attorney after Mac- cart ran off at the mouth with his " these lottery winners. ."

**** This is just another reason why I love Anonymity. 

Bleudog101

Every lottery winner or people of means should consider getting an LLC.  Over the years I've seen several winners pictures and as an example it will say Johnson LLC.  It makes it hard or sometimes impossible to get to someone's assets.

noise-gate

Quote: Originally posted by Sorrento on Jun 22, 2015

Very tacky of the lawyer to mention he was a lottery winner.  What does that have to do with what happened?  It could have been a penniless person being careless too.

Probably attempting to get Jr to Settle. 

psykomo's avatarpsykomo

Banana WOW Banana............

Anthony Perosi, U got $39 mil outta $136 million won<<<<<<<<<<<<<<<<<<............Congrats, but don't spend it ALL on a bicycle>>>>>>>>>>>>>>>>>>>>>>>>>Better yet, Psyko can give U a good Cannondale 4 FREE & have

2 left 4 me!!!!!!!!! Anyway....counter sue D sucker 4D $136 million cause he scrached UR truck doorChair>Bang Head>Hit With Stick !!!

                                                      Party  Jack-in-the-Box    Party 

TheGameGrl's avatarTheGameGrl

Quote: Originally posted by Bleudog101 on Jun 22, 2015

Every lottery winner or people of means should consider getting an LLC.  Over the years I've seen several winners pictures and as an example it will say Johnson LLC.  It makes it hard or sometimes impossible to get to someone's assets.

LLC are not bullet proof from lawsuits, particularly when injury is involved.

The bottom line here is this: Reasonable efforts by both the rider and the Owner of the vehicle.  Did the rider attempt to avoid the incident? Had the driver at the time been aware of his cautionary efforts in opening and closing the door. Variables were in play and any good judge would address both sides on cautionary efforts. 

We are human first, capable of injury or great deeds, money doesn't change that....

savagegoose's avatarsavagegoose

thats why you always get chaufered when  you win big, and you  lease your house. then gold diggers can sue the  car company and property owner not you.

noise-gate

Quote: Originally posted by savagegoose on Jun 22, 2015

thats why you always get chaufered when  you win big, and you  lease your house. then gold diggers can sue the  car company and property owner not you.

Right Goose- leasing a property does not absolve you of responsibility. People in Stockton who walked away from their homes during the Countrywide Real estate collapse were not off the hook- they still had to pay despite not living in those houses anymore. Lease companies are not idiot's, they looked at all the angles before going into the business.They cannot be left holding the bag for their clients lack of vision. Read the fine print next time you lease Anything. ..

haymaker's avatarhaymaker

W/ a big win you need a lawyer anyway, be sure to get one that can take care of this kind of stuff, have them on retainer.

One thing I'm sure they'll tell you is that you need insurance w/ an excessive claims clause.

 

Fed up w/ people on bikes that think they're bulletproof !

hearsetrax's avatarhearsetrax

all the more reason to invest in heavy metal or something high speed & goes just about any whar

 

antique store license plates are mandatory

Gleno's avatarGleno

Let's hope for both of them that Mr Perosi,Jr. has good liability coverage for this accident.

His Insurance co is going to have to defend the lawsuit.

Mr Perosi best seek legal counsel to make sure his Auto Carrier defends the case in good faith and let's him know in advance if his policy limits  will be exhausted by the damages, which in all probability will occur.

If the verdict exceeds the limits of his policy, hope his personal attorney defends him as well so that all his winnings are not all awarded to the Plaintiff.

Those bikes can sometimes sneak up even if you check for clearance, either with the side view mirror, or gradually opening the door, ever so slowly to peak out for cyclists. 

NY is a pure comparative negligence state. The Jury in NY will no doubt, award the Plaintiff a big award for his injuries, loss of income, and consortium. 

Yeah, we always have to be careful when operating a motor vehicle.

Unhappy

grwurston's avatargrwurston

A perfect example for why jackpot winners should be allowed to remain anonymous. If your win is publicized, some one, somewhere, some how, is going to be looking for a payday.

Now, common sense tells me, if I'm on a bicycle in a bike lane, and I DON'T want to run into someone's car door, I ride far enough away from the cars that it won't happen. DUH!!!

It is the same thing you do when walking down the aisle of a parking lot. If you hear a car motor running, a car start up, or you see a cars back up lights come on, you either stop, or move out toward the middle of the aisle so the person doesn't back up into you. Because there may be a good chance the person does not see you. You can't just assume the driver will see you in their back up camera. They might not have one. Pay attention!!! YOU HAVE TO BE AWARE OF YOUR SURROUNDINGS!!!

If you're in a bike lane look ahead. Did you see someone pulling into a parking space, did you see someone's tail lights go out? If so, then someone may be getting out of the car!!! Move away from the car and you won't run into the door. What is so hard about that?

Drivers are supposed to give bike riders at least 3 feet of space when they pass them on the road, maybe cyclists need to give cars at least 3 feet of space also.  Rant

maringoman's avatarmaringoman

Bike lanes are about 5 feet wide and most car doors are about 3 feet wide. This type of accidents must happen thousands of times everyday in US cities. I can't take a side on this lawsuit until more information comes out or maybe video evidence is obtained and shared with us.

Funtimz's avatarFuntimz

That sucks.  But I agree,  countersue for the damage to the door.

loosechange1

I ride every day believe me when I say cyclist go to fast in and out of Traffic. The bike lanes are a good way to get doored I've came close a few times but I don't hug the cars. Because cyclist is such a small item its really my responsibility to be careful. guarantee this guy was riding to fast. now wants payment

Btw I ride 10 to 15 Miles a day 4 to 5 days a week and no not because I got a DWI.

noise-gate

Image result for cyclist being doored     This is how it should be.

loosechange1

Quote: Originally posted by dpoly1 on Jun 22, 2015

BAN BIKE LANES

Smash

oh no. Just make sure you look out ur mirrors . you need to any ways as other cars may be coming and no one wants to win the door prize lol or we could say the cyclist won the door prize in this case

SilverLion's avatarSilverLion

Quote: Originally posted by loosechange1 on Jun 22, 2015

oh no. Just make sure you look out ur mirrors . you need to any ways as other cars may be coming and no one wants to win the door prize lol or we could say the cyclist won the door prize in this case

This certainly sets a precedence.  I generally stay away from bike lanes, as they are on high volume roads.  I haven't had any close calls with the "door prize", but I think from what I have read about road safety, that is is more of the bikers responsiblity to avoid the cars then the other way around.  Thats another reason I avoid bike lanes.  There is really no way for a biker to avoid the moving cars and avoid the parked car open door at the same time.

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