[Photo of memorial for Aleim Perkins by Bobby Williams]
Last Dec. 15, Harlem resident Aleim Perkins was playing with his 6-year-old niece in the Tompkins Square Park playground off East Ninth Street and Avenue A. He pushing an empty tire swing when it struck him in the face. He was rushed to Beth Israel, where hospital officials said the 39-year-old Perkins had died.
Now Perkins' mother and sister are suing the city for $10 million, the Post reports.
The family wants the Parks Department to remove all 53 of the hard-plastic swings in playgrounds citywide, according to the notice of claim filed in Manhattan Supreme Court.
To the Post:
“You have to be horrified and make sure this never happens again,” said his mom, Rosemary Perkins, 60, who is suing along with sister Vernesha Perkins, 36.
If the city removes the swings, replaces them with safer ones or posts warning signs, the family will no longer seek monetary damages, they said.
A Parks official previously said that the city didn't have plans to remove any of the swings.
In published reports from December, witnesses said that Perkins had been aggressively pushing the empty swing when it struck him.
Previously on EV Grieve:
Witness to a tragedy in Tompkins Square Park
Report: City not removing tire swings from Tompkins Square Park
Report: Tire swing kills man in Tompkins Square Park
30 comments:
A horrible tragedy, but so disgusting to sue. Money hungry leeches living off the state. There is absolutely nothing to sue for.
Those swings have been there for 25 years, and just because someone was killed while aggressively playing with one NOT in the way it was designed or intended to be used, the city is supposed to spend God knows how much money to replace them all? Sorry for Mr. Perkins, but if he had not been mishandling the thing he'd still be alive.
I know this article already implies it, but any swing has the potential to be involved in an injury. People have to be careful. Just like when they cross the street. I guess we will have to outlaw all playgrounds if we continue with this logic.
Of course they are.
Is anyone suprised?
The Parks Department should be firm and not remove the swing.
Let's remove the monkey bars too! They're metal. And bars!
And while we're at it, let's remove all of the swings. They go too high! Once I saw little Timmy burn up upon re-entering the atmosphere when he swung all the way up into space.
We must protect ourselves from once-in-a-million year freak accidents. #lawsuitrager
If the victim had been a child instead of a man, I'm sure these comments would not be as heartless. It's a tragic accident; please show some respect and kindness.
Hopefully a judge will do the right thing and dismiss this suit.
Having had a horrible experience with the NYC "justice" system, I'm not counting on it.
Bill the libertarian anarchist and advocate of a free market in law and courts
Interesting that it wasn't even a child but a grown-ass adult who was killed by this swing. There is some common sense involved here. You don't take a swing like this and swing it violently. This lawsuit is ridiculous. I hope the city doesn't cave.
Anonymous 11:06, If the victim had been a child, the comments would be every bit as hostile.
The death is very sad. Rest in peace.
However, the lawsuit is obscene. This attempting to bring the suit should be fined for wasting the courts' time.
Should we remove the sidewalks also? They are quitehard, you know. What if someone falls on one? And those tree branches! What if I climb on one and it breaks? Then there are the benches! Not only hard enough to bruise, even to kill if used in a certain way, but holding countless germs!
It would really be safest if we banned the entire park.
By the way, I hit myself in the head with a hammer today. I am not sure whether it was an accident or intentional, but I am suing the manufacturer anyway. It's the manufacturer's fault either way. I may sue my parents also, since it's their fault that I was born, and this would not have happened otherwise.
Remember: People don't kill people; inanimate objects do!
- East Villager
If it were a child who died, it would still not be the fault of the city; children are supposed to be under adult supervision. There is no way the city can safeguard against every possible misuse of public facilities. Almost anything can be dangerous if misused. The children can not and should not be "in loco parentis".
This kind of lawsuits both reflects and reinforces and infantilization of individuals and a view of the government as a "nanny state" whose (impossible) role is to protect people from themselves.
- East Villager
Probably coming from different direction but I agree with Bill the libertarian anarchist on this one. When you think about it, all the swings in any playground are potential killers.
Poor reading skills judging by the flaming hysterical comments. "or posts warning signs, the family will no longer seek monetary damages". They are suing the city to get enough attention so something is done to prevent this from happening again. Signs would be a very cost effective way of answering their complaint. I think they are doing a good thing here.
Bill at 11:13: A free market in the courts? That makes no sense. And you know it.
The attractions in this children's play area are for children. They are not made for adults to abuse. It's too bad what happened to this man, but he was an adult. He could have easily hurt a child doing what he was doing.
"Free market in law and courts" would imply that individuals have the right to frivolous lawsuits without the intervention of government, Bill.
Anonymous 2:40: "They are suing the city to get enough attention so something is done to prevent this from happening again."
No they're not -- they're suing to get MONEY. the way to "prevent this from happening again" is for a grown person to use some common sense.
It's sad that he died, but he ALONE is responsible for what happened.
If this were a child, this wouldn't have happened. A child doesn't have the strength to shadowbox with a tire swing. Self-negligence plain and simple. I wish I could sit on this jury.
Its not like the chain snapped or the overhanging pipe fell on his head. But NYC Govt has a rep for throwing money at these kind of lawsuits to make them go away and liability lawyers know this.
Anonymous 2:42/2:55:
There is a long history of free market justice systems starting with Iceland. I don't have it in front of me, but there is a book about it. Also see David Friedman's book "The Machinery of Freedom" about how free market justice works.
And 2:55, there would be fewer frivolous suits in a free market system. Incentives and costs matter. Costs are borne at least partly by taxpayers in our state-socialism justice system, which means fewer disincentives to do bad things like jimmying the court system.
Oh, I forgot to mention Murray Rothbard's book "For a New Liberty."
Bill
Look for signs as that's the cheap way out. They should read "Don't be an idiot" The guy had a fight with a tire swing and lost bad. The tire swing did not instigate this fight. I get worried about toddlers wandering too near when the teenagers are tire swinging but that's what parents are for.
Real classy shitting on a dead man.
Frivolous lawsuit, yes, but don't pile on the dead guy. He's not the one suing the city.
A genuine question: If there had been signs posted (as the family wants), would the deceased gentleman have paid attention to them? And if he didn't, and the same outcome occurred, then what?
The hard plastic "tire" swings replaced ancient actual tires which had sharp steel radials poking out. They're also the same mass-market fake tire swings as appear in playgrounds all over America and probably the world. They're hard plastic, but far lighter than a real tire. I've pushed a whole lot of kids on those swings, it would take a ridiculous amount of effort to get one going fast enough to be lethal.
As for the regular swings, their top bar is at least 6 feet shorter than it used to be. There aren't many swings left in the city with crossbars higher than 8 feet. Kids don't even know what they're missing.
Who would have thunk it!
I think there should be a sign in the park stressing that the equipment is for children. It is not there for adults to abuse. While it is sad that this man died, there are no accidents. His death was caused by his senseless actions. What would make someone swing the tire so hard and high, especially when kids are all around? Do you know how much exertion that would take even for an adult? This swing is heavy!
People never read signs especially when the signs (such as rules) may prevent them from doing what they want. Since someone stole the "NO DOGS ALLOWED) sign on Sauer Park some people think it is their own private dog run. I kicked out 2 people with their dogs yesterday within 5 minutes.
Will someone please start a Kickstarter campaign to replace all the lethal tire swings with non-radial tires? NYC kids give up enough that most kids get to take for granted (songbirds, non-vomit covered sidewalks, the feeling that you could, someday, be the best in your town at something, etc.). I think they deserve good old fashioned real tires to swing on - not some rubber covered metal version from China.
I've got to rapid prototype that Bubble Wrap Playset I've been working on. Anyone want to invest?
Signs are not the answer. They just further infantilize the culture. In fact, I would wonder if signs will actually lead to more accidents, for all possibilities that are not covered by the signs.
(The way that traffic signs and signals may actually lead to more accidents)
- East Villager
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