A New York City woman taking in the Macy’s Fourth of July fireworks extravaganza two years ago was struck and badly injured by a “rogue drone” that plummeted from the sky during a pre-show exhibition, according to a state lawsuit reviewed by The Independent.
Cherika Sukhnandan was watching the 2023 Independence Day festivities from the fourth-floor balcony of a Long Island City building as swarms of drones performed a synchronized aerial routine over the East River, massing together to form images of, among other things, the Statue of Liberty and an American flag.
But the celebration took a decidedly dark turn when Sukhnandan, a Queens resident, was “violently struck” by a drone that allegedly veered off-course and collided with the 25-year-old “in wanton and willful disregard of the common rights, well-being and safety of the public,” her complaint alleges.
As a result, the complaint says Sukhnandan “sustained severe shock and mental anguish, [and] great physical and emotional upset, all of which… are permanent in both nature and duration.”
Civilian drone accidents are rare, but not unheard of. Last year, a 7-year-old boy required heart surgery after being struck in the chest by a falling drone at a holiday show in Orlando. In 2019, a Utah man was hit in the face by an errant drone during a Christmas light display in Salt Lake City, necessitating medical attention.
The year before, a woman watching a drone light show at Caesars Palace in Las Vegas reportedly lost partial sight in one eye after one of the UAVs hit her smacked into her during the performance. In 2015, several of singer Enrique Iglesias’ fingers were sliced open by a drone’s propellers when he tried to grab it during a show in Mexico City, requiring reconstructive surgery and putting him out of commission for several weeks.
Sukhnandan’s attorney, Michael Rudick, did not respond to numerous requests for comment. Her case, which was initiated in March but has not been reported until now, is underway in New York State Supreme Court. She is suing the City of New York, Macy’s, NBCUniversal (which broadcast the display), and NBCUniversal parent Comcast, along with the drone owners and operators.
Around 10 p.m. on July 4, 2023, Sukhnandan was “lawfully watching” the Macy’s Fourth of July fireworks-and-drone show when she was suddenly hit by a falling DJI-brand drone, her complaint says.
It accuses Macy’s and the other defendants of having “failed to ensure that their drones used in conjunction with the firework and drone displays were operated safely,” “failed to hire or ensure the hiring of competent personnel,” and “failed to adequately prevent against rogue drone strikes.”
The complaint claims that Sukhnandan’s injuries, the extent of which are not laid out in the lawsuit, resulted from “the negligence, carelessness, recklessness and reckless disregard” of those involved in putting on the show, and describes her wounds as “severe.” Sukhnandan “was rendered sick, sore, lame and disabled, sustained severe shock and mental anguish, [and] great physical and emotional upset, all of which are… permanent in both nature and duration,” the complaint contends.
She has, and will continue, to endure “pain and suffering, both physical and emotional, and has incurred, and will continue to incur medical expenses, and has been unable to pursue his usual vocations, all to her great damage,” according to the complaint.
In an answer to Sukhnandan’s complaint, Macy’s laid the blame on “persons or parties other than” the iconic retailer, claiming it is “not liable or responsible” for what happened. and any liability or responsibility for damages sustained by plaintiff is thereby barred or, in the alternative, should be apportioned in accordance with applicable law.
NBCUniversal said, among other things, that it “did not cause or create the condition(s) that allegedly caused damages to [Sukhnandan].” Comcast also said they had nothing to do with Sukhnandan’s injuries, and should not be held responsible.
The company that hired the drone operators denied any culpability, saying they “were not negligent or reckless, and did not carelessly disregard the safety of others,” and denied being the “cause or contribut[ing] to the injuries and/or damages complained of by Plaintiff.”
The City of New York said Sukhnandan “knew or should have known… of the risks and dangers” involved in attending a July 4th show, and that she assumed that risk by “voluntarily” being there. Further, the city argued, it is “immune from suit for their exercise of discretion in the performance of a governmental function.”
In a 30-page filing on August 13, Comcast and NBCUniversal demanded that Sukhnandan provide a raft of details regarding her claims, including, among many other things, a complete statement of her injuries, a list of all medical expenses, dates of her incapacitation, loss of earnings, photographs, video, witness statements, and beyond.
Sukhnandan is seeking money damages to be determined in court.
