WAWAYANDA, N.Y. (AP) — Authorities say a New York City man playing catch with his son after their car broke down on an upstate highway was struck by a vehicle and killed as they waited for a tow truck.
State police say 35-year-old Nicholas Barba of the Bronx was driving on Interstate 84 on Saturday night when his vehicle broke down in the Orange County town of Wawayanda (way-way-AHN'-dah), 55 miles northwest of New York City.
Troopers say Barba was tossing a baseball with his son on the highway's shoulder when an errant throw sent the ball across the interstate and into the median. Police say Barba retrieved the ball and was crossing back over when he was hit by a vehicle.
Barba died at a hospital.
Troopers say the driver won't be charged.