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Family of boy on scooter fatally struck by MTA bus suing for $10M

Nikkiya Whittington could barely stand during a Wednesday afternoon press conference. The loss of her youngest child, 7-year-old son, fatally struck by an MTA bus on Saturday, remains too much to bear.

Shavone Bethea Junior was tragically killed while out with his father in the Fordham Heights section of the Bronx. The family had planned to get together for a barbecue for the Memorial Day weekend, but that never happened. An MTA bus collided with the Shavone and witnesses say the child’s body was even dragged about a block away.

“We just want some kind of justice,” his aunt said.

The boy's family believes the driver of the bus was negligent, going too fast and ran a red light.

“The bus driver acknowledged himself he never saw this little boy," attorney Sanford Rubenstein said.

Rubenstein held a press conference announcing he had filed a notice of claim on behalf of Shavone’s family, seeking damages for the wrongful death of Shavone, but also for the emotional distress suffered by Shavone's older brother, 9-year-old Dishawn Flanders. Dishawn witnessed his brother's final moments.

The family told PIX11 Dishawn will need counseling and is traumatized by what he saw.

Sources close to the investigation said the MTA bus driver had the right of way and a green light and also added Shavone, who was on his scooter at the time of the accident, rode right into the side of that bus.

While the NYPD is still investigating, Rubenstein said his own investigators are looking into the circumstances of that day. The driver of the MTA bus has not been charged. The MTA at this time declined our request for a comment citing pending litigation.