Parking Space Stand-Off Ends with Broken Foot, Lawsuit

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New Yorkers' age-old battle for parking was parodied in the classic Seinfeld episode "The Parking Space."
A sushi chef who tried to "hold" a parking space for his manager by standing in the street ended up with a broken foot and other injuries after an irate driver tried to claim the space. Ke Hai Du says it all started around 5 p.m. on October 9th, when he noticed the space become available in front of the Peck Slip restaurant Suteishi. He dashed outside to save the space while his manager got her car, but before she arrived driver Paul Todd pulled up with plans of his own.

Du's lawyer Lawrence Glynn tells the Post that after Du informed Todd that he was saving the spot, Todd "inched forward and hit him in the knees. Du then threw up his arms like, 'I can't believe you just hit me.' Then the guy decided he really wanted the spot and hit the gas and [Du] couldn't get out of the way." As Du writhed on the ground in agony with a broken foot, his manager yelled at Todd, who allegedly retorted, "I would do it again." That's hardball!

Police were called but treated the assault as a traffic incident and didn't arrest Todd, who drove off as Du was being loaded into an ambulance. The incident left him with a broken foot, torn ligaments, and head, neck and back injuries. He's now hobbling around on a black cane, and tells the Daily News, "That car is a weapon. You could kill someone with it, you know?" According to court papers filed yesterday, he's suing Todd for $5 million.

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Comments (38) [rss]

I lived on Front Street. Street parking there is brutal.

Will there ever be a time when hitting someone with your car purposefully will be treated the same as if you hit them with ANY OTHER WEAPON?

Oh shocking, the police didn't do their job? Because the assailant was in a car? I've never heard of such a thing!

I once got into one of those Seinfeld-style parking standoffs on West 95th. After around 45 minutes of standing around we finally settled it with a coin flip (I won). The funniest part was when the other guy (driving a Jaguar w/ Jersey plates) said he was going to call the cops, even though I was the one backing into the spot when he pulled up behind me claiming he had seen the spot first. I was like go ahead, you're not in Jersey any more, call the cops. He didn't.


holding a spot what crap. Street parking is first come first serve. This dip shit was standing in the street and should have gotten out of the way. You lost the space when another car got there first.

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You can't hold a spot without a car!

I've taken spots away from d-bags trying to do so by blocking any potential parkers with my car until the person leaves.

Todd was stupid and wrong for hitting the man and deserves to be sued.

Thank you. They do this a lot in Brooklyn also; I just back it up and they move the fuck out of the way unless they want to get hit & I also tell them to call the cops if they want to argue about it:)

What does the law say for situations such as this one? Is a person who "holds" a parking spot jaywalking?

Of course, there are lots of small construction sites that block off the spots in front with traffic cones or saw horses or whatnot. I have a feeling they don't have the right to do that without a DOT permit.

I don't think they are jaywalking, but in New York law, "Where sidewalks are provided and they may be used with safety it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway."

That being said, the driver is still at fault: "Regardless of the right-of-way, the driver is required by law to take great care to avoid "hitting" pedestrians."

Even the cops will tell you, no car no spot. You can't hold a spot by standing in it.

Sure, but I'm not arguing that the guy who got hit was legally holding a parking spot. I'm saying that even though the driver had the right of way, he didn't try avoiding the pedestrian and in fact, may have deliberately tried to hit him, superseding previous transgressions conducted by Du.

Fuck the boss.
Physics is physics.

it figures the pigs didn't do anything. useless.

This is just disheartening. This asshole should have his license revoked permanently for this, he's clearly admitted it was intentional and would do it again. Just sick.
I agree it doesn't really count if you're standing there holding a spot, but jesus, you don't run people down for a f'ing parking spot.

Ummm, sorry, don't mean to be a douche, but actually, he doesn't say that to Sonny. He's leaning over a dead Sonny in the casket, and was talking to the Pesce character. I like the reference though.

Sorry, I'm a douche. Calogero DOES ask Sonny if he shot that man over a parking space.
http://www.youtube.com/watch?v=D0ySOFOXfgk

Like most incidents, it takes two idiots to cause a problem The first idiot should have moved out of the street. 2 tons vs 200lbs, who's gonna lose? Besides, what are we in 2nd grade? I'm holding a spot? Please, in NYC it's first come first serve Standing in the middle of the street to hold a spot is a special kind of douchbagginess.

The second idiot actually attempted to harm some one with his car?! A parking spot isn't worth hurting some one over, why not just crowd the spot, until idiot one moves. He can't park his car there until you move anyway? You sir are a grade A dick.

I think it's completely acceptable to save a spot for a short amount of time, maybe five minutes.

I have to disagree, first come first serve should be the rule, though it is often disregarded. I remember doing this as a kid for my folks (who would hit a little kid?!) and I still see it being done on my block. In fact some of the neighborhood assholes reserve spots ALL DAY by putting out official looking orange cones in the spot when they leave in the morning. It's a disgrace.

Regarding this story, everybody, including the NYPD, was in the wrong. The chef should have moved, the idiot driver shouldn't have hit the chef, and the police should have arrested driver and tried it as a criminal case.

And all of this bullshit could have been avoided if everyone stuck to the rule: First come, first serve.

There are all kinds of such turfdom behavior taking place all over the city. From double-parking on alternate-side days and blocking someone in to residents blocking off a street with their own cordon tape so their kids can play on the street unimpeded, to people who paint their own curbs way beyond what is necessary to people who feel they own the parking spot right in front of their house. That mentality is a step away from thuggishness. What are you gonna do? It's the way of the world.

http://www.nyc.gov/html/dot/downloads/pdf/trafrule.pdf#section4-13d3 (page 36)
nyc traffic law section 4-08 (7)

(7) Unofficial reserving of parking space. It shall be unlawful for any person to
reserve or attempt to reserve a parking space, or prevent any vehicle from
Section 4-08
parking on a public street through his/her presence in the roadway, the use of
hand-signals, or by placing any box, can, crate, hand-cart, dolly or any other
device, including unauthorized pavement, curb or street markings or signs in the
roadway.

Even if it is illegal to hold a parking spot, no one has the right to ram his car into someone.

Can't fathom how the cops could say it was a traffic incident (Paul Todd not arrested) and not an assault. Why did they give that uber-@sshole a break?

I can't understand how NYPD didn't arrest the driver who admitted to the manager that he would do it again.

"IN ENGLISH PLEASE": WHAT THE FUCK?! NO CAR = NO SPOT!!

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Man, I need to design a car where you can bring it everywhere with you.
You can get away with anything as long as you're in a car.

i need to remember i can take out more of my enemies if only i would buy a car and the nypd cant do nothing about it! im a driver!

NYPD chose not to do anything. They don't want to make arrests.

The guy "saving the spot" is a moron. first come first serve but at the same time he should not have been run over.

Back in the 80s I used to play cards with a guy that owned a bar on West 125th Street. It seems that wherever he was at the end of an evening he go would go to his joint. He told me there was a hydrant in front of the bar and would pull up there and just park it for the length of his visit. I asked what would happen if someone else would park there and he said someone tried it once and the bar manager shot him.

What usually happens is that the car that DOES get the spot, ends up with slashed tires or a loooong scratch on the side of the car.

Parking spots arent good to argue over. Just move on.

I agree. Or, if you're going to argue, do it civilly, explain to them why you think you're right, or make up an excuse and make them feel bad for arguing with you over the spot. Even if, in theory, you might be right.

This is how the assholes on my block get away with the orange cone business. People know that if they remove the illegal cones and park there - rightfully so - their cars will end up with key scratches, broken windows, or slashed tires.

Thankfully I don't own a car and don't have to deal with the bullshit that comes along with it. There's a reason people spend ridiculous amounts of money on private garages in the city.

I was all set to be upset about this, considering that it's a car vs. human. But then I remembered that 95% of "sushi chefs" are Moonies.

fuck that sushi chef - he should have moved out of the way. There's no "i'm saving this space" shit in this town. he got what he deserved

Whatever happened to good ol' common courtesy? the guy was saving the spot for his friend who was moving his car at that moment--they were probably both at work, and he was trying to get a decent spot. He's hardly a "moron", or someone who deserved to get hit by a car. I hope he sues that asshole for every penny.

What really gets my goat are the people who actually put out TRAFFIC CONES to save a personal spot in front of their building! now that takes some nerve.

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