The 42-year-old mixed-martial-arts fan says he watched Gelman approach the cab window, barking: “Let me in!” Gelman even claimed to be a cop, but a dismissive Howell turned away, he says.
Gelman walked off. A straphanger recognizing Gelman tried to alert the cops, but was also rebuffed. A minute later, Gelman returned and set his sights on the 6-foot-2, 270-pound Lozito.
“You’re going to die,” Gelman announced — then stabbed him in the face.
Lozito leapt from his seat and lunged at the 23-year-old Gelman as the psycho sliced at him...
In his account, Lozito pinned Gelman to the floor, disarming him. Howell then emerged from the booth, tapping Lozito’s shoulder: “You can get up now,” he said..
Lozito says a grand-jury member later told him Howell admitted on the stand that he hid during the attack because he thought Gelman had a gun.
An angry Lozito decided to sue the city for negligence, arguing the cops should have recognized Gelman and prevented, or reacted more quickly to, the assault.
The city routinely settles such litigation but is playing hardball with Lozito, insisting his demand for unspecified money damages be tossed because the police had no “special duty” to protect him or any individual on the train that day.
“Under well-established law, the police are not liable for such incidents,” said city lawyer David Santoro. “That doesn’t detract from the Police Department’s public safety mission — or the fact that New York is the safest big city in America.”
Experts say it’s a long-standing legal precedent requiring police to put the public safety of all ahead of any one individual’s rights.
