New York Personal Injury Blog | Lever & Stolzenberg, LLP Legal Blog

Study: New York Cell Phone Ban Could Help Reduce Urban Car Accidents

A comprehensive study of the effect of cell phone bans has found that limiting mobile phone use while driving reduces rates of car accidents in urban areas more than in rural ones. This study posits that the NYC cell phone ban could save money and save lives.

Woman Sues Buffalo Bills Player Marshawn Lynch After Hit-And-Run

A Buffalo Bills professional football player is facing a lawsuit after striking a pedestrian in Buffalo, New York. The woman claims that Marshawn Lynch left the scene of the accident and was driving under the influence of alcohol at the time of the pedestrian incident.

Weezer Band Member Injured In NY Bus Crash Involving Black Ice

The lead singer of pop band Weezer was injured in a bus accident in New York while on tour promoting the band's new album. The singer was seriously injured and has canceled the rest of the tour. Others on the bus were also injured in the NY bus accident.

Taconic Parkway Disaster -- Family Starts Lawsuit -- Truth Finally to be Revealed

The family of two victims from Diane Schuler's wrong-way crash on the Taconic State Parkway said their lawsuit filed today isn't about money or revenge but about awareness to drunk driving.

Yankee’s Manager Joe Girardi Helps Car Accident Victim

Just hours after his baseball team clinched the World Series, Yankee's Manager Joe Girardi was driving home with his wife on Cross County Parkway at the Hutchinson River Parkway, after celebrating his team's big win. When he saw that a car had crashed onto a wall on a curvy section on a New Rochelle road on the outskirts of New York City, he stopped to help the accident victim out of her car.

Although the car was still partially on the road and in danger of getting struck again, Girardi helped a woman out of her crushed car and to safety. Police arrived minutes later. The woman, 27-year-old Marie Henry, said that the man sprinted across three lanes of traffic in order to help her. She was not seriously injured in the New York car accident.

"The guy wins the World Series, what does he do? He stops to help," Officer Kathleen Cristiano told the media.

DOT Truck And Honda Have Deadly Crash On Brooklyn Bridge

Tragedy struck the historic Brooklyn Bridge last week when a man from East New York, Brooklyn lost control of his Honda Accord. On Wednesday morning around 4 a.m. 36-year-old Andre Donald drifted out of his lane and slammed into the back of a New York Department of Transportation dump truck even though the dump truck was equipped with a flashing yellow arrow.

Donald, who police say might have been drinking in the hours before the crash or who might have fallen asleep at the wheel, was rushed by the EMS to New York Downtown Hospital where he died just after arrival. The dump truck on the bridge was no occupied at the time of the accident. It is not known if Donald was wearing a seatbelt.

Due to the fatal Brooklyn car accident, the Brooklyn Bridge was shut down for a number of hours during the morning commute. No other people were injured in the deadly NYC car crash.

NY Driver Who Killed 8 On Taconic State Parkway Was Drunk And High

Last week we reported on the mysterious and tragic wrong-way accident that killed eight people, including four young children on the Taconic State Parkway in New York. At the time, authorities were unsure of why the 36-year-old New York mother, Diane Schuler, had become so disoriented and confused that she drove the wrong way down the interstate.

After New York officials ruled out a stoke or other medical problem during an autopsy of the NY mom, blood tests revealed that the story was not what it seemed: Diane Schuler was drunk and high at the time of the NYC minivan accident - with a blood alcohol level of 0.19 (more than twice the legal limit) and 6 more grams of alcohol in her stomach that had yet to enter her blood stream. Authorities also revealed that a broken vodka bottle was found at the scene of the horrific head-on car accident.

Diane Schuler's minivan was carrying two of her own children and three of her sister's children. All but Shuler's son were killed in the Taconic State Parkway wrong way accident. Two men in another car were killed and three people in a third car were injured.

Deadly Wrong Way Crash on the Taconic: Could the State of New York be at Fault

As you may have heard already, Diane Schuler, was reportedly severely drunk and had smoked marijuana within an hour of the deadly Taconic State Parkway crash that left eight people dead, including four young children, when she crashed on the Taconic.  In light of this recent accident, I wondered whether any litigant had ever been successful in bringing an action against the State of New York for failing to erect proper signs that would warn unknowing travelers that they were traveling on a roadway in the wrong direction.  Interestingly, in the case Mickle v. New York State Thruway Authority (701 N.Y.S.2d 782), the claimant sued the Thruway Authority after he crashed his car heading in the wrong direction on Rte 787, which is an extension of the New York State Thruway, north of Albany.  The claimant alleged that he did not realize that he was traveling in the wrong direction and that the entrance to the highway from the toll plaza where he entered was confusing.  He pointed to proof from a civil engineer that indicated that the roadway where the accident happened was particularly confusing because there was almost 15 signs present at the location, only one of which was a "Do Not Enter" sign, coupled with the fact that the unmarked lane of traffic he was supposed to be following veered sharply to the right and there was no jersey barrier separating the northbound and southbound traffic. Thus, the engineer opined that traveling in the wrong direction was a strong possibility and likely under the circumstances.  The Court found that the State was 60% at fault for the accident.

Lever & Stolzenberg, LLP is located in White Plains, New York and serves clients throughout the state, including New York City's five boroughs (The Bronx, Brooklyn, Queens, Manhattan and Staten Island) as well as Westchester County, Rockland County and Long Island. 

Additional Cities: Yonkers, Port Chester, Scarsdale, New Rochelle, Peekskill, Rye, Mount Kisco, Bedford, Eastchester, Mount Vernon, Mount Pleasant, Pelham, Ossining, Greenburgh, New City, Spring Valley, Pearl River.

Additional Counties: Orange County, Dutchess County, Putnam County.

NYC Husband and Wife Killed In Bronx Car Accident

The Associated Press reports that a middle-aged coupled was killed at the intersection of Laconia Avenue and Waring Avenue very early in the morning on Wednesday, July 15 in the Bronx, New York.

The couple's car was hit by an SUV, ejecting the woman from the car and killing the man, a 41-year-old who was driving the car at the time of the accident. The man was pronounced dead at a nearby hospital while his wife was pronounced dead at the scene of the fatal New York car accident. The couple leaves behind two children.

The driver of the SUV was rushed to the hospital by emergency workers, where he remains in critical condition.

New York City police are investigating the case. There are rumors that the SUV that struck the car was being chased by the police at the time of the accident.

Lever & Stolzenberg, LLP is located in White Plains, New York and serves clients throughout the state, including New York City's five boroughs (The Bronx, Brooklyn, Queens, Manhattan and Staten Island) as well as Westchester County, Rockland County and Long Island. 

Additional Cities: Yonkers, Port Chester, Scarsdale, New Rochelle, Peekskill, Rye, Mount Kisco, Bedford, Eastchester, Mount Vernon, Mount Pleasant, Pelham, Ossining, Greenburgh, New City, Spring Valley, Pearl River.

Additional Counties: Orange County, Dutchess County, Putnam County.

Brooklyn Worker Yuquan Chen Crushed By Granite Slabs

A worker in Brooklyn was crushed to death by granite slabs - he died instantly at the scene of the on-the-job accident. The Occupational Safety and Health Administration (OSHA) is investigating the cause of the fatal NYC worker accident.

Staten Island Construction Worker Crushed By Dump Truck

A man was accidentally backed over with a dump truck at a road construction site on Staten Island. The police said there would be no criminal charges in the tragic fatal NYC worker accident.

Two New York Construction Workers Injured When School Roof Collapses

One of the four elementary schools in Pelham, New York, was undergoing a two-story addition this week when the building's roof collapse. Two New York construction workers were injured in the accident.

Pelham Police Chief Joseph Benefico reported that workers were working on the first floor at the time of the accident, which happened around noon on Saturday. Although the condition of the two construction workers is not known, witnesses say that the two employees were carried out on stretchers and taken to Jacobi Medical Center in the Bronx.

The Occupational Safety and Health Administration will conduct an investigation into why the roof collapsed and how the workers were injured. The school would be closed to students for at least the beginning of the week, according to Pelham Union Free School District officials. The renovation will add a library and two classrooms to the Pelham school.

New York City Construction Site Accidents Injuries On The Rise

Are construction workers safer in New York City than they were last year? New reports show that although fewer NYC construction workers were killed so far in 2009, many more injuries were reported across the city.

Compared to the same time last year, construction site accidents are up over 40 percent and construction site injuries were up by over 30 percent. However, deaths are on the downswing. There were 2 deaths reported in 2009 from January to June, compared to 19 on-the-job construction deaths in 2008 and 12 construction worker deaths in 2007 in New York City.

Why are there more injuries and accidents this year? Some think that more New York construction accidents and injuries are being reported because of a trend to report more minor accidents in the construction industry at large. Others think that construction site may be paying less attention to safety and safety training during hard times.

Asphalt Roller Operator Dies At New York Road Construction Site

According to WCAX, a road construction accident in Amenia, New York, left one worker dead on Wednesday, July 29. The man, a New York resident, was operating an Ingersoll-Rand asphalt roller when he fell off of the piece of heavy machinery and was then hit by the construction equipment.

New York State Troopers identified the New York construction accident victim as 23-year-old Donald Flood III of Wassaic, New York. The accident took place early on Wednesday afternoon in Dutchess County, about 60 miles from Albany, New York, near 41 Benson Road.

The Dutchess County Sheriff's Office, the county Office of the Medical Examiner, the Wassaic Fire Department and Northern Dutchess Paramedics assisted state police at the scene.

The NY on-the-job accident took place as workers were laying down asphalt on a road construction site. New York officials told reporters that the investigation into this NY construction site accident is continuing. Police are still unsure of why Flood may have fallen off the asphalt machine.

Irish Citizen Dies In Building Site Fall In New York City

A workplace accident at a construction site in New York took the life of an Irish citizen on Friday. Brain Forde, an Irishman in his twenties, fell at a construction site to his death on Friday, June 10. The man was originally from originally from Athenry in Co Galway, Ireland.

The Department of Foreign Affairs has confirmed that it is providing consular assistance to the man's family. Arrangements are being made to repatriate the man's body to his homeland following the deadly fall accident. The details of the construction site fall accident are unknown at this time.

The death marks the third accidental death of Irish Citizen in the United States in recent weeks -- Ann Coleman, of Abbeyknockmoy near Tuam and her husband, Joe O'Connell, originally from north Kerry, were killed in a car accident in Iowa in June.

A Patient Dies, and Then the Anguish of Litigation

medical malpractice lawsuit cancer emotional drain

Health care reform silent on malpractice

To the Editor:

The News’s recent story on medical malpractice missed the point. While it correctly cited data that medical malpractice claims make up only one-fifth of one percent of all health care costs in this country, it failed to discuss the role medical errors play in our health care system.

According to a landmark study by the National Academy of Sciences, mistakes by doctors and other health care providers take the lives of as many as 98,000 Americans every year – and cause hugely expensive complications in hundreds of thousands of other cases. Any serious discussion of medical malpractice must begin with reducing its frequency, not denying compensation to its victims.

If any subject is given too little attention in the health care reform debate, it is patient safety. There are simple, proven ways to prevent medical errors. The challenge is persuading health care providers to adopt them. Many new protocols and safety measures resulted from the National Academy of Sciences report. But health care experts agree that we are nowhere near the report's goal of reducing medical errors by half in 10 years. Curtailing patients' rights to seek redress for negligence would only remove an established incentive for improvement.

Do We Need Tort Reform In Medical Malpractice Context?

In recent years, New York’s medical community has decried hikes in
medical malpractice insurance premiums. Describing the premium
increases as “devastating,” the medical lobby has claimed that the costs of
liability coverage are driving doctors out of New York State. At least one
doctor group has also charged that “a wildly unpredictable medical liability
adjudication system” is the driving force in increasing premiums. The
result, they say, is that New Yorkers have increasing difficulty in accessing
care from the so-called “high risk” specialists, such as obstetricians and
neurosurgeons.
But are these claims true? According to the federal governmental data
reviewed for a mind shattering recent report, the answer is a resounding “NO.”
This report’s overall finding is that, based on the actual litigation payments
made by the state’s doctors over a number of years, New York’s
malpractice system appears to be remarkably consistent, stable and fair.
In fact, NPDB data shows that payouts have been reducing since 2006.
Federal law requires that all medical malpractice payment information be
reported to the government’s National Practitioner Data Bank (NPDB).
The NPDB’s Public Use Data File is the only publicly-available,
comprehensive malpractice database in the nation.
While the NPDB is prohibited by law from releasing the names of
individual doctors who have paid malpractice payments, it does release
aggregated information about those payments.

Study Results Raise Questions About Vertebroplasty For Patients With Osteoporotic Spinal Compression Fractures; Is it Malpractice?

Have You Had Surgery Using Spinal Cement?

Each year, as many as 250,000 people in the United States suffer vertebral fractures, which are small breaks or cracks in the bones of the spine. Even minor falls, missteps, bumps into countertops or other hard surfaces, and other every day accidents can cause these types of painful injuries. Most victims of spinal fractures are elderly and have been diagnosed with the bone-weakening disease osteoporosis.

In many cases, surgeries to repair spinal fractures use products called spinal cement to fill in the cracks until the broken bone can regenerate on its own. However, the use of these products has been associated with several deaths and severe injuries in patients. Also, recent medical research has found that patients who had a specific type of spinal fracture surgery fared no better afterwards than patients who received a placebo surgery.

Therefore, there are serious questions about whether vertebroplasty, kyphoplasty, and other types of spinal fracture surgery that use spinal cement are necessary and effective in relieving back pain cause by vertebral fractures.

While it may be difficult to prove in court that merely performing vertebroplasty, kyphoplasty, and other types of spinal fracture surgery alone constitutes malpractice, even in light of the recent publications indicating that the procedures  are no more effective than placebos, the same cannot be said for those patients who suffered serious injury and even death after undergoing such operations. 

We are actually representing one client who suffered severe cardiac arrest, resulting in major open heart surgery, after undergoing this purportedly "minimally invasive" surgery.  It appears that in these cases where patients are significantly injured after undergoing these procedures the injury occurs because the cement is allowed (negligently) to enter the blood stream.  The use of spinal cement has been shown to cause heart and lung damage, fatal drops in blood pressure, and other problems.

If you or a loved one has undergone back surgery using spinal cement to repair a vertebral fracture, you may be at risk of suffering life-threatening injuries and complications. If a loved one has died as the result of surgery using spinal cement, you and your family may qualify for damages to compensate you for the wrongful death.

At Lever & Stolzenberg LLP our experienced personal injury attorneys are dedicated to helping people who are injured by spinal cement and other dangerous medical products. To schedule a free, confidential legal consultation, contact us today by calling 914.288.9191 or completing the case inquiry form on this page.

Mayor Bloomberg Pulls Prius Cars Off NYC Streets Following Recall

The Mayor of New York City has taken all government-owned Toyota Prius car models off of the roads in light of the recent Toyota defective product recalls.

Product Recall: Simplicity Close Sleeper, Bedside Sleeper

The Consumer Product Safety Commission (CPSC) has once again recalled a bedside crib -- the Simplicity Close-Sleeper/Bedside Sleeper - after two more infant deaths have drawn attention to the dangerous and deadly product. Last August the product was recalled after two other infant deaths had been reported. Another two infants have been left with serious injuries from the close sleeper.

Some of the infants have been entrapped in a metal bar on the bassinet, while others have suffocated in the folds of the crib's fabric.

The company who made the sleeper, SFCA, Inc., has not been cooperative with either recall and may no longer exist. The extremely dangerous infant cribs were sold nationwide at a variety of stores, including Amazon.com, Bed, Bath & Beyond, Big Lots, WalMart, Target, Kohls, JC Penney, Kmart, and Toys R Us. Those who are using the defective product should immediately stop use and return it to the store where it was purchased.

New York Dog Bite Attorney

An animal like an aggressive dog cannot be held responsible for a dog attack or dog bite incident - very simply, dangerous dogs are animals with no understanding of right and wrong. However, an aggressive dog's owner is responsible for his or her pet's behavior. If you have been bitten or attacked by an aggressive dog, the owner of the dog in question may be responsible for your medical bills and other damages.

Here are a few questions to ask if you have been bitten by someone else's dangerous dog:

· Was the dog fenced or leashed at the time of the attack, or was it roaming free?

· Had the dog in question been aggressive before?

· Was the owner aware of this aggressive behavior?

· Had the dog in question bitten a human or attacked another animal in the past?


To better understand your New York dog bite incident, it is best to consult with an experienced NYC dog bite and premises liability attorney. Contact us today for a free, no-obligation consultation.

Recession Means Cases Flooding Courts

lawsuits flooding delays recession timely

Don't Facebook The Judges Who Are Deciding Your Client's Case

Facebook personal injury client case appearence of impropriety

When Are We Going To Fix the Children's Juvenile System?

A report by a state panel found physical abuse and untreated addiction and mental illness common in prisons for young offenders