Judge Tosses Out Lawsuit In 2010 Death Of Fort Greene Woman

The IRS agent who slammed into Aileen McKay Dalton as she rode a Vespa scooter on the crosswalk at Clinton and DeKalb Avenues in 2010 has been cleared of negligence by a federal judge this week.

The ruling put an end to a $10 million lawsuit filed by McKay Dalton’s husband, Michael Dalton, who accused IRS Agent Joel Murphy of negligence and blowing through a red light as he searched for a bathroom.

As noted by the New York Post, Judge Nicholas Garaufis decided that there wasn’t enough evidence that Murphy had entered on a red light, instead of the yellow light that he claimed he had.

“This was without question a tragic accident,” Garaufis wrote in his ruling. “And the court has a great deal of sympathy for Aileen McKay Dalton and her family. However, after full consideration of the record…the court concludes that plaintiff did not establish by a preponderance of the evidence that Agent Murphy was negligent.”

Dalton had previously rejected a settlement offer from Murphy’s attorneys, pushing for a jury trial.