AMPUTEE: Sian Green was forced to have part of her leg amputated [INSTAGRAM]
The lawyer of Sian Green, 24, has claimed the reckless cabbie should not have even been on the road.
In the claim notice, Ms Green's lawyer Dan Marchese has argued the taxi driver had seven points on his license at the time and should have been automatically suspended.
Marchese wrote in the notice. “The Taxi & Limousine Commission (TLC) should have suspended his license BEFORE the time of the accident.
He added: “Admittedly, due to a ‘computer glitch,’ TLC failed to ensure pedestrian safety, and specifically [Green’s] safety and well-being.”
PAVEMENT: The car mounted the pavement and severed Ms Green's leg [REUTERS]
“The Taxi & Limousine Commission (TLC) should have suspended his license BEFORE the time of the accident.”
Dan Marchese, Ms Green's lawyer
It is believed Ms Green was hit by the taxi when driver Mohammed Faysal Himon swerved on to the pavement when trying to avoid hitting a bicycle outside the Rockefeller Center in August.
One bystander described the "terrible scene" saying Ms Green was conscious but "wished she would have passed out".
Celebrity doctor Mehmet Oz and bystander David Justino helped the poor woman as she lay helpess on the floor.
Ms Green said “I’ve learnt that there’s good people in this world, very good people in this world that I can’t thank enough.
“They saved my life. If it weren’t for them, I wouldn’t be sitting here right now telling this story.”
She was later taken to hospital but surgeons were forced to amputate the lower part of her left leg.
BUSY: A crowd had gathered after the incident outside the Rockefeller Center [PA]
The driver's suspension would have lasted for 30 days and the TLC revealed the "glitch" allowed thousands of cabbies to remain on the roads at the time.
In November, Ms Green was "incredibly dismayed" to learn that Himon would not be facing criminal charges.
The Green family blasted the decision and a spokeswoman for the city Law Department has since said the agency “will review the claim.”
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