Myron Wecker sues Mercedes-Benz of Massapequa over accident at its Amityville dealership

Mercedes-Benz of Massapequa is facing a lawsuit after a vehicle struck a 90-year-old customer inside the dealership's service area.

Nassau County resident Myron Wecker was getting his car serviced at the Amityville dealership when a car driven by Philip Rao struck the 90-year-old, according to a complaint filed in Nassau County Supreme Court on Sept. 9. The lawsuit blames the incident on the “negligence, carelessness and recklessness” of both the car dealership and Rao.

Rao forgot to put his car in park and accidentally accelerated, colliding with the back of Wecker’s vehicle, according to a Nassau County Police Department report on the May 4 accident obtained by Automotive News. Wecker was outside his car showing an employee a problem with the vehicle's trunk when Rao struck him. Rao's car pinned Wecker's legs and the employee's legs between the two vehicles, according to the police report. The accident also injured Wecker's wife, who was inside his car. 

Newsday has filed a public records request with Nassau police for the accident report.

The lawsuit argues the dealership is partially liable for the accident because Rao was allowed to drive into the service garage when it was unsafe. It also alleges that an employee directed Wecker to an unsafe part of the garage.  

The dealership denied liability in its Sept. 30 answer to Wecker’s complaint. The business filed a cross-claim against Rao stating that if the plaintiffs win a judgment, it is the fault of Rao, not the dealership. The general manager and the attorney for Mercedes-Benz of Massapequa did not immediately respond to Newsday's request for additional comment.

Rao is named as a co-defendant in the original lawsuit as well. The law firm representing Rao, James F. Butler & Associates also did not immediately respond to a Newsday request for comment.

Wecker’s attorney, Glenn Nick, told Newsday that his client suffered numerous injuries, including a broken collarbone. The 90-year-old had to spend over a month in the hospital and two different rehabilitation facilities, Nick said.

“I don’t think they should have allowed Mr. Wecker to be in the garage for an extended period of time and behind his car when he wasn’t in a place of safety,” Nick said. “Usually you drop your car off, and you head into the office.”

Nick said it is too early in the case to know the exact monetary value of the potential judgment. The plaintiffs are demanding a judgment above what lower courts, such as the District Court of Nassau County, can offer. The district court has a $15,000 limit on civil claims.