New York appellate court reinstates liability in trans cyclist hit-and-run case

A Brooklyn appellate court has revived the liability verdict in a case that has stretched across a decade, ruling that the City of New York can be held responsible for the ambulance collision that seriously injured transgender cyclist Aeliana Boyer in Brooklyn.

The decision, issued on July 1, reverses an earlier trial-court ruling that had set aside the jury’s finding and dismissed the case. With liability now reinstated, Boyer can move forward in her effort to seek damages.

The 2016 collision

Boyer was riding her bicycle through the intersection of Bond and Union Streets in the Gowanus neighborhood in 2016 when an ambulance entered the intersection and hit her, according to the account in court records and witness testimony summarized in the report. The vehicle did not stop to help, and witnesses said the light was green for Boyer and that the ambulance appeared to be a red and white FDNY vehicle.

She suffered multiple serious injuries, including a concussion, torn knee ligaments, chronic nerve damage and pain, and spine and shoulder injuries that required surgery. Boyer has said the injuries kept her out of work for years and left her with major medical and living expenses.

Legal fight over whether the ambulance was a city vehicle

To recover damages, Boyer first had to prove that the ambulance belonged to the city. The city initially denied that the vehicle involved was an FDNY ambulance after she sued New York City and the Fire Department.

The case went to trial in 2024, and a jury unanimously found that an FDNY vehicle caused the crash based on GPS data. But a Kings County Supreme Court judge later overturned that verdict, saying Boyer had not sufficiently proved the ambulance was a city vehicle and dismissing the case.

Justice Richard Montelione wrote in a court document that “there is no question of fact that a collision occurred between an ambulance and the plaintiff bicyclist,” and acknowledged that “the GPS evidence clearly places an FDNY ambulance at the approximate time and place where the accident occurred.” He nonetheless cited differences in Boyer’s description of the ambulance crew, including the gender of the driver and passenger, as part of the reason for rejecting the jury’s verdict.

Boyer had testified that the ambulance appeared to have two female crew members, while the GPS-linked vehicle had male staff. Montelione also pointed to Boyer’s statement that she did not clearly recall seeing FDNY insignia.

Appellate panel restores the jury’s finding

The Brooklyn appellate panel concluded that Boyer was entitled to have her testimony credited, along with that of another witness who identified the red and white ambulance as an FDNY vehicle, despite the discrepancy over the crew’s gender.

The ruling gives Boyer another path toward compensation after years of legal setbacks. She continues to deal with the financial strain of medical costs and basic living expenses tied to the accident.

On a GoFundMe page created for her, Boyer offered her “sincerest thanks” to supporters. A supporter, Jacqueline Mary, wrote that the fight is not over and that the victory on liability now allows Boyer to prepare for the damages trial ahead.

The case has drawn attention in part because Boyer is a transgender woman and some supporters questioned whether anti-trans bias may have shaped the lower court’s decision. The record also notes that Boyer previously said she was mistreated based on her gender identity by emergency responders who later arrived at the scene.

For Boyer, the appellate ruling marks the first clear breakthrough in a long-running case that still has one major stage left.