Attorney Blog

Even Hands-Free Cell Phone Use While Driving Has Increased Risk for Car Accidents

dlever@lsinjurylaw.com (Blog Author)71139 — Tue, 13 Dec 2011 08:00:00 EST

Statistics and studies show us time and time again that distracted driving, like driving while texting or talking on the phone increases our risk for getting into a car accident. A 2009 study by the New York Times shows that about 11% of drivers are talking on their cell phones while driving, and a Harvard study indicates that cell phone distractions account for about 20% of all injuries and 16% of all road fatalities. Many people feel these statistics are extremely underestimated because many drivers will not admit to texting or talking on the phone after an accident.

Is Hands-Free Cell Phone Use Safer?

Despite laws and bans on using cell phones while driving, this does not eliminate hands-free phone use. This indicates a belief that using hands-free phones are safer than simply talking on the phone, after all we regularly talk to the passengers in the car while we drive - but research shows talking to someone on the phone is not the same as talking to someone sitting beside you in the car.

Human brains process communications with people who aren’t physically present differently than when we talk to a person beside us. The Carnegie-Mellon Institute discovered the brain to decrease its ability to process movement and spatial relations as much as 37% when someone is talking on the phone – and both of these are important to safely driving a car.

Microsoft’s Semi-Smart Mediation Technology

Microsoft engineers are working on technology that will enable cell phones to sense the conditions of the road and cut off a conversation when there are dangers nearby. The phones will then give warning messages like “residential area, children playing” and “your focus needed”. During testing of the Semi-Smart mediation technology, drivers had 27% less car accidents and 81% fewer turning errors than a group of cell phone drivers without the technology. If this device ever makes it out of testing and into the hands of the marketplace, you can bet corporate America will become the biggest supporters- allowing employees to stay connected safely during their commuting time.

Until then? Put the cell phone on mute when you’re driving and increase your chances of arriving to your destination safely and without the need for a car accident attorney in NY.

NY Lawmakers Consider Doctor Dress Codes To Save On Med Mal Costs

dlever@lsinjurylaw.com (Blog Author)56000 — Tue, 31 May 2011 08:00:00 EST

Could what a doctor wears to work affect medical malpractice costs across New York State? Many safety advocates and medical professionals believe that it is so.

Currently, the New York State Legislature is considering a bill that would examine what doctors and nurses wear while on the job and investigate whether dress codes could cut down on patient infections and medical malpractice incidents. Bill S4909, brought forth by democrat Senator Jeffrey Klein, would establish a Health Commissioner Council that would look into whether certain accessories or types of clothing could be causing infections in health care environments and establish best practices for moving forward.

Other countries around the world have already established similar best practices, including banning long-sleeved shirts, ties, jewelry, artificial nails, and even white lab coats for physicians and nurses. In some countries, ID tags are also considered an infection danger. However, some studies have shown that while traditional lab coats and sleeves do contain bacteria, they may not significantly raise the rate of infections in patients. Those who back these studies say that the New York law would be a waste of resources that would not translate to lowered medical malpractice costs. Others say that focusing on clothing and jewelry take emphasis away from what should be the real focus for doctors and nurses: hand hygiene.

New York City Elevator Falls 3 Stories Injuring 22 People

dlever@lsinjurylaw.com (Blog Author)55999 — Mon, 30 May 2011 08:00:00 EST

According to the Wall Street Journal, 22 workers suffered minor injuries when a freight elevator fell three floors in the Chelsea neighborhood of Manhattan this week. The accident took place at an 18th Street furniture warehouse near the Avenue of the Americas. The workers, who were using the elevator illegally as a passenger elevator instead of a freight elevator, all suffered whiplash in the elevator fall. Nine passengers who suffered more serious injuries were transported to the hospital for treatment.

The New York elevator accident is under investigation, though a variety of news sources have reported that the elevator free fall was either caused by a faulty brake or a snapped cable. According to the New York Times, Tony Sclafani, a spokesman for the Department of Buildings, has issued two violations to the building’s owner: one for the illegal use of a freight elevator and one for failing to maintain the elevator. The elevator was last inspected in December 2010. These will be the first building violations for the property in the last 15 years.  

New York City elevators and escalators are regulated by the Department of Buildings in order to keep those living and working in NYC safe. However, building owners and property owners are ultimately responsible for maintaining their elevators and ensuring that they are use in the proper and legal manner.

If you have been injured in a New York elevator accident, speak with a New York premises liability attorney today.

New York Lawmakers Reject Medical Malpractice Damages Cap

dlever@lsinjurylaw.com (Blog Author)52779 — Tue, 12 Apr 2011 08:00:00 EST

Despite the fact that New York Governor Cuomo’s team of experts recommended a $250,000 cap on non-economic damages in medical malpractice lawsuits, the NY med mal cap was not part of the state budget agreement reached this week in Albany.

Opponents of that aspect of the New York medical malpractice reform bill said that they doubted that a cap on damages would save $420 million as the task force estimated – and that putting a cap on non-economic damages takes money away from those who have been seriously and permanently injured through doctor mistakes and hospital errors. Others believe that the medical malpractice caps would simply be unconstitutional.

While medical malpractice caps will not become a reality in New York, other legislation, such as the start of a new fund for babies who suffer birth injuries, have survived. All in all, the proposed budget cuts total New York State spending on Medicaid by $2.8 billion.

Mayor Bloomberg Says No Crash Tax For New York City

dlever@lsinjurylaw.com (Blog Author)52775 — Fri, 08 Apr 2011 08:00:00 EST

After facing criticism from a number of lawmakers and organizations, New York City Mayor Michael Bloomberg has abandoned a plan to charge car accident victims a “crash tax” if they get into a collision.

The proposed measure was created to help the New York Fire Department (NYFD) with budget issues, and would have charged those involved in car accidents between $365 to $490, depending on whether the crash lead to fire or serious injury. The measure, which has passed in a number of other large urban centers across the country, would have brought in an estimated $1 million in annual revenue.

Those who opposed the measure, including City Council member Peter Vallone Jr. and City Council Speaker Christine Quinn, said that the accident tax would set a dangerous precedent regarding charging for basic emergency public services. Crash taxes have been banned or limited in ten states already for similar reasons.

Queens Worker Killed In Dry Cleaning Plant Accident

dlever@lsinjurylaw.com (Blog Author)51404 — Thu, 24 Mar 2011 08:00:00 EST

New York wrongful death attorneys and personal injury attorneys are already crying foul after a woman was killed while working at a dry cleaning plant in Jamacia, Queens.

According to American Laundry News, Limin Min Huang was feeding towels into an industrial iron when her scarf was caught in the machine, dragging her in and crushing her body. The woman had worked at An Huan Laundry for three years before the on-the-job accident took place.

Unfortunately, workplace accidents in plants like these are far too common, with many employers not properly training employees, not following federal safety regulations, or not properly maintaining their equipment. At this point it is unclear whether or not the fatal dry cleaning accident could have been prevented or whether the woman was provided with any safety gear; however, most employers have rules forbidding loose clothing like scarves to be worn while operating heavy machinery.

New York Jockey Loses Fingers In Snowblower Accident

dlever@lsinjurylaw.com (Blog Author)51400 — Tue, 22 Mar 2011 08:00:00 EST

A New York horse jockey will be unable to compete in races for at least a month after he suffered from a serious snowblower accident at his home. According to several reports, the athlete, 54-year-old Jean-Luc Samyn, was cleaning debris out of the snowblower blades with the machine turned off and the power cord unplugged when the blade cut off two of his fingers and broke two other fingers. The man told reporters that he hopes to be back on his horse by late spring.

It is unclear what exactly caused the accident or whether the snowblower manufacturer was at fault for the accident. Further investigation into the accident could reveal whether the injury could have been prevented if not for a lack of warnings, poor snowblower design, or a snowblower defect.

Have you been injured by a snowblower and believe that the product’s manufacturer could have prevented your accident? Talk to a New York products liability attorney today.

Match.com Bolsters Subscription Numbers With Inactive Profiles

dlever@lsinjurylaw.com (Blog Author)49082 — Sun, 20 Feb 2011 08:00:00 EST

Many singles choose their online dating website by looking at how many available people are participating in their area. Certainly customers want to join the personals website that offers the most options and the most choices.

However, how can you know whether a dating company is lying about their numbers? According to the recent class action lawsuit filed by our New York law office, we believe that Match.com artificially inflated their profile numbers and falsely advertised the number of singles who use their website. In fact, when many of the customers that we are representing began to use the website (after paying hefty subscription fees), they found that the majority of profiles they looked at were either fake or inactive. Moreover, there was no good way to flag or report old profiles or profiles that were simply attempts at scamming users for profit. In many case, there were so many inactive and fake profiles, that users had trouble wading through the scams to find real people.

Did you join Match.com because you believed that you would have millions of singles like you to communicate with and get to know? Did you then find that you were simply being spammed by fake profiles? Talk to us today about our class action lawsuit against Match.com and what you can do to right their wrongs.

The Winks You Get On Match.com Might Not Be Real

dlever@lsinjurylaw.com (Blog Author)49080 — Thu, 17 Feb 2011 08:00:00 EST

On Match.com, subscribers are encouraged to electronically “wink” at singles whom they are interested in or who they might want to communicate with further. However, a large number of former Match.com customers have reported that many of these “winks” aren’t valid – they are nothing more than an online dating scheme to keep subscribers from cancelling their accounts.

Many customers report that while they may receive a wink or two in a normal week, winks would become increasingly common as the subscriber’s billing cycle ended. When they tried to respond to the winks or contact the person who winked at them (after paying for more months of service, of course), they would often find nothing more than a fake or inactive profile. Unfortunately, what many thought was a flirty nudge was simply a scheme by the dating company to get customers to extend their membership.

Have you wasted your money and your time on Match.com? Have you been a victim of their deceptive business practices? Contact us today to learn more about our Match.com class action lawsuit.

New York State Found Liable For Death Of Motorist On Snowy I-81 Bridge

dlever@lsinjurylaw.com (Blog Author)46521 — Fri, 21 Jan 2011 08:00:00 EST

A New York State appellate court has come to a decision regarding a weather-related fatal car accident that took place on an icy bridge outside of Syracuse on Interstate 81. In the accident, driver William Gardner died – just 36 hours after a similar fatal accident took place in the same place and for the same reason. The day before, former mayor of East Syracuse Jason Rhoades also died of injuries sustained in a car accident on the bridge.

In the NY wrongful death lawsuit, which was filed by Gardner’s family, the court ruled that New York State was responsible for Gardner’s death, as it should have removed the hazardous snow bank from the I-81 bridge following the first fatal accident. The highway department should have known that the snow bank would be a continuing danger and removed it, the judge stated.

In both fatal car accidents, the vehicles side on the icy bridge and then ran into a snow bank pushed against the bridge’s concrete barrier. The snow bank acted as a ramp, allowing the cars to launch off of the bridge and onto the roadway below.

As Many As 60% Of Match.com Profiles Are Fake, Customers Say

dlever@lsinjurylaw.com (Blog Author)46523 — Tue, 11 Jan 2011 08:00:00 EST

Match.com boasts over two million members – and regularly advertises this impressive number of singles that are looking for love on their online dating site. However, a new class action lawsuit that has been filed by five former customers of the personals website claim that where they were looking for romance, they often found inactive profiles, fake profiles, and scams.

In the Match.com class action lawsuit, the customers state that as many as 60 percent of the dating profiles don’t have real singles behind them. In reality, many of the members are either inactive, without premium membership (which means that they cannot communicate over email), or fake people with fake profiles. In fact, many of the fake profiles feature stock images found on the internet, sometimes of pornography actresses or models, and involve internet scams.

Instead of screening users and removing fake or unused profiles, the recent Match.com class action lawsuit states that the online dating company simply let the profiles stay – and used them to inflate their number of users when advertising their services.

New York Police Officer Faces Workers' Comp Fraud Charges

dlever@lsinjurylaw.com (Blog Author)45551 — Thu, 23 Dec 2010 08:00:00 EST

A New York man has been arrested for workers’ compensation fraud after police say he continued to work at a part time job while receiving workers’ compensation from an injury he incurred at another job.

According to the New York State Insurance Department, 26-year-old Kevin Schwebke of Catskill, New York, suffered an ankle injury in 2009 while working as a corrections officer at the Coxsackie Correctional Facility. After the injury, he began to receive workers’ compensation and stopped work at the facility. However, at the same time that he was receiving benefits for his injury, he was also working a part-time job as a police officer at the Town of Cairo Police Department.

Authorities say that Schebke falsely stated that he could no longer work as an officer after his ankle injury – an example of workers’ comp fraud that could lead to up to seven years in prison. Since 2009, he has accepted $39,000 in workers’ compensation benefits.

NYC Bus & Truck Collision Leave Five Injured In Queens

dlever@lsinjurylaw.com (Blog Author)45550 — Wed, 22 Dec 2010 08:00:00 EST

A dramatic three-vehicle accident in Queens, New York last week was caused by mechanical problems with a city bus, the driver of the bus said.

According to the New York Post, the accident occurred in Hollis when a bus barreled off of the exit ramp of the Clearview Expressway and onto Hillside Avenue, totally out of control. The bus slammed into an SUV, a minivan, and a tractor-trailer, all of which were left tangled in the roadway.

Five people were seriously injured in the bus and truck accident, though all were reported in stable condition at the hospital in the hours after the crash. All of the car accident victims were rushed to New York Hospital in Queens for treatment. Witnesses said that they were shocked that no one was killed in the accident – and relieved that no pedestrians were in the area when the big rig was pushed onto the sidewalk.

NYT: Men Cause 80% Of Serious Car Accidents In New York City

dlever@lsinjurylaw.com (Blog Author)41986 — Sat, 13 Nov 2010 08:00:00 EST

It is an ongoing argument: are men or women worse drivers? An article in the New York Times shares shocking new data that men are the cause of four out of five serious traffic accidents in New York City. The reason? Traffic safety experts say that due to hormones, men are naturally more aggressive and more likely to take risks. This leads to dangerous driving behavior, such as speeding, reckless driving, and running lights. Similar studies have also found that males are more likely to be seriously injured in a pedestrian accident for the same reasons.

Others say that the study is flawed: although men are responsible for more car accidents, they are also more likely to be behind the wheel. The vast majority of taxi drivers, limo drivers, and delivery truck drivers are men – and 60 percent of non-commercial drivers are men.

The data only took serious car accidents in New York under consideration – accidents that led to serious property damage and significant injuries.

New York Couple Sues Hospital For Destroying Frozen Embryos

dlever@lsinjurylaw.com (Blog Author)41985 — Wed, 03 Nov 2010 08:00:00 EST

An Astoria, New York, couple is suing a Long Island hospital after they say that the hospital destroyed their frozen embryos without their permission.

According to the New York Post, Sajid and Abida Mahmood have filed a NY medical malpractice lawsuit against the North Shore Long Island Jewish Center for Human reproduction. The lawsuit, which was filed in Nassau County Supreme Court, alleges that the couple attempted to collect 14 frozen embryos from the hospital after they decided to change doctors, but were told that they had been thawed and destroyed.

Last year, the couple saw Dr. Matthew Cohen, who extracted 18 eggs from Mahmood and fertilized them. Sixteen eggs were successfully fertilized. In two separate procedures, two eggs each were implanted in Mahmood over the last year. Neither procedure resulted in a pregnancy.

A spokesperson from the hospital said that the destruction of the embryos was the result of a misunderstanding.

NY Woman Wrongly Diagnosed With Stomach Cancer; Sues Hospital

dlever@lsinjurylaw.com (Blog Author)40117 — Sun, 03 Oct 2010 08:00:00 EST

A woman who spent two years in an in-home hospice situation on a heavy regiment of morphine for no reason is now suing the hospital that wrongly told her she had terminal stomach and lung cancer.

In the fall of 2008, 85-year-old Ramona Jimenez went to the doctor suffering from stomach pains. The Brookhaven Memorial Hospital doctor told the woman that she didn’t have much time to live – she had untreatable cancer and should put her affairs in order. The woman, devastated, spent the next two years drugged beyond recognition – and only recently discovered that she had no trace of cancer in her body.

Jimerez’ New York medical malpractice attorney says that Jimerez and her family have lived through a nightmare – and that her wrong diagnosis is worth millions of dollars.

It is unclear why the woman was misdiagnosed with cancer or what went wrong. Brookhaven Memorial Hospital has not commented on the NYC medical malpractice case.

Manhattan Woman Gets $500,000 After Being Hit By NYC Bus

dlever@lsinjurylaw.com (Blog Author)40116 — Sat, 02 Oct 2010 08:00:00 EST

A 74-year-old woman was awarded $500,000 by a Manhattan jury after she sued the New York Transit Authority for the injuries she sustained in a pedestrian accident involving a city bus.

The bus accident injury lawsuit is unique in that the NY Transit Authority claimed during the trial that the accident never occurred. According to the injury victim, factory worker Antonia Reyes, she stepped off of a curb and was struck by a bus. She refused immediate medical attention and the temporary driver asked her not to report the crash. After she arrived home, however, her daughter rushed her to the emergency room, where doctors discovered several fractures as well as tissue and ligament damage. She required an expensive and painful knee replacement surgery.

Reyes’ personal injury lawyer proved the case with bus schedules, witness testimony, and interviews with Reyes’ doctors. It is unclear what happened to the temporary bus driver who caused the public transportation accident.

Construction Workers Sues TV Star Adrian Grenier After Ladder Accident

dlever@lsinjurylaw.com (Blog Author)39422 — Sat, 25 Sep 2010 08:00:00 EST

Adrian Grenier, star of the hit television show “Entourage”, is facing a construction accidnt lawsuit after a New York City construction worker was injured at the actor’s home in Brooklyn. According to the personal injury lawsuit, NY construction worker Albeiro Nunez was making repairs at the apartment when he was seriously injured in a ladder accident.

The construction worker’s lawyer said that the construction equipment included “an unsafe, improper, defective and otherwise dangerous ladder” and that his client suffered severe injuries to various parts of his body. It is not clear why the accident occurred or the extent of the construction worker’s injuries.

The home is owned by Greier, who plays Vincent Chase on the popular HBO show, and his mother also resides at the residence. Neither has commented publically on the NYC injury lawsuit.

NYC Man Breaks Legs Falling From 39th Story Of Building

dlever@lsinjurylaw.com (Blog Author)39420 — Fri, 24 Sep 2010 08:00:00 EST

A 22-year-old man fell off of the roof of a New York City high rise last week, but survived with the help of a parked Dodge. New York City Police say that Thomas Magill suffered serious injuries, especially to his legs, but surprisingly survived his fall on West 63rd St. in NYC by falling through the back windshield of a car parked on the side of the road.

The man is in critical condition at a local hospital with two broken legs and other injuries, while the owner of the car says that the miraculous survival was due to some rosary beads inside the vehicle. Police are investigating why Magill fell from the building.

In 2007, a New York City window washer also survived a comparable fall. This NYC fall also comes after a Brooklyn man fell onto a spiked fence from a building’s balcony this summer.

NY Workers' Comp Board Says Erie County Check Policy Illegal

dlever@lsinjurylaw.com (Blog Author)36651 — Fri, 20 Aug 2010 08:00:00 EST

Is Erie County breaking the law by forcing their injured workers to come to work every two weeks to pick up their workers’ comp check? According to the New York State Workers' Compensation Board, they are. In fact, the board voted unanimously that Erie County stop the practice, which affects an estimated 300 New York workers.

However, County Executive Chris Collins says that the practice will continue despite threats of significant fines and penalties. According to Collins, making injured workers come to work to pick up their checks gives the county a chance to see how they are and to offer opportunities to come back to work in some capacity.

Many of the injured workers are refusing to pick up their workers’ comp checks in person and other Erie County workers say that they do no demand that injured workers show up in person. Erie County is facing a $36 million budget deficit.

Survey Shows New York Worker Injury And Workers' Compensation Rates

dlever@lsinjurylaw.com (Blog Author)36649 — Thu, 19 Aug 2010 08:00:00 EST

How does the worker injury rate compare in New York compare to the worker injury rate in other state? And what percent of injured New York workers seek workers’ compensation?

According to the 2007 Behavioral Risk Factor Surveillance System (BRFSS) survey, New York has the highest rate of worker injuries of the ten participating states, with 6.9 workers suffering injuries per 100 employees per year. The median number of injured workers per 100 workers was 5.9. The study, which was published in this week’s issue of the U.S. Centers for Disease Control and Prevention's Morbidity and Mortality Weekly Report, also found that an average of 61 percent of injured workers received payment for their medical bills through workers’ compensation.

The findings of this new survey were population-based and self-reporting – two variables that researchers say gave them new insight into New York-level occupational injury statistics as employers often under report worker injuries.

Boat Accident Kills One In New York Harbor – Drinking Involved

dlever@lsinjurylaw.com (Blog Author)34654 — Sun, 18 Jul 2010 08:00:00 EST

The holiday weekend got off to a tragic start on Friday evening when a boat accident in New York harbor killed one person and seriously injured two others.

New York City Police say that 39-year-old Richard Aquilone failed a sobriety test after the accident took place and has been charged with vehicular manslaughter and endangering a child.

The NYC boat accident took place at around 6:30, when Aquilone’s 30-foot boat slammed into a 19-foot boat carrying three 30-year-olds. The smaller boat, which was near the Statue of Liberty, was smashed to pieces. One man, Jijo Punthuyamkunnath, died at the hospital after authorities extracted the man from the remains of the boat.

The driver of the larger boat had a 35-year-old woman and three toddlers aboard his boat. He has said that the fatal New York boat accident was caused by the wake from a larger commercial sight-seeing boat.

Two Brooklyn Boys Serious Injured In Pool Accident

dlever@lsinjurylaw.com (Blog Author)34655 — Tue, 06 Jul 2010 08:00:00 EST

Two Brooklyn, New York boys were seriously injured in a swimming pool accident this week while traveling with their soccer team. Authorities say that the two boys, ages 12 and 13, were swimming with ten to fifteen other members of their team in a hotel pool when both were found in the deep end.

Both of the boys were transported to a hospital – one of the boys was conscious and breathing in the ambulance while the other was unconscious and being resuscitated. The first boy is expected to released from the hospital soon, while the other younger boy has been upgraded from critical condition to stable condition.

The boys were being supervised by multiple adults at the time of the hotel swimming pool accident, but there were no hotel lifeguards on duty at the time of the near-drowning. It is unclear how the boys got into trouble in the water. Currently, authorities are attempting to notify the boys’ families of the swimming accident in New York.

Woman Run Over By Construction Truck On Upper East Side

dlever@lsinjurylaw.com (Blog Author)33686 — Fri, 18 Jun 2010 08:00:00 EST

A construction accident on New York City’s Upper East Side left an elderly woman dead last week – and authorities are still trying to determine why the fatal accident took place.

According to the New York Daily News, a senior woman was walking past a construction site Third Avenue near East 83rd Street at around 9:30 AM when a construction worker backed up a truck into the woman, severely injuring her legs. A doorman who witnessed the NYC construction accident said that the woman’s lower half was seriously mangled, and though emergency responders rushed her to a nearby hospital in critical condition, she later died of her truck accident injuries.

The construction worker who hit the elderly woman was shaken by the accident, remained at the scene, and cooperated with police. At this time, no charges have been pressed and authorities do not believe the driver was negligent at this time.

NYC Hospital Wins Cancerous Kidney Medical Malpractice Lawsuit

dlever@lsinjurylaw.com (Blog Author)33685 — Thu, 17 Jun 2010 08:00:00 EST

A New York widow has lost a NYC medical malpractice lawsuit involving her late husband, who died of cancer after receiving a kidney transplant. According to the Associated Press, a Queens jury sided with the NYU Langone Medical Center in the case, which involved a cancer-riddle kidney transplant and patient Vincent Liew.

Leiw received a kidney transplant in 2002 and soon after was told that the kidney could have cancer – and that cancer could spread to Leiw’s other organs. While Leiw at first decided not to have the organ removed, he eventually did, but only after he was diagnosed with a number of tumors. He later died of the cancer, which a New York autopsy found was the same cancer that came from the donated kidney.

During the New York medical malpractice case, the hospital argued that it had informed the patient of the cancerous kidney immediately and monitored the situation closely.

If You Think A Herniated Disc Is Not Painful -- Just Ask Bono

tcortelli@lsinjurylaw.com (Blog Author)32054 — Sun, 23 May 2010 08:00:00 EST

It is being reported that U2 frontman Bono recently underwent emergency back surgery. Reports are starting to surface that Bono suffered a herniated -- or slipped -- disc while rehearsing for his band's upcoming tour "360 Degrees". This is an interesting development because a herniated disc is a common injury in the motor vehicle accident litigation context. We often represent clients with this type of injury. And each will tell us how painful they injury is -- that it affects everything they try to do -- from work -- to sleep -- to cleaning the dishes. The problem is that the insurance defense industry (the ones that defend your personal injury actions) have this argument that herniated discs are merely one aspect of the aging process, that everyone has one, and that they are not painful. In other words, they call our client's liars. Now, we always knew our clients are telling the truth, and we have world renowed doctors who support our client's claims. But, now, when the defendants call our clients liars, instead of pointing to the medical literature, we can just say, if you think a herniated disc doesn't hurt, just ask Bono if he is pain.

NY Consumer Alert: Nissan Recalls 135,000 Infinity Cars Over Defective Airbag

dlever@lsinjurylaw.com (Blog Author)31426 — Wed, 19 May 2010 08:00:00 EST

Following in the wake of the massive Toyota defective car recall, this week the Nissan Motor Company recalled 135,000 Infinity G35 car models due to a possibly defective airbag. The automaker announced that the affected models include the G35 Coupes from 2005, 2006, and 2007 as well as the G35 Sedans from model years 2005 and 2006.

The car company announced that a problem with the wife harness on the passenger side airbag could be defective and cause the airbag not to deploy at the time of an accident.

At this time, Nissan does not have a plan on how to recall and repair the issues, though they told customers with airbag warning lights on to bring their car into a Nissan dealer for assistance. A detailed plan for the defective auto part recall will be given to the National Highway Traffic Safety Administration (NHTSA) and put underway in the next two months.

Man Loses NY Medical Malpractice Suit Over Wife's Cosmetic Surgery Death

dlever@lsinjurylaw.com (Blog Author)31424 — Tue, 18 May 2010 08:00:00 EST

When 42-year-old Kay Creegan of Limerick went in to have a facelift, a preventable complication caused her to have a heart attack. She died two days later from complications from the failed surgery.

This week, her husband, Liam, lost a New York civil suit against an anesthesiologist and a nurse who he said were partially responsible for the death. However, last year, Creegan won a $2.1 million New York medical malpractice settlement from Dr Michael Sachs, the surgeon who a judge said was negligent. Sachs has a history of 33 NY medical malpractice lawsuits for other botched cosmetic surgeries. In addition, the nurse’s insurance company reached a settlement with Creegan for $1 million.

If you or someone you love has been the victim of a botched cosmetic surgery or another medical malpractice incident in New York, it is important to speak to an experience medical malpractice lawyer.

Another Staten Island Ferry Accident

tcortelli@lsinjurylaw.com (Blog Author)31267 — Mon, 10 May 2010 08:00:00 EST

So, it happened again -- The New York City Staten Island Ferry Crashed -- And it was the same ferry that crashed last time. You would think the City learned its lesson last time. Last time, the City got hit for millions when plaintiffs and their attorneys showed that the City was to blame for the accident. And, we are hearing thru the grapevine that the City was aware that the engines on the boat were giving the ferry trouble prior to this accident. In the legal field, we call this prior notice. In other words, they should have known that the ferry was at risk for crashing. Anyway, the calls are already coming into our office. People are asking us to help them with their lawsuit against the City. Many people are injured; they cannot work; they do not know who is going to pay their hospital bills; So, here we go again. I guess the City did not learn its lesson last time. Hopefully, we make a bigger impression this time!

If you are an injured victim of the Ferry Crash, please call us for a free consultation.

NYC Construction Worked Receives $2.8 Million Settlement After Traumatic Brain Injury

dlever@lsinjurylaw.com (Blog Author)29715 — Wed, 14 Apr 2010 08:00:00 EST

A New York man was awarded $2.8 million in damages after he suffered a traumatic brain injury (TBI) while on the job at a Bronx construction worksite. According to court records, the worker was tiling a wall in a New York City Transit Authority train station when a temporary light in the station fell onto his head. In addition to the traumatic brain injury, the man also suffered from a subdural hematoma and several herniated discs in his vertebrae near his neck. It was determined that the Bronx on-the-job accident, which occurred on 161st Street, was due to the negligence of the NYC Transit Authority and should have been prevented.

While the Bronx jury decided to give the man $2.8 million in compensation for his New York construction accident injuries, the amount was reduced to $1.6 million. The New York City Transit Authority is expecting to appeal the court’s decision.

Fatal Crane Collapse: City Fined, Crane Owner Pleads Not Guilty

dlever@lsinjurylaw.com (Blog Author)29714 — Tue, 13 Apr 2010 08:00:00 EST

New York City has been fined $5,000 after refusing to turn over important documents relating to the fatal crane collapse that took place last spring in Manhattan. The Building Department documents, which include emails and equipment inspection information, are needed in the NYC wrongful death lawsuits filed by the families of two of the men killed, Donald C. Leo and Ramadan Kurtaj. The wrongful death lawsuit is against the crane company, the company’s owner, the NYC Building Department, and others involved in the accident.

The owner of the crane company is also now facing charges for manslaughter in the deadly New York construction accident, though he has entered a not guilty plea. The man, James Lomma, hired a Chinese company to fix the crane before the accident even though the company admitted that it might not be able to properly do the job.

A New York City inspector has already resigned in the wake of the Manhattan crane accident.

Bronx Boy In Critical Condition After Traffic Sign Strikes Him On Sidewalk

dlever@lsinjurylaw.com (Blog Author)28876 — Wed, 24 Mar 2010 08:00:00 EST

A preschool-aged boy is in critical condition after being struck by a traffic sign. NYC Police say that the four-year-old boy was walking to school with his mother when a NYC car accident caused the sign to fall.

The Monday morning accident resulted in Joshua Delarosa being rushed to at New York Presbyterian Hospital Columbia with serious injuries. His mother, Romula Fernandez, suffered minor injuries in the pedestrian accident.

The accident took place at the intersection of Broadway and W. 230th St., where witnesses say a city truck cut off a livery cab, causing the cab off of the road and into a pedestrian crossing sign. Both the truck driver and the cab driver helped on the scene. Neither has been charged or cited.

A number of pedestrian accidents occur in New York City when a car involved in a traffic accident swerves off the road and onto sidewalks.

Norwich Drunk Driver Sentenced After Fatal NY Car Crash

dlever@lsinjurylaw.com (Blog Author)28877 — Wed, 24 Mar 2010 08:00:00 EST

Following a serious New York car accident that left one teenager dead and another with an amputation, a Norwich teen has been sentenced to three to nine years in prison.

The NY car crash occurred in April 2009, when Trebor Hoxie, now 18 years old, was driving four friends after a night of partying. When the van crashed, three people were seriously injured and one young woman, 18-year-old Ashley Crisell, was pronounced dead at Wilson Regional Medical Center in Johnson City. The accident occurred at 5:30 early on a Sunday morning.

Hoxie, who was driving drunk and can’t recall the car accident, plead guilty to aggravated vehicular homicide. He only held a learner’s permit at the time of the crash. The sentence was part of a plea arrangement. Otsego County Court Judge Brian D. Burns presided over the case.

Mayor Bloomberg Pulls Prius Cars Off NYC Streets Following Recall

dlever@lsinjurylaw.com (Blog Author)27080 — Mon, 22 Feb 2010 08:00:00 EST

Following a global recall of 437,000 Prius model cars, New York City Mayor Michael Bloomberg ordered that they city’s 2010 Prius vehicles all stay off of the city streets in order to prevent possible NYC car accidents.

The 181 cars had recently been ordered by the city to join an estimated 23,000 NYC government vehicles. At the time of Bloomberg’s announcement, 16 of the cars had arrived for use and six cars were already in use in the New York area by various departments.

The 2010 hybrid cars, which have excellent as mileage and are environmentally friendly, were to be used by a number of government agencies, including environmental agencies and health agencies. However, large-scale Toyota recalls involving faulty floor mats, gas pedals, and accelerators has many worried about the safety of the vehicle.

The city does not own any other recalled Toyota models and won’t be pulling any other type of car from its fleet.

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

dlever@lsinjurylaw.com (Blog Author)26711 — Sun, 14 Feb 2010 08:00:00 EST

A new study released by Sheldon H. Jacobson has revealed that handheld cell phones are more effective in high-density urban areas like New York City. The study, which studied data from 62 countries involved in cell phone bans found that although all drivers are equally distracted while driving and talking on a cell phone, those in high-traffic and high-pedestrian areas are more likely to become involved in an accident while multi-tasking behind the wheel.

Specifically, the study found that since lawmakers banned talking on the cell phone in New York, urban counties such as Queens, the Bronx, and New York County, saw a significant reduction in fatal car accidents and car accident injuries, especially when compared to the reduction in car accidents in more rural upstate counties.

Generally, researchers found that the cell phone ban reduced the number of fatal car accidents in 46 of the 62 countries that have enacted a handheld cell phone ban.

Brooklyn Worker Yuquan Chen Crushed By Granite Slabs

dlever@lsinjurylaw.com (Blog Author)25131 — Sat, 16 Jan 2010 08:00:00 EST

The Occupational Safety and Health Administration (OSHA) and the New York Police Department are investigating an on-the-job accident in Brooklyn that left one man dead. According to the New York Daily News, 47-year-old Yuquan Chen of Gravesend died when a number of granite slabs fell onto his head and crushed him. The man died instantly at the time of the worker accident, around 9:30 am on Monday, December 7.

The fatal worker accident took place at 1339 61st St., the site of First Choice Supply located in Borough Park. Although his coworkers lifted the granite countertops with a forklift, the man was pronounced dead at the scene of the on-the-job accident.

The OSHA will explore whether any workplace safety violations that could have contributed to the accident, though no prior safety violations or injury incidents have ever before been reported from the First Choice Supply address.

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

dlever@lsinjurylaw.com (Blog Author)25104 — Fri, 15 Jan 2010 08:00:00 EST

In Buffalo, New York, an injured woman is suing after she was struck by a vehicle driven by Buffalo Bills NFL football player Marshawn Lynch in May of last year. Kimberly Shpeley was crossing the street in downtown Buffalo when Lynch struck her with his Porsche and then left the scene of the accident while driving under the influence.

Lynch reached a plea deal with prosecutors that allowed the athlete to avoid jail time for the pedestrian accident, but now he is facing a lawsuit involving Shpeley’s personal injuries. The New York personal injury lawsuit filed with the Erie County Supreme Court, though no specified amount for damages was listed. For the initial accident, Lynch paid a $100 fine for not taking due care toward a pedestrian.

It is unclear what injuries Shpeley suffered from, though she is no longer in the hospital and can walk.

A Patient Dies, and Then the Anguish of Litigation

tcortelli@lsinjurylaw.com (Blog Author)24109 — Tue, 29 Dec 2009 08:00:00 EST

In an article in today's New York Times, Dr. Joan Savitsky writes about her personal ordeal in being named as a defendant in a personal injury lawsuit. I thought the article was excellent because it attempts to examine the emotional issues that arise out of the personal lawsuit context. Although the article mostly discusses the emotional toll the lawsuit may have on a defendant, take it from me, the same type of soul searching happens on the plaintiff's side. Dr. Savitsky briefly mentions in her article that the plaintiffs, the children of the doctor's patient who passed away from cancer, must have felt anger when their mother died. The doctor asserts that this anger may have been innapropriately directed to the doctor. Now, I am not aware of this case, so I do not know if that is true. However, I have represented clients who were injured by real, undeniable medical malpractice. In those cases, just like Dr. Savitsky felt likely she was unjustly accussed, the plaintiffs who I represented feel the same way when the doctors and insurance companies repeatedly claim that my clients were "fine", that they were lieing, malingering and just out to get money. These plaintiff's of mine felt the same way as Dr. Savitsky when they both questioned the value of our legal system. In any event, whether you are a plaintiff, wrongly injured, or a doctor wrongly accused, the truth of the matter is that neither party is ever ready to deal with the emotional rollercoasters that this lawsuits create. I am glad that Dr. Savitsky had the honesty and courage to give us a sense of what it is like.

Recession Means Cases Flooding Courts

tcortelli@lsinjurylaw.com (Blog Author)24057 — Mon, 28 Dec 2009 08:00:00 EST

The NY Times wrote today that the Recession is having an impact on New York's Court system. As the article goes, the recession is causing those not normally involved in the Courts into the Courts. The article notes that credit card companies and mortgage companies are suing more than usual to recover for sums loaned out but not paid. Obviously, because of the recession, people are losing jobs (or their net worth is shrinking), making them unable to repay. In addition, in the criminal context, petty criminal offenders are increasing, like those who jump turnstyles in the City's transit systems. The overall affect is that there will be more delays in the Courts. Delays means it will take you longer to resolve your lawsuit. Notable in the lawsuit, at least to me, is the fact that the article made no mention that personal injury cases are increasing. This is interesting since defendants generally take the posistion that people only sue because they need the money and not because they are hurt. But, if this were true, then shouldn't there have been a major increase in personal injury cases in the last year?

Weezer Band Member Injured In NY Bus Crash Involving Black Ice

dlever@lsinjurylaw.com (Blog Author)23447 — Tue, 15 Dec 2009 08:00:00 EST

Weezer lead singer Rivers Cuomo was injured in a New York bus accident this week, leading to a decision by the band to cancel the remainder of the indie rockers’ tour. The accident occurred on Sunday evening in the eastbound lanes of the New York State Thruway when the bus slid on ice, jumped a guardrail, and turned over in a ditch.

Cuomo suffered significant internal injuries, including cracked ribs. One other person on the bus was injured, though Cuomo’s wife and daughter were not injured in the bus accident. Cuomo has come out to thank his tour bus driver, who acted quickly and correctly when the bus hit ice. New York Police say that the area had seen roughly two inches of snow that day but that there was not significant snow on the roadway at the time of the bus accident.

Weezer has not announced whether they will refund ticket-holders or reschedule their tour.

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

tcortelli@lsinjurylaw.com (Blog Author)23335 — Mon, 14 Dec 2009 08:00:00 EST

The New York Times recently wrote about a ruling by a Florida lawyers disciplinary ruling that forbids lawyers from friending on Facebook the judges before whom they appear. I think the ruling makes sense. I am surprised that a ruling even had to be made. I mean, what do you do when the Judge throws your client's case out of Court? Do you post something on the Judge's page that says he or she is a moron? There are just a bunch of problems with it. On the other hand, Judges do often belong to the same organizations as lawyers. For instance, in New York, Judges belong to the local bar organizations and it is not rare that you get the chance to talk to a judge over a couple of drinks at the bar association's holiday party. The rule is however that you cant "talk" about any pending cases. So, in short, while there are situations that just smack of impropiety, there are occassions where it is just a fact of life. By the way, if you want to be my facebook friend, check me out here and send me a request.

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

tcortelli@lsinjurylaw.com (Blog Author)23386 — Mon, 14 Dec 2009 08:00:00 EST

The article publsihed in the New York Times today was really schocking. I wrote on this issue before. Basically, a new report, written for the Governor, says the juvenile detention system is in shambles. The children are not getting the help they need. Worse, they are often subjected to brutal violance. And, to make matters worse, the children are often sent away from their families to upstate facilities (most of the children are from New York City), which creates a further barrier in attemtping to get them better, which, after all, is the whole point of the system. Anyway, the system is broken and it is encumbant on the State to fix it and fix it now.

Staten Island Construction Worker Crushed By Dump Truck

dlever@lsinjurylaw.com (Blog Author)23215 — Thu, 10 Dec 2009 08:00:00 EST

On November 20, a Staten Island construction worker was killed by a dump truck while building a new section of Richmond Ave. in New Springville that will connect to Rivington Ave.

Staten Island Police say that 53-year-old Jody Reese of Tottenville was out of view of his coworker who was driving the dump truck in reverse. The driver backed over Reese with both his back and front wheels. Although EMS preformed CPR on Reese at the scene of the accident and then rushed Reese to Staten Island University Hospital in Ocean Breeze, doctors pronounced him dead soon after arrival.

Workers continued to lay down the street after the construction accident though the southbound lanes of Richmond Ave. were closed to vehicles during the afternoon’s police investigation.

Police say that the NY construction site death was a tragic accident and that there would not be any criminal charges.

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

tcortelli@lsinjurylaw.com (Blog Author)23202 — Thu, 10 Dec 2009 08:00:00 EST

The Journal News reported today that the family of two of the drivers killed when that crazy, drunken or whatever women drove the wrong way on the Taconic started a personal injury lawsuit. At the press conference, they said it was not about money or revenge. It was about awareness to drunk driving. They pointed out that victims of drunk drivers come in all ages and sizes. Of course, in this case, several children were killed. I think the best that could happen in this case is that we can finally learn what really was wrong with Dianne Schuler -- was she drunk, high or something else. Hopefully, by fleshing out the facts of this case, we can prevent a similiar accident in the future.

Two New York Construction Workers Injured When School Roof Collapses

dlever@lsinjurylaw.com (Blog Author)21472 — Mon, 09 Nov 2009 08:00:00 EST

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.

Yankee's Manager Joe Girardi Helps Car Accident Victim

dlever@lsinjurylaw.com (Blog Author)21395 — Sun, 08 Nov 2009 08:00:00 EST

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.

New York Dog Bite Attorney

dlever@lsinjurylaw.com (Blog Author)19580 — Tue, 06 Oct 2009 08:00:00 EST

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.

New York City Construction Site Accidents Injuries On The Rise

dlever@lsinjurylaw.com (Blog Author)19547 — Mon, 05 Oct 2009 08:00:00 EST

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.

Product Recall: Simplicity Close Sleeper, Bedside Sleeper

dlever@lsinjurylaw.com (Blog Author)18655 — Sun, 20 Sep 2009 08:00:00 EST

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.

DOT Truck And Honda Have Deadly Crash On Brooklyn Bridge

dlever@lsinjurylaw.com (Blog Author)18656 — Sun, 20 Sep 2009 08:00:00 EST

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.

8 percent of those who suffered serious injuries on the job filed for compensation to pay for medical care and missed days at work stemming from those injuries

tcortelli@lsinjurylaw.com (Blog Author)17861 — Wed, 02 Sep 2009 08:00:00 EST

People getting by on low wages also tend to lose out on overtime they've earned, and they're more likely to get paid less than the minimum wage. Those are the findings in "Broken Laws, Unprotected Workers," a new study by the Ford, Joyce, Haynes and Russell Sage Foundations.

The New York Times runs the numbers:

In surveying 4,387 workers in various low-wage industries, including apparel manufacturing, child care and discount retailing, the researchers found that the typical worker had lost $51 the previous week through wage violations, out of average weekly earnings of $339. That translates into a 15 percent loss in pay.
The Times calls the study "the most comprehensive examination of wage-law violations in a decade." Of the workers interviewed, 68 percent had been through at least one violation of their pay rights in the past work week. Female illegal immigrants were most likely to report they'd earned less than the minimum wage -- in industries ranging from garment work to childcare.

The researchers said one of the most surprising findings was how successful low-wage employers were in pressuring workers not to file for workers’ compensation. Only 8 percent of those who suffered serious injuries on the job filed for compensation to pay for medical care and missed days at work stemming from those injuries.

Its amazing how this can still happen in this day and age. The workers compensation system was set-up to help these people. But, obviously, the system is broken.

We need to get the Labor Dept on Board to make sure they do a better job of protecting our workers -- after all, as John D. Rockefeller said, U.S. workers are the drivers of our economy, if they are not happy, we will be going nowhere fast.

Health care reform silent on malpractice

tcortelli@lsinjurylaw.com (Blog Author)17877 — Wed, 02 Sep 2009 08:00:00 EST

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?

tcortelli@lsinjurylaw.com (Blog Author)17878 — Wed, 02 Sep 2009 08:00:00 EST

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.

Children in New York's State Juvenile Prison Centers Deserve Better

tcortelli@lsinjurylaw.com (Blog Author)17370 — Mon, 24 Aug 2009 08:00:00 EST

Children at four juvenile detention centers in New York were so severely abused by workers that it constituted a violation of their constitutional rights, according to a report by the United States Department of Justice made public on Monday.

This is absolutely ludicrous. These children deserve better.

By way of background, in New York, if a child under the age of eighteen commits a crime, or has become so unruly that his parents or guardians cannot control him, the local Department of Social Services (each County in New York has their own i.e. Westchester DSS) takes custody over him or her.

This is done pursuant to a Person In Need of Supervision or PINS petition. A family Court judge signs off on the application and then the local DSS transfers the child to a residential facility that specializes in juvenile detention. The thinking is that the facility is specially equipped to handle these wayward kids. Unfortunately, that theory breaks down once the kid enters the institution.

First, these facilities operate on shoestring budgets. The buildings are always run down and decrepit. And, they have no money to hire any professionals to care for the kids. Instead, they hire aids to watch over the kids. These aids barely make minimum wage. They are often not college educated and they are afforded limited training. Further, they are forced to watch over kids that couldn’t even be supervised by their own parents. Taken together, this makes for an explosive situation.

The kids are generally housed in "cottages" where about 7 or 8 of them live together. These cottages are sometimes "self-contained" in that the kids stay there all the time. They even take their classes there. The Cottage is usually run by a social worker or head psychologist, who may have a masters degree or possibly a college education. He then has several aids who help supervise the kids. The aids work in shifts, some work during the day, some work during the evening, and some work over the night.

When things get bad, the aids are allowed to perform a "restraint" on the kids. This means that the child is subdued if he poses a risk of harm to himself or others. This is supposed to be well-documented. The problem is that sometimes these aids use the restraint technique as a form of corporal punishment instead of when the child poses a danger.

Further complicating the matter is the fact that when a child is inappropriately restrained, the child may have no avenues to seek help. After all, he is a child with a criminal background, or at least a the subject of a PINS petition. Thus, who will ever believe him? And it is so easy for an Aide to say that the kid was acting out. The kids often come from broken families and of limited resources, which is a further roadblock from obtaining justice.

The local DSS is supposed to be following up with their own kids but, of course, they are over worked and ill prepared to handle that type of thing.

In short, the system sucks and our kids deserve better.

Post Script:

From what I see on the web and recent articles, the main culprits are the following:

1. Lansing Residential Center, Lansing, N.Y.;
2. Louis Gossett Jr. Residential Center, Lansing, N.Y.,
3. Tyon Residential Centers (boys and girls), Johnstown, N.Y.

I know that there are other facilities that have juvenile facilities:
1. Berkshire Farms Center Services for Youth;
2. NASSAU CTY. SECURE JUVENILE DETENTION CENTER;
3. WOODFIELD SECURE COTTAGE
Click here for a full list

In light of the recent news reports highlighting the abuses that are rampant at these juvenile centers, we anticipate an onslaught of personal injury lawsuits, which will be based upon the following claims:

1. negligence,

2. medical malpractice (failing to give children proper mental health care),

3. assualt/battery

4. negligent/intentional infliction of emotional distress

4. constitutional torts (42 USCA 1983) (these are claims that are used against govt agencies or agencies sponsored by the state like a juvenile detention center -- they allow a litigant to sue in federal court, permit punitive damages claims and they allow the plaintiff to sue for attorneys fees, which would mean that the plaintiff does not have to pay his personal injury attorney a contingency fee -- these claims, if successful, can really impact the operation of these facilities and thus are a great tool in terms of making these places better and safer for the kids.

Where Have the Trial Lawyers Gone?

tcortelli@lsinjurylaw.com (Blog Author)17263 — Fri, 21 Aug 2009 08:00:00 EST

What Have Personal Injury Trial Lawyers Done?
By: Terrence James Cortelli, Personal Injury Trial Attorney

Big business and the media have conspired to attempt to destroy the image of the American trial lawyer. They have “sold” to the public the image of the trial lawyer as a greedy hustler whose primary goal is to fill his own pocket with money. The “marketing” of this message has been very effective. There is power in the billions of dollars that have been spent in the last decade to defame trial lawyers, their clients, and their cases. The “McDonald’s hot coffee case” is a prime example of the power of money over the truth.

It is no wonder that big business hate lawyers who represent individuals. Trial lawyers have forced manufacturers to put safety before profits.

What have personal injury trial lawyers done?

1. Made almost non-existent death and scarring from flammable children’s pajamas

2. Reduced dramatically the death of infants from choking on small toys

3. Made it much more likely that you will survive an automobile crash (Read SUV roll overs, seat belt laws, all of which were precipitated by personal injury lawyers and their courage in taking on big business)

4. Forced helmet manufacturers to build better football and motorcycle headgear

5. Saved the lives of women who were at risk from defective tampons and contraceptive devices

6. Caused the installation of backup beepers on trucks

7. Have eliminated “killer” swimming pool drains whose suction was so powerful that it drowned children

8. Forced the tobacco industry to surrender

9. And for New Yorkers, put the onus on employers and big time property developers for ensuring that construction workers are provided with a safe work environment.

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

tcortelli@lsinjurylaw.com (Blog Author)16800 — Wed, 12 Aug 2009 08:00:00 EST

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.

Asphalt Roller Operator Dies At New York Road Construction Site

dlever@lsinjurylaw.com (Blog Author)16501 — Thu, 06 Aug 2009 08:00:00 EST

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.

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

dlever@lsinjurylaw.com (Blog Author)16404 — Wed, 05 Aug 2009 08:00:00 EST

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

tcortelli@lsinjurylaw.com (Blog Author)16380 — Tue, 04 Aug 2009 08:00:00 EST

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.

After Rescue, New Weakness Seen at A.I.G.

tcortelli@lsinjurylaw.com (Blog Author)16230 — Sun, 02 Aug 2009 08:00:00 EST

If AIG is truly in trouble, this will be very problematic for persons with personal injury cases. As has been well documented, AIG insures a large number of the insurance policies in place in New York. Thus, if one gest into an accident and brings a lawsuit, the chances are that the person being sued, if he or she has insurnace, will most likely be insured by AIG. Now, however, if AIG is indeed in trouble, it might mean that AIG will have to go into bankruptcy. When this happens, all of the lawsuits brought against parties insured by AIG will be stayed -- or stopped -- until the bankruptcy proceedings are resolved. This can take years. Thus, these underlying lawsuits may be paused for years, keeping parties from ever timely settling or resolving their cases. More troubling, however, is the more omnimous option of waiting years for the bankruptcy proceeding to resolve and then finding out that AIG has no money left to settle the case. This would be a truly nightmare situation. Indeed, considering how large AIG is, this could have a major impact on most cases in New York.

NYC Husband and Wife Killed In Bronx Car Accident

dlever@lsinjurylaw.com (Blog Author)15384 — Wed, 15 Jul 2009 08:00:00 EST

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.

Irish Citizen Dies In Building Site Fall In New York City

dlever@lsinjurylaw.com (Blog Author)15147 — Sat, 11 Jul 2009 08:00:00 EST

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.

Will Smart Car WIFI Systems Make Drivers Safer in 2013?

blog@www.lsinjurylaw.com (News Author)29923 — Fri, 03 Feb 2012 08:00:00 EST

Car technology continues to advance with each new car released to the market. We currently have intelligent dashboards that tell drivers when to put air in their tires, when the oil needs to be changed, and how many miles remain before they will be stranded on the side of the road without gas. Multiple GPS products exist that will give you turn-by-turn directions, by speaking your next moves. Will a new car WIFI system in 2013 give cars the ability to speak to each other and prevent car accidents?
A 40 Million Dollar Federal Investment
More than 40 million dollars has been invested into technology that uses WIFI to detect the potential for a car accident. Ford Motor Company conducted a demonstration of the crash warning system in a Washington DC Parking lot for federal officials, who agreed to provide another 36 million toward additional development of the technology.
Smart Car WIFI technology will alert the driver to potential crash hazards up to 900 feet away in all directions – in front, back, and to the sides of the car. The technology uses WIFI signals that go out in all directions to get the car’s location, brake status and speed.
Concerns involving congested FCC-allocated channels for the WIFI Signals need to be worked out before the Smart Car system can get the official go ahead for car installation. Then there is a potential concern of hackers interfering with the system and general privacy concerns. There will need to be a universal standard across all car makers to make this type of technology work, and would cost manufacturers about $100 per vehicle to install.
It is believed that the Smart Car WIFI technology will be standard on all vehicles beginning in 2013.

Car Accident Attorney Discusses Wrong-Way and Reckless Driving Felony Charges in New York

blog@www.lsinjurylaw.com (News Author)29922 — Thu, 02 Feb 2012 08:00:00 EST

The New York State Senate passed legislation that will charge drivers traveling the wrong-way or driving recklessly with felony driving charges. Aggravated Reckless driving, under Senate Bill 3452, will now result in class E felony charges against drivers who are traveling a speed greater than 30mph over the speed limit when intoxicated or while weaving in and out of traffic; and for drivers traveling against the flow of traffic in the wrong lane whether intoxicated or not. The felony will be punishable with a prison sentence up to four years.
The current law for reckless driving in NY is labeled an unclassified misdemeanor with a maximum of 30 days in prison. Reckless driving will be increased to a class A misdemeanor under this new legislation, and a prison sentence up to a year.
Reason for New Legislation
All over the country, wrong-way drivers cause deadly accidents either from driving while intoxicated, or due to having a death wish and literally looking for a head on collision. Wrong-way drivers may cause accidents at night, when it’s hard to tell the oncoming headlights are in your lane and headed right toward you; or during the day when drivers are simply not expecting to see the car coming at them.
Drivers going the wrong-way have caused many deadly accidents in the state of NY, including Westchester County and New Rochelle. A police officer was killed by a drunk driver traveling the wrong way on Northern State Parkway in 2010.

Men Die in Snowmobile Accidents

blog@www.lsinjurylaw.com (News Author)29698 — Thu, 26 Jan 2012 08:00:00 EST

Two separate snowmobile accidents took the lives of two men in Lewis County over the weekend.
Father of four, Edward Kohles was riding his 2011 Polaris vehicle south on trail #C4A in the town of West Turin, when he lost his life. Riding recreational vehicles is common on the trails in this small town located about 40 miles north of Utica, NY.
It appears that Kohles lost control of his snowmobile and was thrown from the vehicle, where upon he was struck by another snowmobile rider. The other driver was coming in the opposite direction of Kohles. He was pronounced dead at the scene. Details about this accident are under investigation. Funeral services for Mr. Kohles were on Friday, January 27^th.
Just 14 hours later in a completely unrelated accident, another man lost his life while riding his Polaris snowmobile, a 2009 Dragon model. This young man was riding with friends at about 2:30 am on Sunday when he lost control of the vehicle.
Reports say that this rider went off track while trying to navigate a curve. Heading toward the crest of a hill the rider was thrown from his vehicle and struck a tree. Emergency personnel responding to the scene pronounced the man dead. Investigators will be looking into this accident to determine the cause of such an early morning tragedy.
Snowmobile accidents are similar to car accidents or motorcycle accidents due to the speed in which drivers can race across slippery surfaces. Riders should exercise extreme caution when driving these recreational vehicles.

Car Accident Attorney Reports: Drugged Driving Arrests Skyrocket

blog@www.lsinjurylaw.com (News Author)29697 — Tue, 24 Jan 2012 08:00:00 EST

While it's still much more common for drunk driving arrests, police in the greater NYC area are seeing a dramatic increase in the number of arrests of people who are high on drugs. Driving while ability impaired by drugs carries the same penalties as driving under the influence of alcohol. Usually it is classified as a misdemeanor unless the offender has a prior conviction for the same crime.

In 2008 there were 352 arrests for either driving under the influence of drugs or a combination of drugs and alcohol in Westchester, Putnam, and Rockland counties. This is a huge rise over what was seen 10 years ago. The type of person being arrested for drugged driving is a combination of those using illegal street drugs, illegally obtained prescription drugs, and those not using prescription drugs properly. Many prescription drugs carry warnings about operating a motor vehicle while using that medication. These drugs can impair driving abilities.

Police attest the increase in arrests partly to officers being trained to be more aware of the signs of drugged driving. There are 250 Drug Recognition Experts (DRE's) in the state of NY. These specialized officers complete over 200 hours of training in recognizing signs and behaviors of those driving under the influence of drugs. These officers can test vital signs and blood pressure among other things once a suspect has been arrested. Most other officers complete a 16 hour training course to help them identify the basics of drugged driving behavior.

Connecticut Teen Comes Out of Coma After New Year's Day Car Accident

blog@www.lsinjurylaw.com (News Author)29509 — Thu, 19 Jan 2012 08:00:00 EST

The passenger of the 17 year old teen who died in the car accident on Interstate 287 on New Year’s Day has been in a coma since being taken to Westchester Medical Center. Celia Sprouse, a 16 year old car accident victim, has begun responding to commands, like moving arms and legs and opening her eyes. Her father reports that the doctors are optimistic with Celia’s progress, but that it will be a long road to full recovery.

During Celia’s weeks at Westchester Medical Center’s intensive care unit, more than 200 friends and strangers have joined a Facebook page encouraging the teen to get well. Celia’s mother responds and interacts with the well-wishers regularly, and even posts messages to her daughter.

The driver of the BMW, Maggie Radford, was killed. She had been driving Celia home after they spent the holidays together. Radford’s BMW drove off a highway ramp and into a tree. Police continue to investigate the car accident.

Car Accident Attorney Reports: Award-Winning Newsman Killed in Car Crash

blog@www.lsinjurylaw.com (News Author)29508 — Tue, 17 Jan 2012 08:00:00 EST

A veteran and award-winning correspondent was killed in a morning car accident on Friday, January 13^th, when he collided with a propane tanker. Richard Threlkeld was 74 years old, and taken to Southampton Hospital where he was pronounced dead. Earl Fryberger Jr., the driver of the propane tanker, was not injured in the accident. The East Hampton New York Police Department are investigating the cause of the accident.
Richard Threlkeld worked at both CBS News and ABC News for over 27 years. For 25 years he was a reporter, bureau chief and anchor for CBS News, and covered Robert F. Kennedy’s assassination, the Persian Gulf War, The Vietnam War and the Patty Hearst kidnapping and trial. At CBS, he reported on Sunday mornings in 1979; worked with Lesley Stahl from 1977 to 1979 as co-anchor of The CBS Morning News, and alongside Dan Rather for the CBS Evening News. Threlkeld moved to ABC News in 1981, where he reported for “World News Tonight”. In 1989, he returned to CBS News, where his final assignment was as a Moscow correspondent. He wrote a book based on his experience with the assignment, published in 2001: “Dispatches from the Former Evil Empire”. He last appeared on CBS in 2004 for the 25^th anniversary of CBS.
Richard Threlkeld won an Alfred I. du Pont-Columbia University award and several Emmy and Overseas Press Club Awards. His fatal New York car accident was survived by his wife of 28 years, Betsy Aaron, two children, two grandchildren, and a brother.

Boy Struck by Mom's SUV Reportedly Doing Better

blog@www.lsinjurylaw.com (News Author)29365 — Tue, 10 Jan 2012 08:00:00 EST

Last Thursday, a six year old boy was injured when his mother hit him in their Armonk driveway with her SUV. The car accident was just that – an accident – as the child ran in front of the car when his mother’s view was blocked. The mother called for help.

No charges or car accident attorney is required for this accident. Armonk Ambulance arrived and rushed the child to Westchester Medical Center, deciding not to wait for a helicopter because the child’s injuries were so severe. The ambulance received a police escort to the hospital, where he is currently reported to be doing better and with non-life threatening injuries.

Children and the elderly are most at risk for back over car accidents, as they can easily be hidden by a car’s blind spot.

Cohoes High School Bus Accident With Minor Injuries

blog@www.lsinjurylaw.com (News Author)29231 — Mon, 09 Jan 2012 08:00:00 EST

On Thursday, January 5^th, around 10:45am - a Cohoes High school bus was involved in an accident with an SUV on Albany Shaker Road across from the Economy E-lot parking for Albany International Airport. Three students had minor injuries and the bus driver was taken to the Albany Medical Center hospital for non-life threatening injuries.
The accident occurred when a 2006 Honda CRV crossed over into the other lane, and struck the bus driven by Melissa Banaszewski of Clifton Park. Thirteen high school students were on the bus traveling from their BOCES Career & Tech program back to Cohoes High School.
Steven P. Amowitz was driving the Honda, which rolled over on the side of the road after the accident. It appears he may have lost consciousness before the accident, and could have a medical problem. He was not injured in the car accident and relatives took him to a hospital afterward for evaluation. The bus monitor said there was no way for Banasczewski to have avoided the accident.
All students involved in the accident were evaluated by EMTs at the scene, and then again by the school nurse once they arrived at school. None of the students required hospitalization.

Car Accident Attorney Reports: 17 Year Old Teenager Killed on Interstate 287

blog@www.lsinjurylaw.com (News Author)29197 — Thu, 05 Jan 2012 08:00:00 EST

On Sunday, January 1^st, 17 year old Margaret Radford was pronounced dead at the scene after crashing into a tree on the ramp to northbound Interstate 95 around 9pm. Her passenger, Celia Sprouse of Stamford, CT was taken to the hospital with serious head trauma but listed as critical but stable condition by morning.
Radford was driving a 1999, 328i BMW convertible registered in her father's name. It is believed that speed has been a factor in the crash. The car spun out of control and turned several times before hitting a tree on the passenger side of the vehicle. Firefighters had to use an extricating device to remove the girls from the car. The crash is being investigated and police hope witnesses will come forward to provide additional details, by calling 914-769-2600.
Radford was homeschooled, although attended Croton Harmon High school during her junior year, where she was known for her sense of humor and exceptional writing skills. Grief counselors will be on hand at the high school to assist students in dealing with this tragedy.

NY Move Over Law Adds Tow Trucks and Maintenance Vehicles to List

blog@www.lsinjurylaw.com (News Author)29196 — Tue, 03 Jan 2012 08:00:00 EST

The Ambrose-Searles Move Over law in NY from 2010 always required drivers to change lanes or slow down when police cars and firetrucks were on the side of the road with flashing lights. Changes to the law now adds tow trucks and all maintenance vehicles on the side of the road with flashing lights to the list of vehicles you must move over for, or at least slow down when passing. It's a common sense move, to help prevent accidents involving people who stop to help disabled vehicles or injured individuals on the side of busy roadways like the New York State Thruway, but now that it's a law, it's hoped that people will be more mindful and actually remember to slow down or change lanes.
For drivers who violate the Move Over Law, they will pay fines up to $275. Through December 27^th, New York State Police issued 2,375 tickets for violating the Move Over Law, with additional tickets issued by county, town and city police forces. Many people still are not aware of the law, and police officers are holding conferences in an effort to educate drivers about the Move Over Law.

Fatal Texting and Driving Accident in Florida Results in $8.8 Million to Victim's Family

blog@www.lsinjurylaw.com (News Author)29099 — Thu, 29 Dec 2011 08:00:00 EST

In 2008, a teen driver, 17 year old Cruz-Govin, crashed into another vehicle killing Myriam del Socorro Lopez. The teen was charged with speeding and reckless driving, paid a $2,000 fine and lost his license for 6 months. The jury has now awarded the Lopez family with $8.8 million, and the family hopes their case will at least bring more awareness to other drivers about the dangers of texting and driving.
Further investigation into the accident reveals that Cruz-Govin was texting at the time of the accident. He sent 127 texts on the day of the accident and one as soon as two minutes before paramedics were called.
Unlike 35 US states that have already banned texting and driving, Florida does not ban cell phone use or texting while driving. Texting and driving increases car accident risks by 2,300 percent, according to the National Transportation Safety Board research. Research also shows that talking on the phone while driving creates the same level of risk as driving with a .08 percent blood alcohol level.
The accident investigation also revealed that texting while driving may not have been Cruz-Govin’s only distraction – there was also marijuana and cocaine found in the car, along with a half bottle of cough syrup.

Alcohol and Drugs Responsible for Several Holiday Weekend Car Accidents

blog@www.lsinjurylaw.com (News Author)29098 — Tue, 27 Dec 2011 08:00:00 EST

Christmas weekend resulted in at least 9 DWI charges by state police in NY. The convictions include a woman with a previous driving while intoxicated conviction. Nancy Hack, age 63, caused a car accident at 9pm on Christmas when she cut off a car turning into a gas station on Route 22. The 57 year old driver of the other car was taken to the hospital with several broken ribs. Hack’s blood alcohol level was twice the legal amount for driving while intoxicated in the state of New York, and faces a felony due to the previous conviction.
A New Jersey man driving on the Palisades Interstate Parkway in Clarkstown, Ramiro Torreslemus, was driving while intoxicated at 9pm on Christmas. Also on the Palisades Interstate Parkway, a 53 year old man of Sparkill, James A. Webber, was charged with driving while intoxicated and aggravated driving with a blood alcohol level of at least .18 percent at 7:50pm.
A 38 year old woman, Sandy Krieger from Connecticut, was charged with a misdemeanor for driving while intoxicated on Saturday at 6:30pm on Milltown Road.
A 47 year old Bronx woman, Josephine Alberti, was charged with driving while impaired with drugs at 3am on Monday in New Rochelle on Interstate 95.
A Sleepy Hollow man, Oswoldo Rojas Moposa, driving on Interstate 287 in White Plains, NY was charged with driving while intoxicated at 5am on Christmas.

Not Many Want Full Bans on Phone Use While Driving

blog@www.lsinjurylaw.com (News Author)28936 — Fri, 23 Dec 2011 08:00:00 EST

The National Transportation Safety Board recommended that all states ban cell phone use while driving – this includes use of hands free phone systems, texting, or any other use of the phone while behind the wheel. They recommend the ban on phone use for all drivers, whether driving a car, a school bus or a tractor trailer due to the number of car accidents caused by cell phone use.
The recommendation has resulted in a debate between people who feel a complete ban of phone use while driving is too excessive and those who feel everyone's safety is at stake.
There aren't many police officers who will object to a ban on holding a phone or texting while driving, but banning hands-free devices is not something everyone can agree on. The Sherriff of Putnam, Donald B. Smith, feels the distraction comes from typing a text into a phone or from having to hold the phone while you drive, rather than talking itself. “The real issue is keeping your eyes on the road,” he said. He even goes as far to say that using a hands-free device can be helpful to drivers who are on the road late at night, since the act of talking to a friend while driving will help you stay awake and more alert to avoid car accidents from fatigue.
There is no question that distracted driving causes many car accidents, but the general consensus is you can't save people from themselves – a ban on hands-free phone use could lead to a ban on changing CDs or radio stations, or from having a cup of coffee in the car.

Dozens of Trucks Stuck Under Bridges on the Westchester Parkway Each Year

blog@www.lsinjurylaw.com (News Author)28903 — Wed, 21 Dec 2011 08:00:00 EST

Each year, several dozen tractor trailers get wedged under Westchester Parkway bridges. In 2008, 46 trucks got wedged, 54 trucks in 2009 and 33 trucks last year. While the majority of these truck accidents don’t result with injuries – they do tie up other traffic and can cause damage to other cars on the road and require the services of a Westchester truck accident attorney.

Most of the truck accidents on Westchester Parkway are caused by out-of-state truck drivers unfamiliar with the bridges, many with clearance height of just 9 feet while some tractor trailer trucks are 13 feet high.

Truck accidents on Westchester Parkway have been an issue for decades, and officials are not sure how to keep the tractor trailers from traveling the parkways.

Westchester Truck Accident Solutions

George Latimer, D-Rye, Assemblyman and member of the Transportation Committee has suggested large black-on-yellow signs on I-95, I-287, and I-685 so truck drivers would see the signs before reaching the parkways.

Transportation officials and police are also looking at more high-tech (and therefore more expensive) solutions including a digital sensor that flashes a sign or sounds an alarm when a tractor trailer passes to warn the driver of impending danger.

Reflected stickers placed on road signs in the Bronx did not reduce the number of collisions caused by trucks traveling roads they shouldn’t be on. A task force in place to eliminate these truck accidents has plans for trying “the Wizard” near the King Street Bridge. The Wizard will send a message to truck drivers CB channels that the bridges on the Westchester Parkway are not high enough to accommodate trucks.

Car Accident Injures 5 Teenagers When Driver Swerves to Avoid Leaves

blog@www.lsinjurylaw.com (News Author)28902 — Mon, 19 Dec 2011 08:00:00 EST

When 18 year old driver, Karl Allen Christman, jerked the wheel to avoid a pile of leaves in the road, he lost control of his 1994 Jeep SUV and it rolled over in the street. It was about 9:00pm on December 18^th, and it’s possible the driver was not sure what was in the road, so instinct to swerve was likely to have kicked in. No charges have been filed, and the car accident remains under investigation.

There were a total of 7 people in the Jeep, ranging in ages between 17 and 28 years old. Five of the passengers including the driver, were taken to Putnam Hospital Center for non-life threatening injuries, while the other two passengers declined medical care at the scene.

Both Brewster and Putnam Lake Fire Departments and ambulances responded to the scene due to the number of potential injuries involved in the rollover on Prospect Street.

Teen Drivers and Car Accidents

Teen car accident statistics are scary. About 36% of all teen deaths in the United States are due to car accidents. More than 5,000 teenagers between the ages of 16 and 20 die in fatal car accidents annually; and another 400,000 teen drivers are seriously injured each year.

As a NY car accident attorney, we understand that a serious car accident can leave you with severe injuries, extensive medical bills, lost wages, permanent disabilities, and chronic pain. We will aggressively pursue your case to the fullest extent necessary to get you the compensation that you deserve for your losses.

Sunday Night North Patchogue Car Accident Under Investigation

blog@www.lsinjurylaw.com (News Author)28730 — Fri, 16 Dec 2011 08:00:00 EST

On Sunday, December 11^th at 6:30pm, a car accident involving two cars in North Patchogue, New York resulted in one driver seriously injured and another dead. The car accident is being investigated by Suffolk County Police Fifth Squad detectives to try and determine the cause of the crash.

The driver of a 2002 Toyota Camry, a 59 year old Medford woman, was sitting in the Gateway Plaza Parking Lot on West Sunrise Service Road. Witnesses of the car accident say the driver appeared to be slumped over her steering wheel as the car sped up across the parking lot, hit a curb, and landed on top of a 1997 Chevrolet pickup truck driving down West Sunrise Service Road. Matthew Wick, age 52, was driving the Chevrolet. He was listed in serious condition at Brookhaven Memorial Hospital located in East Patchogue, New York. The driver of the Toyota was transported to the same hospital, and pronounced dead.

Investigations will include safety checks on both vehicles. The Suffolk County Police detectives are asking if anyone has additional information regarding this car accident to contact them confidentially at 631-854-8552.

School Bus Accident in Cortlandt New York

blog@www.lsinjurylaw.com (News Author)28729 — Wed, 14 Dec 2011 08:00:00 EST

On Monday, December 12^th, a minor school bus accident occurred on Route 6 near Parkway Drive at about 7am. There were no injuries, and the students were taken immediately to school on the same bus after investigators spoke with the students and the driver of the Lakeland Transportation bus.

School Bus Accident Statistics

Out of more than 25 million children riding 474,000 school buses to school annually, the National Highway Traffic Safety Administration statistics indicate less than 8 school bus passengers die per year. Their statistics also show that about 8,000 children are injured in school bus accidents annually, with about 42% of those injuries coming from accidents, but a full 25% coming from children boarding or exiting the school bus.

School Bus Safety Reminders for New York Drivers

Remember when you see school buses in the area, there's a good chance that children will be near by, walking or waiting for buses. Children have been known to act on impulse and could dart across the road unexpectedly, so be prepared.

If you see a school bus with yellow lights flashing, slow down and prepare to stop whether you are approaching the bus from behind or in another lane going in the opposite direction. When the bus lights turn to red, you must stop.

Head-on Car Accident on Bear Mountain Parkway Ends 27 Year Old's Life

blog@www.lsinjurylaw.com (News Author)28728 — Tue, 13 Dec 2011 08:00:00 EST

On Friday, December 9^th, a head-on car accident on the Bear Mountain Parkway in Cortlandt, NY ended in the death of a 27 year old passenger. The parkway was closed for over 2 hous while police investigated at the scene.

The driver of a 2012 Nissan Altima, a 55 year old man from Cortlandt, was traveling the Bear Mountain Parkway in the westbound direction, while the 24 year old driver of a 2008 Nissan Altima was traveling in the eastbound direction. The two cars collided around 6:00pm.

A passenger in the 2008 Nissan, age 27, died from his injuries at the Hudson Valley Hospital Center in Cortlandt. The driver of the 2008 Nissan was treated at the same hospital for non-life threatening injuries. The driver of the 2012 Nissan was treated for non-life threatening injures at the Westchester Medical Center in Valhalla, NY.

The car accident is under investigation, and the names of the victims has not been released as their families have not all been notified yet. It is not known what caused the 27 year old's death at this time.

More Than 10,000 People Per Year Killed from Texting, Talking and Driving

blog@www.lsinjurylaw.com (News Author)28652 — Thu, 08 Dec 2011 08:00:00 EST

Researchers from the University of North Texas Health Science Center, Fernando Wilson and Jim Stimpson, discovered that 16,000 people died from texting or talking while driving between 2001 and 2007. This is equivalent to about 10,000 people per year, although more recent statistics show that the number of texting related deaths are on the rise each year as more people get phones with texting capabilities. In fact, the University researchers estimate that the number of deaths by texting or talking on the phone while driving increase 19% for every million new cell phone subscribers.

Enforcement Problems

Despite knowing the dangers of distracted driving, and knowing that many states have banned using cell phones while driving, people continue to use phones behind the wheel. It’s a problem of enforcement – unlike drunk driving, where a test can reveal whether or not a driver had been drinking before getting in the car; unless a cop is lucky enough to see a driver texting while driving, it’s a difficult issue to enforce. Very few tickets are written for texting while driving, yet the number of car accidents have not decreased since states started banning cell phone use while driving.

Get Help From a White Plains Car Accident Attorney

If you or a loved one has been injured in a car accident involving a driver who was using their cell phone, you can discuss your options with a White Plains Car Accident Attorney, Lever and Stolzenberg.

People Continue to Text and Drive Despite Obvious Dangers

blog@www.lsinjurylaw.com (News Author)28651 — Tue, 06 Dec 2011 08:00:00 EST

Numerous studies have proven the dangers associated with texting and driving, but drivers around the country continue to text, chat, and check their email on their cell phones while behind the wheel. Virginia Tech Transportation Institute conducted a study that shows people are 23.2 times more likely to get into a car accident when texting than when not texting, which lead the government to ban government employees , truck drivers and bus drivers from texting while driving.

Additional Texting and Driving Findings from AAA

In 2011, the AAA Foundation for Traffic Safety published the Traffic Safety Culture Index which indicated that 87% of drivers support laws for banning texting, reading or emailing while driving, but 35% of the same people admit to having read or sent a text or email with their phones while driving in the previous month.

Texas A&M Texting and Driving Experiment

The Texas Transportation Institute put 42 drivers on a test track and asked them to send and receive text messages while driving. Drivers were asked to stop their car whenever they saw a flashing yellow light on the course. The same drivers were compared on the test track when not engaged in texting and driving. The result found that drivers without cell phones responded to the yellow lights in 2 seconds or less and drivers who were texting took an average of 3 or 4 seconds. Drivers who are texting were 11 times more likely to miss the flashing light all together.

New York Murder/Suicide Tragedy

blog@www.lsinjurylaw.com (News Author)28468 — Fri, 02 Dec 2011 08:00:00 EST

The Mahopac and Carmel New York communities are still in shock over last week's Murder/Suicide tragedy of two family men. A Carmel Highway Department Mechanic, Michael Boccardi, killed his co-worker, Michael Purdy, and then took his own life. Purdy had just returned from having dinner with Boccardi's estranged wife.

Leading up to the murder/suicide, people close to Boccardi said they could tell something was wrong. The Carmel police Chief, Michael Johnson said Boccardi seemed down, and that he had lost a lot of weight but when he asked Boccardi if everything was alright, Boccardi had replied that he just had some problems he needed to work out.

Boccardi was described by the Carmel Supervisor, Ken Schmitt, as a gentleman. Purdy was president of the Mahopac Volunteer Fire Department, was once a youth sports coach, ran the holiday tree-trimming operations, and worked on his friends' cars in his free time. Both men worked for the same employer, but they didn't spend much time together on the job – but they graduated from the same high school and were described by others as close friends. Both men were separated from their wives, and each fathered four children.

Boccardi's estranged wife, MaryAnn Boccardi, shared dinner with Michael Purdy on Wednesday night. When she dropped Purdy off at his home, Boccardi came out of hiding from the bushes and shot Purdy in the head. He got into the passenger side of his wife's car and shot himself.

Joseph Maxwell, the owner of the cottage Purdy rented, attempted to revive Purdy until police arrived at 10pm. Both Purdy and Boccardi were announced dead on the scene.

Two Motorcycle Accidents in Westchester Leave One Serious Injury and One Death

blog@www.lsinjurylaw.com (News Author)28467 — Wed, 30 Nov 2011 08:00:00 EST

Motorcycles offer little to no protection of the driver if they are involved in an accident. More motorcyclists are seriously injured or killed when involved in an accident than drivers of any other vehicle. Westchester, New York was the setting for two motorcycle crashes last Sunday.

Motorcycle Accident on Winnetou Road

Alexander Herrera-Washington, a 25 year old Greenburgh man was traveling on Winnetou Road on his motorcycle around 2am. He apparently lost control of the motorcycle and crashed near Leather Stocking Lane. He was admitted to the intensive care unit at the Westchester Medical Center, and people are asked to come forward if they have any information about the accident or may have seen it happen – you can call Greenburgh detectives at 914-682-5325.

Motorcycle Accident on Dobbs Ferry Road

Also on Sunday, around 5pm, another driver was involved in a motorcycle accident that resulted in his death. The man has not been identified. The driver of the motorcycle attempted to make a left turn off route 100B onto Sprain Brook Parkway, and was struck by a white Toyota. No one in the Toyota was injured and charges have not yet been made, but police say alcohol was likely not a factor in the crash.

Drink and Driving in New York Don't Mix

blog@www.lsinjurylaw.com (News Author)28466 — Mon, 28 Nov 2011 08:00:00 EST

Despite the well-known and documented dangers associated with drinking and driving, people continue to risk their lives and those of innocent others by choosing to drive while intoxicated.

Recent Drunk Driving Charges in New York

During recent New York traffic stops in Putnam, Westchester and Rockland counties, state troopers charged 12 drivers with driving while intoxicated. Of the 12, two were drivers previously convicted of drunk driving, resulting in their charges becoming elevated to felonies.

Among people charged with DWI’s are three men traveling the Sprain Brook Parkway in Greenburgh: Eric Makris was driving while intoxicated on Saturday at 10am; Vincent Lasorsa was charged at 2am on Sunday, and , and Marc Fennell was charged at 1:30am on Saturday.

Two men were charged for driving while intoxicated on the Palisades Interstate Parkway in Clarkstown: Latchman Ram at 2:30am on Sunday and Marcos Simon at 4am on Sunday. Latchman Ram had a blood alcohol level more than two times the legal threshold for driving intoxicated in New York.

Car Accident Injury Attorneys Report Safer Roads in Smithtown, NY 2 Years After Death of 11 Year Old Girl

blog@www.lsinjurylaw.com (News Author)28277 — Thu, 24 Nov 2011 08:00:00 EST

On November 24, 2009 – Courtney Renee Sipes was killed by a hit-and-run driver while crossing Main Street near her home. Several people have been hit and injured or killed in this same area of road, and even two years later, Courtney's parents work tirelessly to enact safer road conditions for the community. Most recently, Courtney's mother attended a DOT meeting to discuss possible solutions to this difficult section of road. Already, an iron fence has been installed along a portion of the sidewalk to prevent people from crossing without the crosswalk; and crosswalks have been painted at the intersection. There is discussion for either narrowing the road from four lanes to two lanes and creating specific turn lanes; or adding a median to give pedestrians more time to cross, among other potential safety improvements that should reduce the number of car accident injuries in the area.

While the driver who killed Courtney Sipes was high on heroin at the time, other children and adults have been injured by other drivers who were not under the influence of drugs or alcohol in the exact same location, which indicates the road itself is not as safe as it should be for pedestrians.

If you or someone you love is injured by a driver of a car, car accident injury attorneys may be able to help you pay your medical expenses or compensate you for your pain and suffering.

Tow Truck Driver Assisting Motorist Killed in Truck Accident on NY Thruway

blog@www.lsinjurylaw.com (News Author)28276 — Tue, 22 Nov 2011 08:00:00 EST

While loading and strapping a disabled car onto his tow truck on Sunday, November 20^th, Todd Young was hit by a tractor trailer and killed on the NYS Thruway near Exit 34A in Manlius. Mr. Young owned the Northern Light Auto Service towing company from Mattydale, NY. The driver of the tractor trailer was ticketed for moving from a lane unsafely.

The current New York “Move Over” law requires drivers slow down and move over when emergency vehicles are in the area or parked on the side of the road. Starting in 2012, the law will also require drivers move for hazard vehicles, like tow trucks.

Young's family reported that he was meticulous about safety while on the job. He wore a vest so he would be seen at night, ran the lights on his tow truck and was always fast when he had to be outside near the road. Even when the tow truck drivers use care and safety precautions, accidents happen. The family urges all drivers to use common sense and move over when you see emergency vehicles or tow trucks or any car on the side of the road – with or without a law that requires it.

Potentially Faulty U-Haul in Truck Accident at Yale Bowl

blog@www.lsinjurylaw.com (News Author)28268 — Mon, 21 Nov 2011 08:00:00 EST

An annual football tradition between Yale and Harvard ended in a tragic truck accident during it's 128^th game between the Ivy League schools. The Yale-Harvard game features tailgating parties and rented U-Haul trucks to carry the party supplies to the field. Every year, both colleges try to figure out the best ways to regulate the tailgate area and keep students, fans, and alumni safe during the game. In recent years, banning U-Haul's has been considered; just as banning all alcohol from the game has been considered but not enforced.

Brendan Ross, an undergraduate at Yale, was driving a rented U-Haul truck with party supplies into the crowded parking lot when the vehicle apparently malfunctioned, according to the student's attorney and witnesses. Witnesses have reported they saw the U-Haul turn a corner and speed up. Ross passed a field sobriety test, and his fraternity brothers said he was not drinking before the accident happened. No charges have been filed, and the U-Haul will undergo forensic testing to determine if it was a defective truck. Ross has cooperated with police investigations.

The U-Haul hit three people before crashing into another row of U-Hauls in the parking lot. Yale student, Sarah Short, age 31, was hospitalized with leg injuries; Harvard employee Elizabeth Dernbach was treated for injuries and released on Saturday; and Nancy Barry, a 30 year old woman visiting Sarah Short, was hit and killed.

Yale provided mental health counselors to work with students and faculty who may need help with the situation, and the Dean's Office and Yale Athletic department intend to fully review their tailgating policies and regulations.

Car Accident Attorney Reports: New York Traffic Accidents Take 2 Lives on Sunday

blog@www.lsinjurylaw.com (News Author)28114 — Thu, 17 Nov 2011 08:00:00 EST

On Sunday, November 13^th, two accidents in New York city resulted in two deaths, one taking place on the Brooklyn-Queens Expressway and the other on the Van Wyck Parkway.

Van Wyck Parkway Car Accident

A man driving a BMW in the southbound lane of the Van Wyck Parkway around 2:15am lost control of his car when attempting to make the Atlantic Avenue exit. Witnesses report the car was doing about 80 miles per hour on the Van Wyck Parkway, and that he never slowed down when he came off the exit ramp.

His BMW hit a blue post office drop box, which was knocked out of the ground, and then a tree in front of the Jamaica Hospital and proceeded to burst into flames. The driver was trapped inside, and burned beyond recognition according to the police. He was pronounced dead on the scene, and his body was moved to the Jamaica Hospital Medical Center. A near by deli cashier said he heard the collision – and glass and car parts were found as far as 100 feet from the car accident.

Brooklyn-Queens Expressway Motorcycle Accident

Around 2:30am on the same day, a man driving a motorcycle slammed into the rear-end of a sweeping truck on the Brooklyn-Queens Expressway. The driver of the truck, Pearlie Felder, said his foot was on the brake but the impact of the motorcycle literally moved the truck forward.

Both the truck and motorcycle were heading east on the expressway, toward the Queens Boulevard exit and had to slow down for another car accident up ahead. When the truck stopped due to the backing up of traffic in the road, the motorcycle slammed into the back of him.

The driver of the motorcycle has not yet been identified and died on the scene.

Brooklyn Building Collapse Construction Accident Caused by Pouring Concrete

blog@www.lsinjurylaw.com (News Author)28113 — Tue, 15 Nov 2011 08:00:00 EST

Around 2:30pm on Tuesday, November 15^th – a Brooklyn five-story apartment building collapsed with construction workers still inside. Firefighters worked to rescue five construction workers from the collapsed building from under shards of corrugated metal – one worker died, three are in stable condition at Lutheran Medical Center, and the fifth who was working outside the building when it collapsed declined medical treatment.

Cause of Construction Site Accident Building Collapse

The commissioner of the Buildings Department, Robert LiMandri, indicated that construction workers were pouring concrete at the top floor and working their way down, instead of the safer technique of starting at the ground level and working their way up. In a briefing on Tuesday night, Mr. LiMandri said, “they were pouring concrete in the wrong sequence, and we believe that that is a major contributor to this collapse today.”

A complaint was made by a neighbor on Saturday about the noise from after-hours work at the construction site, but Mr. LiMandri said the Buildings Department did not follow up on the complaint immediately. He did say the two events were not connected, but that investigators would continue their search to conclude the actual reason for the building collapse.

Work has stopped at the New York construction site until further notice.

Boy Dies Crossing Street to Get on School Bus

blog@www.lsinjurylaw.com (News Author)27913 — Thu, 10 Nov 2011 08:00:00 EST

As 9 year old Moshe Gruber crossed the street to catch his school bus, he was hit by a van driven by Herman Gelbman of New Square. The bus had just turned on the yellow warning lights, but traffic is not required to stop until the lights flash red.

Investigators found the Gelbman was driving in the correct lane and not speeding when the accident happened, but his vehicle will be further investigated.

Gruber saw the bus slowing down and ran right into the street in front of the van. It was not possible for Gelbman to stop in time, according to witnesses. The Westchester Medical Examiner's office determined head injuries to be cause of death, but the boy is Orthodox Jewish, which means autopsies are forbidden.

25 Year Old Truck Driver Dies in Tractor Trailer Crash in Rural NY

blog@www.lsinjurylaw.com (News Author)27912 — Tue, 08 Nov 2011 08:00:00 EST

On Monday, October 31^st, a 25- year old truck driver carrying milk swerved off Interstate 86 in Erwin, New York. The tractor trailer tipped over onto it's side and slide a few hundred feet before crashing into a tree at 3am.

The cab of the truck took the brunt of the impact, killing John Stinson-Rogers. Both milk and diesel fuel began spilling out of the trailer, which resulted in the Department of Environmental Conservation to bring in investigators to help with the clean up of the fuel.

The tractor trailer accident caused Interstate 86 to close the westbound lanes for 8 hours. The cause of the crash remains under investigation.

Construction Worker in Fort Salonga Killed in Hit and Run

blog@www.lsinjurylaw.com (News Author)27723 — Fri, 04 Nov 2011 08:00:00 EST

The overnight construction crew working on October 28^th on Route 25-A in Long Island lost a construction worker to a hit and run around 1:35am. Detectives of Suffolk County said Victor Schultz, 49, and a co-worker were loading a machine onto a trailer on the side of the road when a dark-colored SUV struck Schultz. The co-worker was not injured, but Schultz was pronounced dead at the scene of the accident.

The construction site did not have night-time construction lighting on when the accident occurred, which may indicate negligence on the part of the construction company.

The driver of the SUV never slowed down or stopped. Sgt. Jon Twiname spoke to WCBs 880's Sophia hall, and claimed "It's quite possible that because of the lighting conditions at the time and the late hour it is possible the driver is not aware that they had hit somebody."

If you have any information regarding the dark-colored SUV, you're asked to call Crime Stoppers at 1-800-220-TIPS or the Fourth Squad at 631-854-8452 to discuss the information confidentially.

Bronx Building Collapses and Kills Construction Worker

blog@www.lsinjurylaw.com (News Author)27678 — Wed, 02 Nov 2011 08:00:00 EST

On Saturday, October 29^th, Muhamed Kebbeh of the Bronx died in a construction accident when the building he was working in for a demolition job collapsed. Kebbeh, age 51, was buried under 6 feet of building rubble when the basement pillars of the 2-story commercial building collapsed and the building fell. The New York Police Department said two other construction workers in the building escaped without injury.

New York Firefighters attempted to dig Muhamed Kebbeh out from under the collapsed building within 10 minutes after it collapsed, with about 50 Firefighters from Division 6 responding to the construction site accident. The Deputy Chief said Kebbeh was hurt badly and buried under 6 foot of bricks and other building materials.

Muhamed Kebbeh was taken to the hospital where he was pronounced dead. Initial attempts to identify the owner of the building have so far proven unsuccessful.

Driving The Wrong Way on Mamoreneck Avenue Kills 3, Injures 2

blog@www.lsinjurylaw.com (News Author)27677 — Mon, 31 Oct 2011 08:00:00 EST

A head on collision on October 29^th in White Plains, NY results in three people dead and two others severely injured. A 1991 Toyota Camry was driving south in the northbound lanes of Mamaroneck Avenue north of Rosedale Ave. Calls were made to 911 about 11:15pm, reporting the head-on collision between the Toyota and a 1998 Lexus, and responders arrived on the scene minutes later to find four people trapped in the Toyota. The victims had to be cut from the cars by the police Emergency Service Unit and fire Rescue Unit - and were immediately taken to White Plains Hospital.

Three of the victims from the Toyota were pronounced dead on arrival at the hospital, despite receiving first and and CPR. The victims were identified as Herbert Royster, the driver of the Toyota; Aida Royster and David Guerra all from the Bronx. The fourth passenger in the Toyota, Edward Guerra was transferred to Westchester Medical Center in Valhalla where he is listed as being in serious but stable condition. The driver of the Lexus, Edwardo Huezo, is recovering from a concussion, cut to the arm, and blunt trauma.

The accident is still being investigated, but it appears the Toyota was traveling the wrong way on the avenue. The southbound lane of Mamaroneck Avenue were closed by police barricades due to trees and branches and downed wires from the snow storm.

California Construction Accident Electrocution

blog@www.lsinjurylaw.com (News Author)27619 — Thu, 27 Oct 2011 08:00:00 EST

A recent construction accident in California serves as a reminder to all New York construciton crews to exercise extreme care when working around power lines. Orland, California police reported that construction worker Mark Godfrey Jr., age 23, was holding a pole his father was attempting to move with a forklift. The forklift touched 12,000 volt wires overhead, transferring the power to the pole Godfrey was holding, resulting in a construction accident electrocution, and the forklife tires caught on fire.

As retired firefighter Willy Kendrick, an employee of Orland Unit Water Users Association was passing the construction site, he saw the flames and the man being dragged from underneath the forklift so he stopped to help. He knew Godfrey was in distress, and immediately began CPR efforts to manage the airway and keep him breathing. Kendrick and Godfrey's father took turns giving mouth-to-mouth resuscitation, but Kendrick had to ask a police officer on the scene, Kyle Cessna, to take over the chest compressions as Godfrey was muscular and body had tensed up due to the electrical shock and Kendrick said he just wasn't strong enough to give effective chest compressions. The quick response of everyone on site helped save Godfrey's life. Additional Orland firefighters and ambulance crew arrived soon after Kendrick and Cessna's lifesaving efforts began, and by the time the young construction worker was transported to Enloe Medical Center, he was breathing on his own.

Another construction worker on the scene, Scott Gully, age 40, was shocked when he tried putting the fire on the tires out with a bucket of water. He was treated at the scene and released.

This construction accident demonstrates the importance that all construction workers learn CPR and lifesaving efforts; and are fully trained on what to do after a construction accident or electrocution.

Sam Friedlander Ends the Lives of his Family and Himself

blog@www.lsinjurylaw.com (News Author)27617 — Tue, 25 Oct 2011 08:00:00 EST

A quiet community near Route 35, where homes are valued in the $800,000 to $1 million range north of Cross River Reservoir was the setting of a disturbing murder-suicide last week. When Amy Friedlander's business partner called the police to check on the welfare of her friend who she hadn't heard from, NY State Troopers went to the home at 2 Lambert Ridge Road in Cross River, NY and discovered four dead bodies on Tuesday, October 18^th.

State Police Maj. Michael Kopy announced around 9pm that it appeared to be a murder suicide. The bodies of Amy Friedlander, age 46, Sam Friedlander, age 50, and children Molly, age 10 and Gregory, age 8, were found in various rooms of the home. The children were shot in their beds with no sign of struggle; Amy was found dead on her side of the bed in her bedroom after being clubbed with a broken table leg, and Sam was found in the basement having shot himself in the head.

The couple was in the middle of a divorce, and were due to appear in court for a child support hearing. The couple was sharing the house, although Sam had been sleeping in the fourth bedroom of the home while the marriage was being dissolved.

The family home was listed for sale for $799,000, according to several real estate websites. There had been no previous domestic violence cases reported from the home, according to police, other than a verbal disagreement in 2006 between Amy and Sam. No charges were filed at the time.

Accidents and Construction Affect Westchester County Roadways

blog@www.lsinjurylaw.com (News Author)27383 — Fri, 21 Oct 2011 08:00:00 EST

Westchester county roadways were greatly affected on Friday, October 14^th with construction work and car accidents causing road closures and backed up traffic. Did you find it difficult driving to or from work last week? Several people are now in need of a Westchester accident attorney or Westchester construction accident attorney to deal with damages and injuries sustained during several car accidents in the county.

According to the New York State Thruway Authority, a car accident on the Thruway took place in the northbound lane at Exit 8/8A, I-287 - about 11:30am.

The New York State Department of Transportation reported an accident blocking the right shoulder of the Sprain Brook Parkway in the southbound lane of the NY 100 exit area. Additional construction work on the Sprain Brook Pathway in both north and southbound lanes between the Bronx River Parkway exit to Dobbs Ferry Road in Greenburgh resulted in the shoulder and right lane closed until 2:30 in the afternoon.

Several locations were closed on the Saw Mill River Parkway on Friday due to construction roadwork in both directions between Bronx-Westchester County Line to Exit 17 in Greenburgh. The right lane and right shoulder of the road were closed until 2:00pm. Additional roadwork on the Saw Mill River Parkway in the soutbound lane in Bedford (at I-684) resulted in several lane closures until 3:30 in the afternoon. The northbound lane of I-684 starting at Exit 9A in Harrison had multiple lane closures until 3:30pm due to construction roadwork.

Construction work in both directions on the Cross County Parkway between Yonkers and Eastchester had multiple lanes closed until 3:00pm.

More construction work closed the right shoulder of the northbound lane of the Taconic State Parkway between Exit 26 and Exit 30 until 2:00pm.

If car accidents or construction work result in you or someone you love getting into an accident or becoming injured, seek advice from an experienced Westchester accident attorney or Westchester construction accident attorney like Lever & Stolzenberg, LLP.

9 Year Old Girl Finds Woman's Body in Hudson River

blog@www.lsinjurylaw.com (News Author)27381 — Wed, 19 Oct 2011 08:00:00 EST

While playing at a popular family park near the Hudson River, watching for boats with a group of children, a 9 year old girl discovered a woman floating in the Hudson River about 12:30pm on October 9^th. The child's father, Jermaine Roberts, called the police. Police arrived on the scene at Emeline Park at 12:57pm and proceeded to retrive the victim assisted by the Rockland County Sheriff Department's Bureau of Criminal Investigation. The body was taken to the Rockland County Medical Examiner at 4:15pm.

The woman was identified as Joanne DeLoatch, a 66 year old resident of the near by Green Hills assisted living facility. Police believe the cause of death is either accidental or medical, and do not believe there is anything suspicious about the case, but more will be determined after the results come back from the autopsy. The staff of Green Hills report last seeing DeLoatch on Sunday between 10:30 and 11am, and say that the residents frequent Emeline Park regularly as it is within walking distance.

Lever & Stolzenberg LLP has plenty of experience handling wrongful death lawsuits. If someone you love was killed in what you believe to be a wrongful death situation, we can represent you in the Surrogate's Court action as well as in Supreme Court. For more information, please feel free to call us and ask to speak to a wrongful death attorney.

Bronxville Man Struck by Cab Dies

blog@www.lsinjurylaw.com (News Author)27380 — Mon, 17 Oct 2011 08:00:00 EST

Alfred Copeland was hit by a taxicab on Pondfield Road on October 10^th as he was walking toward the Bronxville train station on his way to Gilford Securities where he worked. He was 85 years old. The driver of the taxicab, William O'Hara said there was a glare from the sun which made it difficult to see. He was not charged by the police in the accident, but he was involved in a 2006 car accident and recently convicted of speeding in NYC. The police sent the case to the Westchester District Attorney's Office to review. Last week, a Syracuse driver claimed the glare from the sun should qualify as a traffic emergency to excuse ordinarty negligence - but it was rejected by New York's Court of Appeals.

Copeland was taken to the South Shore Medical Center immediately after the accident, and had rib fractures, arm and vertebrae fractures. Alfred's son, Tom, said his father was doing well at first, even chatting with his family and medical staff, but his condition got worse over the week and he died on Saturday morning.

Copeland's family may seek assistance from a car accident attorney in Westchester. If you or someone you love has been injured in a car accident, call on the experienced Westchester car accident attorneys of Lever & Stolzenberg, LLP.

Bullying Spurs Legislation to Protect Cyber-Victims and Prevent Suicides

blog@www.lsinjurylaw.com (News Author)27271 — Fri, 14 Oct 2011 08:00:00 EST

Everyone from teachers to celebrities to legislators are taking notice of bullying and cyber-bullying. With an increase in the number of reported bullying incidents and suicides resulting from increased bullying, government is looking into legislation to help protect students. Many parents of students complaining of bullying in previous generations simply told their children to "turn the other cheek", or ignore them - but times have changed and this is no longer an effective method of dealing with this growing problem for most teenagers.

A Buffalo, NY teenager, 14 year old Jamey Rodemeyer, was the victim of bullying and the result lead to the teen's suicide. Jamey had recently identified himself as gay in a video he posted in May for the "It Gets Better" project. The project was meant to promote positive messages regarding young gay, lesbian, transgender and bisexuals - and help them see hope for the future. Jamey endured years of bullying from his classmates, and took his own life on September 18^th.

Senator Jeff Klein, a democrat from the Bronx is proposing legislation to expand third-degree stalking crimes to include cyber-bullying. Cyber-bullying is creating fear in an individual or emotional distress through electronic communications - social media, email, and text messages for example. Secondly, the bill would include "bullycide" which is turning the crime into a second-degree manslaughter, class C felony if the individual committing third-degree stalking intentionally or recklessly causes their victim to commit suicide.

According to the National Crime Prevention Council, 43% of all teenagers and 53% of gay, lesbian, transgender or bisexual teenagers are victims of bullying in the United States. A member of the Teenagers chapter of Ursuline School in New Rochelle, Annabel C. says, "Cyberbullying is a bigger problem than most people think, and many incidents go unreported."

Cyberbullying and bullying incidents have lead to suicides in many states across the country.

Two Woman Arrested After Drunk Driving in Cortlandt

blog@www.lsinjurylaw.com (News Author)27269 — Wed, 12 Oct 2011 08:00:00 EST

On Friday night, state Troopers pulled over a car with a suspended registration, driven by Tracy A. Defonce, on Baker Street in Cortlandt. Police discovered 34 year old Defonce of Mahopac was intoxicated, and the breathalizer revealed a blood alcohol content of .13 percent. Defonce is scheduled to appear in court on October 14^th at 9am.

On Sunday, Klavidiya Marricco was pulled over at 12:30 in the morning on Albany Post Road, for following too closely and failing to keep right. Police said the Croton-on-Hudson woman was arrested after flailing her arms and resisting arrest when police attempted to take her into custody. Maricco is 37 years old.

The police brought Maricco to the Cortlandt police barracks, where a breathalizer test resulted in blood alcohol content of .14 percent.

She was charged with resisting arrest, driving while intoxicated and misdemeanors. She will appear in the Town of Cortlandt Court on October 21^st.

Drunk Driving Statistics

According to statistics on MADD (Mothers Against Drunk Driving):

10,839 people will die in 2011 from drunk-driving crashes
Drunk driving is estimated to cost every adult in the United States $500 annually
Drunk drivers average 87 times behind the wheel while drunk before their first arrest
One in every 3 8^th grade students drinks alcohol
One in every 3 people will be involved in alcohol-related car accidents in their lifetime
Someone is injured from alcohol-related car accidents once each minute
More than half of all convincted drunk drivers continue to drive even after their licenses are suspended
Car crashes are the leading cause of teen death; and out of these car accidents out of out 3 are related to alcohol

New York Car Accidents Injure Pedestrians and Kill Motorcyclist

blog@www.lsinjurylaw.com (News Author)27268 — Mon, 10 Oct 2011 08:00:00 EST

Car accidents remain a common cause for personal injuries and death in New York. Last Sunday afternoon in Yonkers, a woman was hit by a car at the corner of Wakefield Avenue and Bronx River Road around 1 in the afternoon. She was taken to the Bronx Jacobi Medical Center with injuries.

On the same day, another pedestrian was hit near the entrance to the Hutchinson River Parkway on Lincoln Avenue in Purchase, New York. This pedestrian suffered serious injuries and was hospitalized - but charges were not filed against the driver.

Last Friday, a 46 year old Wappingers Falls motorcyclist was killed when he was thrown from his motorcycle on Route 52. Joseph Sroka was traveling north on Route 52 - and a car two vehicles ahead of him turned right into the Hess parking lot - which caused the car directly in front of Sroka to skid to a stop. Sroka attempted to avoid hitting the vehicle in front of him, lost control and was thrown from the bike. He was taken to Putnam Hospital Center after the traffic accident and pronoused dead. The driver of the vehicle turning into the Hess parking lot was summoned for driving with a suspended registration; the driver of the vehicle in front of Sroka was charged because they were following too closely.

Croton Man Dies in Adirondacks Hike

blog@www.lsinjurylaw.com (News Author)27026 — Thu, 06 Oct 2011 08:00:00 EST

A Binghamton University senior, 22 year old Matthew Potel, died helping a friend cross a steep ravine on an Adirondack hike on Mount Colden. Potel fell 25 feet through the Essex County gorge, the 11th tallest in New York. The hikers were on an organized camping and hiking trip, and Potel was the leader.

Matthew Potel was an experienced outdoorsman and climber, and co-president of the Binghamton University Outdoors Club.

At a particularly challenging section of the hike, Potel stopped to help one hiker cross the ravine, but as he turned to assist another student, he lost his own footing and fell backwards into the ravine. NY State police responded to the accident, but did not release any further details.

The NY State Department of Environmental Conservation indicated that the hikers were climbing an area known as the Trap Dyke, which is a steep and difficult portion of the trail and that some hikers choose to use harnesses and ropes to cross the ravine.

The college has grief counselors on hand for students affected by this tragedy.

Drunk Driver Kills Two New Yorkers Changing a Flat Tire

blog@www.lsinjurylaw.com (News Author)27025 — Tue, 04 Oct 2011 08:00:00 EST

Last Sunday, the lives of two New York men were taken by a drunk driver near exit 62B as they attempted to change their flat tire in a terrible car accident. According to Sgt. Brian Polite, the driver of the Lincoln Towncar, 43 year old Wilfredo Pena, pulled the car off the road in a striped section of road between 62B and 62A exits so he and passenger, 28 year old Segunda Fernandez-Urena could change a flat tire. This routine automobile accident - needing to change a flat tire - resulted in a deadly situation when it was combined with a drunk driver.

The men were hit when the driver of a Hyundai lost control of his car while taking the 62B exit. The 29 year old driver, Jacob Cintron, crashed into the Lincoln Towncar and the two men changing the tire were pronounced dead at the scene.

Sgt. Polite says Cintron is charged with driving while intoxicated and two counts of vehicular homicide. He is currently in Bergen County Jail with a $125,000 bail set, and no 10% option.

Fight Over NY Parking Spot Ends With Truck Driver Getting Face Sliced With Box Cutter

blog@www.lsinjurylaw.com (News Author)26863 — Tue, 27 Sep 2011 08:00:00 EST

On September 21^st, a fight over a parking spot ends in a face wound caused by a box cutter. Truck driver Eustace Brown was backing a box truck into a space on E. 86^th street, but before he could pull safely into the parking spot, a Volkswagen Jetta pulled in and parked. The driver of the Volkswagen and the truck driver from Brown's Trucking Services exchanged words in a shouting match - and the truck driver went to his vehicle and took out a box cutter. The truck driver's assistant, Joseph Smith, reported that he grabbed the weapon from his boss before he could do anything with it.

A near by fruit vendor said the truck driver shouted at the Volkswagen driver, "What are you going to do?!" and then the Volkswagen driver punched Eustace in the face. Smith said his boss threw a few punches back, and then the Volkswagen driver pushed Eustace up against a bus, and slashed his face with a box cutter of his own. The fruit vendor indicated the would started from the top of Eustace's head and went all the way down across his face in a gory wound.

The passengers of the Volkswagen Jetta then called to the driver, "Let's go!" and they all returned to the car and fled the scene.

The truck driver was treated at the local hospital and is expected to survive. Police have not released a description of the Volkswagen driver, who was not found or arrested after the incident.

If you are involved in a personal injury incident similar to this parking spot fight - contact a NY personal injury lawyer for help getting the compensation you deserve.

Unidentified New York Man Killed in Hit and Run

blog@www.lsinjurylaw.com (News Author)26600 — Thu, 22 Sep 2011 08:00:00 EST

In a case of wrongful death, a 32 year old unidentified man was hit by a speeding SUV on Story Ave in Bronx, New York. The driver of the white Lincoln Navigator hit him around 1:45am and then left the scene of the accident. The man was taken to Westchester Square Medical Center, but he was not saved.

Police have not yet found the Lincoln Navigator or driver, and no arrests have been made.

Mt. Kisco Man Critical After Train Strikes His Head

blog@www.lsinjurylaw.com (News Author)26571 — Tue, 20 Sep 2011 08:00:00 EST

A Mount Kisco man was listed in critical condition after he was hit by a train at the Mount Kisco Metro-North station. The incident happened on Sunday.

Angel Arriago-Hernandez, 36, was standing close to the train tracks on the platform on Sunday when a train pulled into the station. The train, heading northbound, struck Arriago-Hernandez and threw him back onto the platform. Arriago-Hernandez was transported to the Westchester Medical Center in Valhala. He suffered serious head trauma.

The train platform has a yellow bumped line along its edge to warn passengers to keep away from the tracks. Metropolitan Transportation Authority police are investigating the incident at Metro-North where there is an average of one death each month over the last twenty years. In most cases, the accidents involving passengers have been determined to be suicide attempts.

The victim's cousin was interviewed and said Arriago-Hernandez was seen at church on Sunday. There have been no other details released by the investigating police.

Wedding Day Turns Tragic for New York Bride and Groom

blog@www.lsinjurylaw.com (News Author)26568 — Mon, 19 Sep 2011 08:00:00 EST

A New York groom lost his life in an ATV crash just hours after he was married in Connecticut. Nicholas Hoag, a Wingdale resident, died in Dover Plains NY Saturday night while riding as a passenger on an all-terrain vehicle.

Hoag, 25, had just married twenty-two year old Amber Satori earlier on Saturday. He was killed when the ATV hit a tree and then overturned on him. Hoag was trapped underneath the vehicle until rescue workers could arrive at the scene.

Once the man was removed from under the vehicle, he was taken to New Milford Hospital where officials pronounced him dead. His death is being attributed to blunt force trauma to the head, abdomen, and chest.

Hoag's brother was the driver of the ATV and was charged by police with driving while intoxicated. He was admitted to the hospital with injuries that were said to be non-life threatening.

The bride's father was interviewed and called the situation a ‘living nightmare'.

Calls made to the parents of the victim were not being taken as of press time.

Man Found Stabbed to Death in Bronx

blog@www.lsinjurylaw.com (News Author)26426 — Thu, 15 Sep 2011 08:00:00 EST

Neighbors of a Bronx man called the police when they hadn't seen Francisco Osorio for several days. A woman who worked with Osorio in a clothing business said he wasn't answering his phone for days, and decided to go to his apartment to see what was going on. She spoke with Osorio's downstairs neighbor, Carmelita Continas, who also hadn't seen Osorio, and then when she noticed his door was slightly ajar and called police to investigate. Osorio was found stabbed to death in his apartment on W. 167^th street, just before 3pm on September 8^th. Osorio lived in the apartment with his boyfriend for about a month.

Police arrested the boyfriend at LaGuardia airport at 5:30pm, as he was about to board a JetBlue plane on his way to Puerto Rico. He has not been charged, but another neighbor, Margie Zorilla, said she saw Osorio on Tuesday, immediately after he had a fight with his new live-in boyfriend.

Neighbors were fond of Osorio, aged 44, and erected a memorial for him that reads: "In Memory of Francisco. We love you."

If someone you love is a victim of wrongful death, call NY personal injury lawyers for a free consultation and assistance in reaching justice and financial compensation from the negligent party responsible for the death to cover medical expenses, funeral expenses, loss of income and out of pocket expenses, as well as to assist with non-economic damages.

Chappaqua Doctor Killed in Fluke Accident

blog@www.lsinjurylaw.com (News Author)26396 — Tue, 13 Sep 2011 08:00:00 EST

A Fishkill, NY gastroenterologist, Dr. Qian Xie from Chappaqua, lost control of his car during a rain storm and crashed into a rock outcropping on the Taconic State Parkway's east shoulder. Uninjured from this initial car accident, Dr. Xie got out of his car, where he was then hit by another car driven by Christine Pearse.

Pearse rounded a bend in the road in the northbound lane, saw the doctor's car blocking the road ahead of her and tried to stop but lost control of her car. She spun around 180 degrees, hit the same rock outcropping Dr. Xie's car hit, and then hit and killed the doctor. While the vehicle versus pedestrian crash is still under investigation, it does not appear that Pearse will be at fault.

When in a car accident, experts recommend getting out of your car and walking as far away from the road as you possibly can. On this particular section of the Taconic State Parkway, there is no shoulder on the road because of the rock outcropping.

If you or a loved one has been injured in a car accident, contact New York car accident attorneys for assistance and a free consultation of your case.

Construction Employee Killed in NY Work Accident

blog@www.lsinjurylaw.com (News Author)26253 — Fri, 09 Sep 2011 08:00:00 EST

In a tunnel below Lake Ontario, Southland Contracting works on a construction site creating the future location for East Side Water Supply Project. The completed project will allow 50 million gallons of water to be treated daily from Lake Ontario. The tunnel is about 163 feet below the surface of the ground, and connects an inland shaft on lake Road to one in Lake Ontario. The tunnel is drilled by a machine that can bore through the elements found under the lake, including soil, rock, and mud. The machine then gathers the materials and dumps them into rail cars to be transported out of the tunnel.

A train moving through the tunnel carrying drilling debris struck and killed a construction employee in the deadly NY construction accident. Emergency personnel were called to the scene at 10:30 on Monday morning, the man was pronounced dead, but he has not yet been identified.

Work on the construction site has stopped while OSHA investigates to determine whether the site has unsafe work conditions or not. When the construction accident took place, there were four other employees in the tunnel but no one else got hurt.

Driver in Deadly Bus Crash Knew He Was Exhausted

blog@www.lsinjurylaw.com (News Author)26252 — Wed, 07 Sep 2011 08:00:00 EST

A casino bus trip carrying about 30 passengers in March resulted in a deadly crash on Interstate 95 in New York City that left 15 passengers dead. The bus driver, Ophadell Williams, was driving the bus from Mohegan Sun Casino in Conneticut back to New York City, and knowingly got behind the wheel without a valid driver's license and while being exhausted.

During the State Supreme Court arraignment, Mr. Williams was charged with 15 counts of manslaughter, 15 counts of criminally negligent homicide, and 23 counts of assault for injuries the other paseengers received. Additionally, he was charged with aggravated unlicensed operation of a motor vehicle and reckless driving. Manslaughter charges result in a maximum 15 years in prison.

The deadly bus accident happened just after the bus traveled over the border of Westchester County. It swerved, toppled to it's side and then crashed into a metal support pole of a large exit sign. The pole cut the bus in half, from the front to the back, decapitating several travelers and causing injuries to others. The driver suffered a number of injuries including a fractured pelvis, but was said to have helped many injured passengers off the bus after the accident. Investigators revealed the bus reached a speed of 78 miles per hour prior to flipping over.

Williams lawyer indicated that the crash was an accident - and Williams was remorseful; while the prosecutor in the Bronx district attorney's office said it was negligence because the driver was aware of his condition of exhaustion, was driving during his off hours, and drove recklessly including speeding and weaving in and out of lanes.

If you or someone you know has been injured due to reckless driving or the negligence of another driver, a White Plains car accident attorney can help. Call us today for a free consultation.

TV Star Sues After NY Car Accident

blog@www.lsinjurylaw.com (News Author)26251 — Mon, 05 Sep 2011 08:00:00 EST

A 12-year veteran of Saturday Night Live, Darrell Hammond has filed a lawsuit against Jose J. Mendez seeking an unspecified amount of money in damages. Hammond's car accident lawyer indicates that as a result of the June car accident in New York, he is unable to perform, has canceled two performances of a one-man play he was scheduled to give on Broadway, can't fly in a plane due to pain, and has trouble standing for any length of time.

Darrell Hammond's injuries reportedly included fractured ribs and a severely injured back.

Also involved in the lawsuit is the driver of the car Hammond was in, Dona Monteleone, who is a friend of Hammond. Hammond's lawyer said that including the friend in the lawsuit is just an insurance formality.

When car accident injuries make it difficult for an individual to return to work, they deserve compensation for the person at fault for the accident. An experienced car accident lawyer can help you determine if you have a case, and make sure you get the compensation you deserve for your pain and suffering.

Rye Apartment Residents Out of Home for Weeks After Oil Spill

blog@www.lsinjurylaw.com (News Author)26035 — Fri, 02 Sep 2011 08:00:00 EST

The Highlands apartment complex in Rye suffered serious damage after a fuel tank ruptured during Tropical Storm Irene. More than 7,000 gallons of oil was said to have spilled during the storm and residents are not expected to be able to return home for weeks.

For now, the damaged building is not safe for residents. There are 99 residential units along with three business located in the Highlands Road building. The Department of health has stated that tenants can only return once the building has been decontaminated and the electrical system of the building repaired. There was obvious signs of the fuel spill present during the inspection.

The state of New York is expected to assist the building's owner with finding temporary lodging for all tenants during the repair work on the apartments. While some residents on the higher floors may be able to return within weeks, those apartments on the lower floors may be out of their homes for much longer as they were affected directly by the fuel spill.

The residents of the apartment building were criticizing the managers of the building for failing to respond to the oil spill in a timely manner. There were also allegations that apartments located under the ground level were historically shown as being vulnerable to flooding and could pose a threat to residents living there. Some residents were reported to have more than six feet of water in their apartments and had to evacuate the building through windows because the apartment had electronic locks that were not functioning during the flooding.

The Long Island Sound was tested for oil contamination but it is believed that heavy rains help to dissipate the oil beforehand.

Rafting Trip Ends In Fatality for Cross River Sportsman

blog@www.lsinjurylaw.com (News Author)26034 — Tue, 30 Aug 2011 08:00:00 EST

Dr. Peter Engel, a 53 year old psychiatrist from Cross River drowned on Sunday after he was thrown into the raging rapids of the Croton River. Engel and four other boaters were caught up in the aftermath of Tropical Storm Irene when the river raged at 48 mph.

Engel was said to be an experienced rafter, logging more than 35 years rafting in similar conditions. However, when he was thrown from the raft he did not survive. Engel was pulled from the river after he was found floating facedown. CPR attempts by rescuers were unsuccessful.

River conditions were so dangerous three firefighters were also thrown from their rescue boat as they attempted the rapids to reach Engel and the other rafters. Rescuers reported that conditions were worse than they ever had seen and that anyone attempting to access the river was ‘in jeopardy'.

The three other boaters were identified by police as Michael Wolfert of Croton, Joseph Ceglia of White Plains, and Kenneth Giaquinto of Valhalla. A fourth rafter was identified as Brian Dooley of Yorktown, a third-grade teacher and coach of the boys' varsity lacrosse team at Rye High School. Dooley was later rescued by Croton police rescue team after he was found hanging onto a tree for more than two hours. He was treated at Westchester Medical Center for extreme exposure and hypothermia.

The surviving boaters released a statement thanking their rescuers and clarifying that Engel was indeed an experienced boater. The survivors also apologized for putting rescue teams in harms way during the treacherous conditions of Tropical Storm Irene.

TS Irene Victim: 5 Year Old Critical After Live Wire Shock

blog@www.lsinjurylaw.com (News Author)26033 — Mon, 29 Aug 2011 08:00:00 EST

A five year old boy from Spring Valley remains in critical condition after being shocked by a live wire that fell during Tropical Storm Irene. The same wire that injured the boy also was responsible for killing a 50 year old man.

The man, 50 year old David M. Reichenberg, was working to assist 5 year old Reuven Herbst when he was killed by the electric shock not far from his home. He leaves behind a wife and four children. Reichenberg was also assisted in the rescue attempt by the boy's father, Yehuda Herbst, who received burns from the live wire. Herbst was treated and released at Good Samaritan hospital.

The boy touched the lie wire and now the Orange and Rockland Utilities Inc company is being criticized for its lack of response to the situation when the wire went down. Police had contacted the utility company but they were reportedly slow about getting the power to the wire shut off. The company released a statement saying they were still investigating the situation.

Reichenberg is being acknowledged as a hero for trying to save the child. It is believed that he was killed when he touched the boy who was being burned by the electrical current in the live wire.

Police investigations are still underway in the Tropical Storm Irene-related incident.

Freak Accident Leaves Woman Dead, Mother Injured

blog@www.lsinjurylaw.com (News Author)25862 — Mon, 22 Aug 2011 08:00:00 EST

A freak accident in Port Chester took the life of a woman and left her mother injured. The accident occurred on i-95 just below the 287 underpass. Police have released information concerning the accident that claimed the life of 62 year old Adele Mancuso.

Mancuso was driving a Chevy Cavalier and her 82 year old mother, Constance Casalina was a passenger. A flat bed tractor trailer was traveling in the opposite direction as it approached Exit 21 ramp. Two of the trucks rear wheels fell off the back of the trailer from the right side. The wheels hit the guard rail and subsequently went airborne. They crossed all three lanes of traffic and hit Mancuso's Chevrolet.

One of the wheels was estimate to travel 150 feet in the air before landing on the hood of the Chevy. As a result, the windshield blew out and the frame of the vehicle was mangled. Mancuso was killed instantaneously while her mother sustained injuries and was transported to Stamford Hospital.

The tractor trailer did not stop and police do not know if the driver was aware he even lost the wheels. The tractor trailer was an 18-wheeler. The police investigators believe they know who the driver is as well as the name of the trucking company the driver worked for. The driver was brought in to answer investigators questions.

Police believe the accident was indeed a freak occurrence and that all drivers were following the laws of the road at the time of the accident.

Worker Dies in Construction Equipment Accident

blog@www.lsinjurylaw.com (News Author)25609 — Thu, 18 Aug 2011 08:00:00 EST

A Vermont man, Michael Loyer, working for Trenchless Technologies of New England, died in a construction accident in Port Kent, New York on Monday. Loyer had been operating a large piece of construction equipment, a Barbco auger, to install a large pipe under the railroad. The machine got stuck in the pipe somehow, and Loyer was thrown from the equipment and then pinned to the ground by the machine.

An employee of Fuller Excavation, Noah Rounds, also on the job at the construction site, used a backhoe to lift the auger off Loyer. Noah Rounds and Timothy Clark, another employee of Trenchless Technologies, attempted to revive Loyer with CPR until the ambulance arrived, but were unsuccessful.

Michael Loyer died of multiple injuries he received from the NY construction accident, and is an example of the serious hazards construction workers face day after day on the job. The incident is being investigated by the Occupational Safety and Health Administration and the New York Police, in an effort to find who is liable for the accident.

If construction equipment is not improperly maintained, or if construction accidents are a result of negligence, or inadequate safety training for the employees - it's possible a NY construction accident lawyer can help the family receive compensation for lost wages, suffering, or injuries.

Pickup Truck Falls Off Jacks and Kills Man Working Underneath

blog@www.lsinjurylaw.com (News Author)25608 — Tue, 16 Aug 2011 08:00:00 EST

Detectives are currently investigating a series of jacks for possible product malfunction. A Mahopac man, Esau Escobar, had used several jacks to lift his Nissan Titan truck off the ground so he could work on repairs underneath. He died when the jacks failed to support the truck and the truck crushed him.

Mahopac Falls Fire Department and Ambulance responded to the scene and attempted to keep Escobar alive, according to Lieutenant Brian Karst. Firefighters pulled his body out from beneath the truck at about 5:35pm on Thursday evening.

Escobar's sister was too distraught to comment. Detective Michael Russon and Lieutenant Karst both indicate that the jacks used by Escobar will be investigated and tested for possible product malfunction. If this tragic accident is found to be a product liability case, Escobar's family may receive compensation.

If you or someone you love has been injured or killed due to product malfunction, speaking up will give you the opportunity to collect damages from the product manufacturer, but more importantly - can help save other consumers from suffering from the same malfunction. Contact a product liability lawyer to discuss your defective product injury - we will work tirelessly for justice and you will not owe us anything unless you receive compensation. Call us today toll-free at (877) 288-9191 or fill out short our electronic contact form at the right of this page.

Construction Worker Accidents: Man Buried Alive

blog@www.lsinjurylaw.com (News Author)25597 — Mon, 15 Aug 2011 08:00:00 EST

At a construction job on Hillcrest Lane in Chapel Hill, New York - a ten-foot trench around a water-pipe collapsed and buried a construction worker alive who was working in the hole. Two co-workers and a resident of Hillcrest Lane who was outside when the construction worker accident occurred rushed in to help.

It took the men about five minutes to find the buried construction worker under more than a foot and a half of dirt and boulders, and another ten minutes to dig him out. His face was covered in blood and his teeth had been knocked out, but the worker was alert and conscious.

It was only Nick Garofalo's second day on the job with S and A Construction, one of the co-workers of the buried construction worker. Peekskill Police Lieutenant, Eric Johansen, responded to the scene. He said the buried worker was conscious but appeared to have internal injuries. He walked to the ambulance and was transported to the Hudson Valley Hospital Center immediately.

The other employee involved in the construction worker accident was taken to the hospital for heat related injuries, but his name has not been released as family has not yet been notified.

The Occupational Safety and Hazard Agency arrived to investigate the incident, but Lieutenant Johansen said it appeared upon initial glance that the construction workers were not using proper shoring devices to prevent this type of construction worker accidents from happening.

New Rochelle Man Fatally Run Over

blog@www.lsinjurylaw.com (News Author)25479 — Fri, 12 Aug 2011 08:00:00 EST

A New Rochelle man was fatally injured when a passing car ran him over after he was tossed from his motorcycle in Manhattan early Saturday. Police said 22 year old Eliyyas Northern was the driver of the car that fatally ran over Kastriot Prelaj.

The vehicle that initially caused the motorcyclist to be thrown from the cycle fled the scene and the driver is still at large. Northern stopped after making contact with the victim and was charged by police with drunk driving. A 21 year old passenger in Northern's vehicle was not identified by police but was taken to Bellevue Hospital and later listed in stable condition.

Prelaj was stopped at a red light around 4:30 am when a white Honda hit the motorcycle, causing Prelaj to be thrown from the bike. Northern then ran him over when the light turned green. Prelaj was pronounced dead at Roosevelt Hospital.

The incident occurred at the corner of 46th Street and 12th Avenue in Midtown North. Police are still in search of the driver of the white Honda that left the scene

Out Of Control Truck Plows Down City Sidewalk: Mother Pushes Children To Safety

blog@www.lsinjurylaw.com (News Author)25481 — Wed, 10 Aug 2011 08:00:00 EST

Imagine walking down a city sidewalk only to see an out-of-control truck heading straight toward you. Just like a scene from a movie, this is what Deborah Dermack experienced while out with her two children in tow. Fortunately Dermack's quick thinking and split section reactions prevented what could have been a tragedy.

As reported by the New York Daily News, "Dermack, a doctor, pushed her 2 year old daughter, Hannah and 10 month old son, Sam, out of the path of a truck as it barreled onto the sidewalk about 3:20 p.m."

Witnesses reported seeing the truck mow down a MuniMeter, street sign and small tree as it careened out of control along Third Ave. near E. 30^th Street in Murray Hill. Mom's quick actions saved the two children, however a U.S. Postal worker was not so lucky. As the truck barreled down the sidewalk taking out anything in it's path, ended up striking the postal service worker who was later treated for minor injuries. The mayhem did not end there; after wreaking havoc on the sidewalk, the driver of the truck attempted to get the vehicle back onto the roadway only to be hit by a passing van.

Police are investigating the incident which may be the result of mechanical problems. An unidentified witness stated the driver was yelling, "We ain't got no brakes" as the truck raced down the city sidewalk.

Dermack was treated at NYU Medical Center for minor injuries sustained in the incident. It appears while pushing her children out of harms way, Dermack was struck by part of the tree as it fell to the ground.

As scary as this incident must have been for all those involved, it clearly could have been much worse. One witness statement puts it all into perspective, "I put my hands over my face. I didn't want to see what was going to happen."

30 Polish Vacationers Survive New York Bus Plunge

blog@www.lsinjurylaw.com (News Author)25434 — Mon, 08 Aug 2011 08:00:00 EST

Polish passengers on a bus headed down New York's Interstate 81 from Niagara Falls were a lucky bunch of people. All 30 passengers survived a bus crash last Wednesday where the entire vehicle left the roadside and traveled down a 80 foot embankment, coming to rest on the bus roof in a gully.

While there were injuries, none of the passengers who were vacationing from Poland were killed. One woman was trapped beneath the bus for more than an hour until she could be rescued. The trapped woman was able to escape with injuries that were not serious. All of the other passengers were able to leave the bus on their own without rescue assistance.

The bus was transporting the vacationers from Niagara Falls to Trenton NJ. The cause of the bus accident is said to be weather-related, due to the slick roads and the bus driver traveling too fast for weather conditions. At the time of the accident, about a half-inch of standing water was on the road. Of the 30 passengers, 19 people went to the hospital for evaluation. The woman trapped under the bus had the most serious injuries of everyone on board.

The bus is owned by Princeton Holdings, Inc which does business as Amerpol Tours based in Morrisville, PA. There was no additional information on whether the bus driver was issued citations in the crash, which occurred around 7:10 pm during a torrential rainstorm in the area near Whitney Point, NY.

No Injuries From Harrison Fire on I-95

blog@www.lsinjurylaw.com (News Author)25356 — Fri, 05 Aug 2011 08:00:00 EST

Harrison police directed traffic following an incident which occurred on I-95 involving a car on fire along the roadway. As the fire burned, approximately 15-20 bystanders gathers nearby to observe the accident which resulted in no injuries or loss of life.

According to Harrison.patch.com, "The four-door vehicle caught fire while being transported on the back of a flat-bed truck on the north-bound side of Interstate 95. The driver of the flatbed noticed the fire and dumped the burning vehicle on the shoulder a little before 1:30 p.m., fire authorities say. The driver pulled forward a safe distance while waiting for fire trucks to arrive."

Harrison Fire Chief commented that the driver of the flatbed did the right thing in "dumping" the car and moving out of the way. This action prevented two other vehicles which were also in transport from catching fire.

The fire which burned the vehicle beyond recognition was unoccupied and did not cause any injuries to firefighters or any other persons at the scene. Traffic however was backed up for over an hour while the blaze was brought under control. When it was all said and done, the make and model of the vehicle was unidentifiable.

At the time of the report, the cause of the fire remained under investigation with electrical problems being among the many possibilities which started the fire. What many consider a freak accident, the possibility of injury or death was avoided by the quick thinking of the driver transporting the vehicle. In addition, damage to other vehicles including the two other vehicles in transport was avoided by unloading the burning car along the roadway. Despite avoiding additional damage or injury to bystanders, the incident caused significant traffic backups until all lanes were re-opened an hour later.

4 Year Old Gets Bit by Dog at Park in the Bronx

blog@www.lsinjurylaw.com (News Author)25328 — Wed, 03 Aug 2011 08:00:00 EST

A four year old girl in a Bronx neighborhood spotted an English bull terrier tied to an iron fence - but when she went over to pet him it bit her face. The owner of the dog was nearby when the dog bite happened.

The little girl was bleeding after the attack, and she and her mother, Nicki Fuller, were rushed to Lincoln Hospital where the child received four stitches in her upper left cheek and corner of her mouth. Fuller told the NY Post that her daughter would physically be ok but be scarred for life. She also indicated the dog had been a problem in the neighborhood for quite some time, which the owner of the dog denies. She also intends to take legal action to get something done about the dog.

The owner of the dog (who did not want to be identified) said the mother of the child ran into her apartment across the street from the park, and came out with a two-by-four, threatening to beat the dog. The man also said he told the mother it was a felony to hit the dog. Fuller confirmed she grabbed a two-by-four because she thought she would need to protect her daughter from the dog - but the dog was never hit. Police arrived on the scene quickly and calmed everyone down before the mother and daughter were taken to the hospital and the dog and owner were sent to an Animal Control center for rabies testing. The dog has had all vaccinations and is legally licensed.

The owner of the dog said, "I will compensate the girl's family in any way if she needs it. I feel bad."

If you or someone you know has been hurt by an animal, you may need help from NY personal injury lawyers. Contact Lever and Stolzenberg for a free consultation.

Yonkers Woman Killed on Connecticut Lake

blog@www.lsinjurylaw.com (News Author)25259 — Mon, 01 Aug 2011 08:00:00 EST

An 18 year old woman from Yonkers, NY was tragically killed over the weekend in a wakeboarding accident. The soon-to-be college student was riding a wakeboard behind a motorboat on Lake Lillinonah, which is in Newtown Connecticut. Nicholette R. Murray's towrope became tangled up in the propeller of the motorboat.

Once entangled, Murray also became caught in the line and she was dragged into the back of the boat. The medical examiner's office in Connecticut has ruled the death as an accidental drowning. They would not release further details on the injuries she sustained.

Murray was described as being with friends and family while on the boat. Identification was not made as to who was on the boat nor was the driver of the boat indicated. The accident occurred around 5pm on Saturday. Murray was taken to the Danbury Hospital and pronounced dead about an hour later by medical personnel.

Murray was scheduled to start her first semester of college in just a few weeks. She was enrolled in the 2015 class of City College of New York. She was looking to major in architecture technology and was a member of her high school's National Honor Society.

The damned up Lake Lillinonah is part of the Housatonic River. It is a popular spot for boaters and water sports.

New City Teen Attacked by Bear in Alaska Leadership Course

blog@www.lsinjurylaw.com (News Author)25002 — Fri, 29 Jul 2011 08:00:00 EST

A New City boy was mauled by a mother grizzly bear while participating in a outdoor leadership school near Anchorage, Alaska. The teen, 17-year old Josh Berg, was mauled severely by the bear who was with her cub at the time. Other teens were also injured in the attack.

The teens told state troopers that they were about to cross a river and were lining up. Kids standing at the back of the line were alerted to the bear by the screams of the teens in front. Berg and another teen were at the front of the line and were the ones taking the brunt of the bear's attack.

The group of participants, as well as their instructors waited several miles away for a helicopter. Berg suffered serious bite wounds. 17 year old Samuel Gottsegen of Denver, CO was also admitted to the Providence Alaska Medical Center in Anchorage for bite wounds. Both teens were listed in serious conditions at the hospital. Two other teens were injured in the attack but were released from the hospital after being treated for various bit wounds.

The leadership course was on their 24^th day when the bear attacked. The teens were not under the supervision of an instructor because the group had advanced in their survival skills by that point. The course's goal is to train youth to become outdoor leaders. After the attack, the other teens worked to provide first aid to each of the injured teens. They activated a personal locator beacon used in emergencies to alert rescue.

The teens most seriously injured were unable to be transported by helicopter and a medical aircraft with trained crew had to be brought in to get the teens to the hospital. The attack was said to have occurred around 8:30pm and rescue crews did not locate the teens until nearly 3:00am.

Wrong Way Crash on 1-95 Claims The Life of One, Injures Two

blog@www.lsinjurylaw.com (News Author)25167 — Wed, 27 Jul 2011 08:00:00 EST

A head on collision claimed the life of one person while leaving two others seriously injured early Sunday morning. The crash occurred on Interstate 95 approximately half a mile south of the New Rochelle toll plaza at 4:30 a.m.

Driving north on the southbound side, Tanisha Gomez of East Stroudsburg, Pennsylvania collided with a Nissan sedan occupied by two men from New Jersey. The crash injured the driver of the 2005 Nissan resulting in a broken leg and non life threatening injuries. The passenger in the Nissan was killed as a result of the impact.

As reported by LoHud.com, New York City police were first notified of a driver heading the wrong way approximately two minutes before the crash occurred. Calls from other drivers who had spotted a vehicle traveling in the wrong direction prompted police response but not in enough time to prevent the collision.

The occupants of the Nissan were returning home to New Jersey after visiting friends in Connecticut. First responders at the scene of the accident had to employ the use of special equipment to remove the occupants of the Nissan. A tow truck driver at the scene said, "Their bodies were really twisted up". He also noted the female driver of the wrong way vehicle was screaming as she was loaded into the ambulance by emergency crews.

Both drivers were taken to the Bronx where the female driver underwent emergency surgery to address internal injuries. Expected to survive, the female driver was unable to provide any details regarding the accident. It is expected that blood samples will be taken to help investigators determine if the female driver was under the influence of alcohol or other drugs.

HBO is airing a new documentary about a similar incident which occurred almost two years to the day of this accident. Another wrong way collision which resulted in the deaths of eight people in July of 2009.

Tractor Trailer Crashes into Tour Bus on New York State Thru-Way

blog@www.lsinjurylaw.com (News Author)25088 — Mon, 25 Jul 2011 08:00:00 EST

On July 22^nd, a tractor trailer accident left one killed, 2 severely injured and 30 passengers injured when a Matrix Expedited Services tractor trailer and tour bus collided on the New York State thruway between Syracuse and Rochester. When the bus was hit from behind, it burst into flames. The driver of the tractor trailer was killed and at least 30 passengers on the bus were injured.

The bus had pulled off the road for mechanical problems and was returning to the driving lane. State police officers are unsure whether the bus was up to speed at the time of the tractor trailer collision, or if it was still partially in the shoulder of the road. The bus did still have it's emergency flashers on when the accident occurred.

Sargent Jacob Perkins, on leave from Fort Drum for just 90 minutes, saw the accident and quickly pulled off the road to help passengers get off the burning bus. He went into the bus several times to help passengers get to safety.

The driver of the tour bus out of Ontario has a valid Canadian license, but a suspended New York license from speeding tickets he received in 2003 and 2006. The driver was ticketed for driving with an expired license. The bus itself had recently been inspected, and the American Bus Association said the company employing the driver had a top three grade during it's most recent federal inspection in 2007.

The driver of the tractor trailer was reportedly a professional driver with a strong safety record, according to his employer, Matrix Expedited Services.

Bronx River Crash, Woman on the Mend

blog@www.lsinjurylaw.com (News Author)24818 — Thu, 21 Jul 2011 08:00:00 EST

A 24 year old Amanda Diaz is recovering after her vehicle crashed into the Bronx River after it left the Bronx River Parkway last week. After the vehicle left the roadway, it disappeared into weeds until two strangers came by to rescue to victim.

The part of the Bronx River where Diaz crashed is only a few feet deep but when Diaz went into the river, her vehicle was upside down. Diaz was still strapped into her seat belt which kept her head and shoulders underwater. If the strangers had not attempted a rescue, Diaz would not have been able to escape the car on her own.

The two strangers, Hasani Bassue and Charles Buono, witnessed the accident as it happened. If they had not stopped to help rescue the victim, there is little chance the vehicle would have been seen by others. One of Diaz's rescuers was actually the driver of a vehicle she sideswiped on the Parkway when she lost control of her vehicle, which cause the crash. Diaz was driving on the Parkway around 8:30 am when she veered into the right lane and hit a passing car. This caused her to lose control of her vehicle and crash through a guardrail. The car traveled through 50 feet of weeds and brush before landing upside down.

Diaz is still in the Jacobi Medical Center in the Bronx being treated for trauma to her head and neck. Doctors say her injuries are serious but not life-threatening.

Driving Tips To Keep Teens Safe This Summer

blog@www.lsinjurylaw.com (News Author)24942 — Tue, 19 Jul 2011 08:00:00 EST

The long hot months of summer are a great opportunity for friends and family to spend some much deserved quality time together. With many households scheduling summer vacations around the break from school, summer months are filled with lazy days and late nights. While this may be a great time to reconnect with loved ones you do not see as often as you would like throughout the year, it is also a time of increased automobile accidents for teen drivers; some of which are fatal. To help teens prevent car accidents, parents and guardians are encouraged to share the following tips.

Dress Appropriately

Years of experience teaches drivers that functional clothing is an importance aspect of driver safety. New drivers may not understand the importance of good footwear and clothing that allows free range of movement. Teen drivers should skip flip flops and other shoes that may fall off or otherwise inhibit safe driving. Sunglasses are a must to ensure drivers can see clearly on bright summer days.

Traffic Laws

All drivers must obey posted speed limits and other traffic laws. Failure to do so can result in accidents which may result in injury or even death. Younger drivers must not only know the laws but also the importance of following them...for everyone's safety.

Avoid Dangerous Situations

Inexperienced drivers are most at risk when operating a vehicle at night, under the influence of alcohol or drugs and during inclement weather. Whenever possible youth drivers should be accompanied by an adult when driving in bad weather or at night. This will allow the teen driver to gain experience while under the guidance of a more experienced driver.

Sadly, each year, hundreds of teens lose their lives in automobile accidents. Behind the wheel of a car, teen drivers must consider the consequences of their actions to prevent injury to themselves, their passengers and other motorists on the highway.

Tappan Zee Suicide Attempt Leaves One Dead, One Recovering

blog@www.lsinjurylaw.com (News Author)24817 — Tue, 19 Jul 2011 08:00:00 EST

A couple tried to take their own lives after jumped naked together from the Tappan Zee Bridge last week. The man and woman held hands as they jumped into the Hudson River.

The man, who was thought to be 44 years old, was pulled from the river and taken to the Nyack hospital where he was listed in ‘extremely critical' condition. The woman, who was believed to be in her early 30's was also pulled from the river alive but later died from injuries caused by the jump.

The couple had driven over the three-mile bridge around 9 am in a Chevy Tahoe. The couple jumped from the hood of the Tahoe while holding hands. Nearby construction workers witnessed the couple jumping as they worked underneath the bridge. It was the construction workers that pulled both people from the river. It is estimated that the drop ranges between 175 and 250 feet from where the couple jumped.

The police are still investigating the incident and had been withholding the names of the couple involved as family members were still being notified. However, police say now that 20 year old Alpha Choice and her 44 year old boyfriend, Christopher Shears were from Ithaca, NY. The initial belief is that the couple had created a suicide pact. They had known each other for many years as they were both natives of the Bronx.

Choice was heralded as a good student who has achieved her master's degree in teaching from Cornell. Friends say she became more withdrawn after getting involved with Shears.

Statistics from the New York Thruway Authority ranging from 1998 to 2008 show that more than 25 people have attempted or committed suicide by plunging into the Hudson River from the Tappan Zee Bridge.

Hudson Boating Accident Leaves 2 Injured and 4 Dead

blog@www.lsinjurylaw.com (News Author)24645 — Tue, 12 Jul 2011 08:00:00 EST

A boating accident occurred at approximately 4:30 a.m. on Sunday, July 10^th resulting in the death of four individuals and injuring two others. As reported by the LoHud.com, "'It is one of the worst, if not the worst (accident) that we have investigated in a long time, ' sheriff's Lt. John Watterson said. It was a horrible accident."

Killed in the accident Jay Bins, 41, Deena Cordero, 26, John Uvino, 26 and Robert Macarther, 27. The accident happened approximately 10-15 yards from the shore of the Dutchess- Columbia county line. Jessica Hotaling, 27 and Joseph Vehnick 23 were injured in the accident but able to call authorities to report the incident upon making it to shore at 6:25 a.m. Both survivors of the accident were seriously injured and taken to separate hospitals where Hotaling was listed in stable condition Sunday afternoon. The condition of Vehnick was unavailable at the time of the report.

The accident remains under investigation, however there is speculation that alcohol and reckless operation may have played a role in the crash. The 19-foot 1999 Chris Craft boat the victims were aboard crashed into concrete footing at which time Bins was ejected from the boat. Uvino was reported to be found in the water while the remaining three decedents were found by dive teams responding to the accident.

Autopsies were performed Sunday afternoon, however toxicology results will not be available for approximately three to four more weeks. It is believed blunt trauma, drowning or a combination of the two are the cause of death for the victims.

Despite the horrific nature of this crash, it was not the worst accident seen in recent years. As reports by LoHud.com, an October 2, 2005 accident capsized a sightseeing boat killing 20 senior citizens on Lake George. Even so, Capt. Paul Kesik who arrived on the scene to assist authorities said, "I've been doing this for 20 years. This was a bad one."

78 Year Old Pedestrian Killed By SUV Backing Up, Another Injured

blog@www.lsinjurylaw.com (News Author)24452 — Thu, 07 Jul 2011 08:00:00 EST

Two women were crossing a street on the Upper West Side of New York City when they were struck by a SUV. The 38 year old driver of a 2008 Ford Explorer was backing into a paring spot on Amsterdam Avenue near West 98^th Street when the SUV struck both of the women, killing one.

Yolanda Casal, 78, died from injuries sustained in the accident and was pronounced dead at St. Luke's Hospital.. The other pedestrian, a 41 year old woman was taken to the hospital and is reportedly in stable condition. The crash was hard enough to cause a dent in the back of the sport utility vehicle. Reports at the scene noted the fatality victim was found lying on the ground with blood exiting her ears and nose.

The driver of the SUV was arrested by city police and criminal charges are currently pending for the accident. Police have charged Edwin Carrasco with multiple charges including driving on a suspended license, unsafe backing, and failure to exercise due care.

Fatal accidents involving pedestrians and vehicles are common in the city and around the nation. Summer is an especially eventful time for such accidents to occur as more pedestrians and cyclists are on the roads. With the increased amount of distracted driving and reliance on auto technology, drivers and pedestrians are at greater risk for such accidents and fatalities.

NY Worker Dead When Coworker Crushes Him with Work Truck

blog@www.lsinjurylaw.com (News Author)24451 — Tue, 05 Jul 2011 08:00:00 EST

A New York City highway worker was killed on the job when a truck accidentally backed over him on a jobsite. Errol Wilson, 59, a veteran employee of the NY Department of Transportation was repaving the Cross Island Parkway in Queens when the incident occurred.

According the report, coworker Lloyd Daley was driving a giant Mack truck when he backed up over Wilson and crushed him to death. Wilson was directing the Daley when the driver reportedly lost his view of Wilson at the back of the vehicle. The NYPD who is investigating the accident does not expect to charge Daley with any crime and stated that Daley was sober at the time of the incident.

Wilson had worked for the New York Department of Transportation for nearly twenty years before his death. He received many accolades and certificates in appreciation of his hard work. NY Mayor Bloomberg even phone in his condolences to the Wilson family who were reported to be grief-stricken over the loss of their husband and father. Wilson was heralded by NY Department of Transportation as being a ‘veteran of the Roadway Repair and Maintenance Division, one of our best workers and a member of the DOT family' by DOT Commissioner Janette Sadik-Khan.

Truck accidents on the job are not uncommon in workers compensation claims despite attention to safety measures and training. Fatalities resulting from such on the job accidents often leave the families of those lost suffering emotionally and struggling financially.

Plane Crash Kills Four North Of New York City

blog@www.lsinjurylaw.com (News Author)24254 — Tue, 28 Jun 2011 08:00:00 EST

Shortly after departing from Westchester County Airport, north of New York City- a Cessna 210 crashed, killing all four people on board. As reported by the Associated Press on June 18, 2011 the plane "took off from the airport shortly after 1 p.m., bound for Montauk, about 100 miles east, Federal Aviation Administration spokeswoman Holly Baker said."

After departure, the pilot of the Cessna radioed into the airport advising he would be returning, unfortunately the plane hit the ground, bursting into flames before reaching the runway. The crash occurred only two minutes after take-off. The fire was intensified by jet fuel according to local fireman who arrived on the scene shortly after the crash.

When first reports about the crash were published, the victims had not been identified. Since that time, a spokesman for the New York City's department of environmental protection has named Keith Weiner- 63, Lisa Weiner -51, Isabel Weiner -14, Lucy Walsh- 14. This according to an article published by LoHud.com which has also reported that the cause of the crash is under investigation by the National Transportation Safety Board. The cause of the accident is unknown.

The Department of Environmental Protection for the city of New York will be in charge of the investigation due to the city's involvement as owner of the land and reservoirs surrounding the crash site. It is believed the crash has not impacted the drinking water of Westchester residents who receive their water from neighboring reservoirs.

The pilot has not been identified, however the company from which the plane was based has stated he "was a longtime customer". The aircraft was registered to Wein-Air Aviation Ltd, for which no company phone number is listed.

Yonkers Pit Bull Attack Instigated by Owners on Helpless Woman

blog@www.lsinjurylaw.com (News Author)24041 — Thu, 23 Jun 2011 08:00:00 EST

A Yonkers NY woman was the victim of a vicious beating by two other females who then turned their pit bull canine on the woman as they held her down. The woman suffered several bite injuries until bystanders took over and got the dog away from the victim.

The victim was found by police who responded to a call for a fight in the street around 1:20 am. The victim was found lying in the road in a pool of her own blood. Injuries were visible to responding officers including facial bruising and dog bites that were located on her thigh, ankle, and elbow.

The incident was said to have occurred when words were exchanged between two of the women, resulting in punches being thrown. The two assaulters held the victim down and called on a man standing nearby with his pit bull. The assaulters asked the man to release the dog to attack.

The victim was treated for her injuries at a local hospital and later released. One of the attackers was arrested by police while the other woman, the man with the dog, and the pit bull has escaped. The pit bull was brown and white in color and police are still looking for the participants.

This is not the first time a dog has been involved in an assault. Dog bites can be dangerous and even fatal to the victim. They can cause serious, permanent injuries, scarring, and lead to disabling injuries that prevent the victim from leading regular lives. Dog attacks in New York whether provoked by others or unprovoked by anyone can occur at any time. Pedestrians and dog owners each need to take responsibility for the health and safety of themselves as well as the general public.

Information about the recent dog attack can be supplied to the Detective Division at 914-377-7724.

Teen Shot in Head at Party in the Bronx

blog@www.lsinjurylaw.com (News Author)24060 — Tue, 21 Jun 2011 08:00:00 EST

A high school freshman was shot in the head at a party held on Valentine Avenue in the Bronx, on June 13^th about 11:30pm. She was taken to St. Barnabas Hospital, where she was originally listed in critical condition, and was later transferred to the Columbia-Presbyterian Hospital's pediatric intensive-care unit

A witness at the party said Yvette Torres tried breaking up a fight between two men outside, getting in the middle of the men. It is unknown what the men were fighting about, but was said the fight began inside at the party and was taken outside to the street. Yvette's brother said the men were shooting guns into the air, and when Yvette confronted them, one shot her in the back of the head. The gunman is only vaguely described as a black man who left the scene after the shooting. He was wearing a blue hoodie at the time. A neighbor reported seeing the young girl bleeding on the ground afterward.

If you or someone you know is injured or involved in a wrongful death, you may wonder who you can turn to with your legal questions, medical bill and insurance claim questions. As NY Personal Injury Lawyers, We take your personal injury case personally at Lever & Stolzenberg. We want you to find justice and make sure that what happened to you doesn't happen to someone else. We serve the five boroughs of New York City, White Plains and the greater NYC area, and will treat you as the individual you are and help you find legal solutions unique to your situation.

Driver Injured In Thruway Accident Involving Overturned Tractor Trailer

blog@www.lsinjurylaw.com (News Author)23946 — Fri, 17 Jun 2011 08:00:00 EST

Accidents involving motor vehicles pose a hazard to all drivers. Those in immediate danger are generally the individuals in the vehicles involved, however it is not uncommon for a chain reaction of accidents to occur. When one or more of the vehicles involved in an accident is a tractor trailer, the chances of injury or death increase dramatically.

Any accident involving a tractor trailer can result in personal injuries as well as damage of property. Due to the sheer mass of this larger vehicle plus the contents being transported, accidents involving tractor trailers often close highways for hours while first responders treat accident victims and the area is cleared of debris.

This was the case on June 13^th when two tractor trailers collided in the early morning hours. As stated by the NYPost.com, "Sgt. Michael Kopp of the state police Thruway detail says a tandem truck hauling milk cartons and another tractor trailer crashed in the southbound lanes around 2:40 a.m. Kopps says the tandem truck overturned, blocking the southbound lanes, while the other truck went down an embankment. He says one of the drivers suffered minor injuries."

The crash closed the highway for several hours until early Monday morning when only the left lane of Interstate 87 remained closed. Accidents involving overturned tractor trailers often draw the attention of other drivers. Distracted drivers are often responsible for triggering separate accidents where one or more additional vehicles become involved. In other situations, a lengthy delay may test the patience of other drivers who find themselves stuck on the highway for long periods of time.

No one can predict when or where an accident will occur, however the reaction of drivers and passersby can prevent additional injuries. Drivers are reminded to always pay attention to their surroundings, especially in slow moving traffic to avoid accidents. Drivers of all vehicles must maintain control over their vehicle or risk injury to themselves or others.

Burn Victim Lawsuit Set to be Filed

blog@www.lsinjurylaw.com (News Author)23936 — Wed, 15 Jun 2011 08:00:00 EST

An act of religious violence ends in Aron Rottenberg suffering third-degree burns in White Plains, New York. His lawyer, Michael Sussman, is looking to file a burn victim lawsuit on Monday, June 20^th, against the religious leader of the Hasidic Jewish Village where Rottenberg lives and was burned.

Grand Rebbe David Twersky is not known for speaking out publically, but has previously said the use of force is "never permissible". Relatives of Rottenberg say he was targeted by followers of Twersky because he stopped worshipping at the main synagogue in the village. Rottenberg received third degree burns from a flammable liquid another man threw on him in his home.

Burn Injuries

A burn victim receives flesh injuries from heat, chemicals, electricity, light or friction. Most burn victims have skin damage only, but in some cases, the burn may go deeper and affect blood vessels, muscle and/or bone.

Burns are painful and can sometimes result in scarring, infections, the need for amputation or even death in severe cases. Burn treatment involves removal of dead skin and then applying dressings to the wound. Patients must take in large volumes of fluids which are usually given intravenously for severe burns, antibiotics, and sometimes skin grafting is required.

Personal Injury Assistance

If you have been burned and it could have been prevented if not for the carelessness or negligence of others - it's possible you can seek compensation for medical expenses and losses you've suffered with a lower quality of life, pain and/or lost wages. Check with our New York personal injury lawyers to find out if you have a case.

Fatal Fall From Wildwood Ferris Wheel

blog@www.lsinjurylaw.com (News Author)23742 — Fri, 10 Jun 2011 08:00:00 EST

A June 3^rd school trip to Wildwood, New Jersey turns into tragedy when Abiah Jones fell from the Morey's Mariner's Landing Pier Ferris Wheel. The eleven year old from Pleasantville was participating in a school field trip with other students from PleasanTech Academy.

One of the largest Ferris wheels on Eastern Coast, the giant wheel is 156 feet tall and measures the equivalent of a ten-story building. Attracting riders since 1985, the popular ride was last inspected on March 17, 2011 and passed according to New Jersey Division of Codes and Standards spokeswoman Hollie Gilroy.

At the time of the fatal accident, Abiah Jones fell from the ride which was in motion approximately five stories in the air. This is approximately half way to the top of the ride. As reported by NBCPhiladelphia.com, "Abiah-- who was riding by herself-- fell into the area where people get on and off the ride, according to police."

The ride which was immediately shut down after the accident was inspected later that day by state inspectors. According to investigators there is no indication at this time that foul play or any intentional acts resulted in this accident. "We don't know if it was a freak accident, or maybe she was looking around, we don't now" as stated by Police Capt. Robert Regalbuto of Wildwood Police. The incident remains under investigation. The Ferris Wheel has not yet been reopened to the public.

An outpouring of support from members of the community as well as strangers for the family and friends of Abiah Jones has been overwhelming. In a vigil held Sunday prayers and memories were shared by family and friends. A funeral following a Muslim service honoring the girl was attended by over 350 mourners on Wednesday.

Brooklyn Man Victim of Hit-and-Run Jaguar Accident

blog@www.lsinjurylaw.com (News Author)23653 — Thu, 09 Jun 2011 08:00:00 EST

A 51-year old man was critically injured in Brooklyn when an unidentified driver plowed him over in a pedestrian intersection recently. The driver left the scene of the accident, leaving the pedestrian at the corner of Atlantic and Franklin Avenues.

The driver was said to be driving a white Jaguar. The victim was described as suffering a head injury and was listed in extremely critical condition by police reports. However, further reports have listed the victim as having passed away due to his injuries. The NYPD is still looking for the driver who fled the scene in the Jaguar. The victim's name is also not being released for confidentiality reasons.

The latest story of a hit-and-run accident highlights the importance of not only driver safety but also pedestrian safety. While pedestrians should have the right of way in a crosswalk, many drivers still are oblivious to what is going on around them thanks to the increase occurrence of cell phone use and texting. Other distractions including media and entertainment packages available in many modern vehicles also have been found to cause distractions that leave pedestrians and other drivers at risk.

With summer here and more pedestrian on the streets, vigilance is key to survival. Pedestrians should not take for granted the road is clear without checking and drivers need to set aside distractions that can take their focus off the road.

If you have been the victim of a pedestrian-vehicle accident and suffered injuries, it is important to protect your rights. Contact our office today for a consultation on your auto accident claim by calling us toll free at (877) 288-9191 or using our online contact form.

NY Bill Meant to Tackle Vehicle Accident Insurance Fraud

blog@www.lsinjurylaw.com (News Author)23521 — Thu, 02 Jun 2011 08:00:00 EST

A bill is being considered to stop auto accident insurance fraud that would help combat the high rates of insurance in the state. New York state insurance is shown to cost 53% more than the insurance rates on a national average. It is said that the high rates in NY are due to the variety of insurance loopholes which allow for criminals and organized crime organizations to make serious cash from insurance fraud rings.

The bill proposes penalties on criminals that attempt to defraud the system. The criminals have been setting up fraudulent accidents and then solicit medical providers to commit additional insurance fraud. An insurance company would be allowed to deny claims despite passing a 30-day deadline for review though it would still be required to pay interest penalties and attorney costs deemed reasonable if a claim goes overdue.

Currently the insurance companies are estimated to have paid upwards of a half a billion dollars in fraudulent insurance claims in the last two years. However, the NY State Trial Lawyers Association is opposed to the bill, citing that the no-fault fraud issues are simply a cover for the insurance company to deny claims that are legitimate.

Those in opposition of the bill also believe that alleging big savings to drivers who pay insurances isn't exactly accurate. They say that the no-fault provision is actually only a small percentage of an insurance policy and insurance holders won't be saving all that much.

What people do agree on is that insurance rates for New York drivers are very high due to the insurance companies losing money within the state. The bill was presented to the Peekskill office of the NY Department of Motor Vehicles.

NY Driver Busted for High-Speed Chase Through Pennsylvania and Maryland

blog@www.lsinjurylaw.com (News Author)23520 — Tue, 31 May 2011 08:00:00 EST

A man from New York had been arrested in connection with a 124 mph ride through Franklin County, PA. The chance between Joseph Johnson-Glove, age 35, started when the man tried to elude police and nearly ran over several pedestrians on Interstate 81 in a construction zone.

Johnson-Glover's erratic driving made several vehicles go off of the road when he tried passing them on the shoulder of the highway. In a 55-mph construction speed zone, Johnson-Glover was exceeding 100 mph. Once out of the construction area, he continued to speed up to 124-mph in a 65 mph zone.

At one point, the vehicle intercepted a tractor trailer which nearly caused an interstate collision. Later, Johnson-Glover exited the interstate and nearly hit a motorcycle head-on. Johnson-Glover continued escaping police and entered Maryland. He drove into oncoming traffic and eventually crashed into an unoccupied trailer parked on the roadside. Johnson-Glover tried to escape on foot but police pursued the suspect and was captured by a Chambersburg, PA police officer and a state trooper from Maryland.

Johnson-Glover was charged with eluding police, recklessly endangering another person, careless driving, accidents involving damage, various maximum speed violations and traffic infractions.

Police in Pennsylvania and Maryland are asking the public for help in identifying those who were forced off the road during the chase.

NYC Construction Worker Crushed By Road Construction Truck

blog@www.lsinjurylaw.com (News Author)23448 — Tue, 31 May 2011 08:00:00 EST

The Daily News has reported that A New York Department of Transportation worker was killed in an on-the-job accident this week while assisting with a road construction project in Queens.

The man, 59-year-old Errol Wilson, was working to pave the Cross Island Parkway near Northern Boulevard in Queens at the time of the fatal worker accident. According to local news sources, the man was behind a truck and directing the truck’s driver when the driver lost sight of the man and then backed over him with the truck. The truck driver and Wilson’s co-worker, 46-year-old Lloyd Daley, said that he lost sight of the man in his rearview mirror and that the construction site death was an accident. Investigators agree and say that Daley was sober and that the incident was most probably an accident.

Wilson’s family, however, wants to know more about the fatal construction site accident and referred to Daley as “careless.” Wilson’s daughter Tanya said that they want justice to be served. The work accident is still under investigation, though officials say that Daley will likely not be charged with a crime.

New York City Mayor Bloomberg personally phone Wilson’s wife, Valerie White, to give his condolences regarding her loss.

Medical Malpractice Juror Arrested For Allegedly Soliciting Bribes

blog@www.lsinjurylaw.com (News Author)23447 — Tue, 31 May 2011 08:00:00 EST

A New York juror is under arrest after he allegedly tried to solicit bribes while serving on a medical malpractice jury. According to the Associated Press, 53-year-old Deonarine Persaud of Long Beach, New York, has been charged with felony bribe receiving and misdemeanor juror misconduct – two crimes that could lead to up to five years in prison.

The plaintiff’s parents say that Persuad called their home after jury selection and said that he had important information to share about the defended – but did not share that he was a sworn juror in the case. He met the Plaintiff’s father in a local Home Depot, where he offered to sway the other jurors in favor of the plaintiff – as long as he could have 5 percent of the compensation.

The plaintiff’s lawyer was informed of the bribe attempt and informed the judge on Monday morning. The juror was arrested when he appeared in court on Tuesday.

“Juror misconduct undermines the constitutional rights of plaintiffs and defendants and threatens the sanctity of our justice system,” Nassau County District Attorney Kathleen Rice said.

News sources and prosecutors have not disclosed either the name of the plaintiff or the name of the attorneys involved in the New York medical malpractice case.

Yankees Widow Loses Wrongful Death Lawsuit Against Plane Maker

blog@www.lsinjurylaw.com (News Author)23446 — Mon, 30 May 2011 08:00:00 EST

In 2006, star Yankees pitcher Corey Lidle was killed in a plane crash along with his flight instructor, Tyler Stanger. This week, the pro baseball player’s widow, Melaine Lidle, lost a $50 million wrongful death lawsuit against the manufacture of the plane that Lidle was flying.

Five years ago, Lidle and Stanger were flying a single-engine SR20 plane over Manhattan’s Upper East Side when the plane suddenly crashed into the side of an apartment building. While federal investigators and the National Transportation Safety Board concluded that pilot error was the cause of the tragic crash, Melanie Lidle claims that a mechanical error made it impossible for either her husband or the flight instructor to control the plane. Becaue the plane has dual flight controls, it is unknown who was in control of the plane when it crashed or a pilot error would not have been fixed by the instructor.

While the widow of Lidle claimed that a design flaw in the plane caused the flight control system to fail. The plane’s maker claimed that the pilots turned at the wrong angle in a dangerous location and were not able to avoid the building.

This week, a New York jury found that Cirrus Design Corp, the makers of the SR20, were not responsible for the crash or for the death of Lidle, who played professional baseball for nine seasons.

Fleet Week Pedestrian Accident In NYC Leaves Marine Dead

blog@www.lsinjurylaw.com (News Author)23445 — Mon, 30 May 2011 08:00:00 EST

A Marine visiting New York City for Fleet Week was struck and killed by a car in Manhattan early on Thursday morning. The man, 22-year-old Marine Cpl. Steven Jorgenson of Missoula, Montana, was dressed in full uniform and getting out of a taxi along with several other Marines at the time of the NY pedestrian accident.

The accident took place at the intersection of the West Side Highway and 49th Street at one in the morning as the Marines were returning to their ship, the USS Iowa Jima. The driver of the Acura that struck Jorgenson, a 39-year-old man from the Bronx, called 911 and stayed at the scene of the fatal pedestrian accident. The driver is cooperating with police, who do not believe that charges will be filed in relation to the accident.

After the deadly accident, officials released a statement reminding both marines and New York City residents to be cautious during the remainder of Fleet Week and to keep Jorgenson and his family in their thoughts and prayers.

The Marine’s father told news sources that it was a strange tragedy that his son survived tours in Afghanistan but was killed on New York City streets during a week of celebration.

Driver In Fatal Accident Sued By Victim's Mother

blog@www.lsinjurylaw.com (News Author)23383 — Fri, 27 May 2011 08:00:00 EST

A year after the fatal accident which claimed the life of her son, Nelina Diaz has filed a lawsuit against David Dezelich, the driver of the car that struck him. In the lawsuit, Ms. Diaz is asking for unspecified monetary damages. Louis Grandelli, the lawyer representing Ms. Diaz who serves as the administrator of her son's estate, states "She was devastated by the loss. Not only did she lose her son, but her mother died only a few weeks after Felipe died, only compounding her devastation."

The victim, a 49 year old construction worker was struck on April 9, 2010 crossing Seguine Avenue. Accident reports from police state the victim "stepped in front of (the) vehicle" and was struck. The incident occurred approximately 15 feet from the nearest intersection. Pronounced dead at the Staten Island University Hospital, Ocean Breeze, Cruz reportedly suffered from skull fractures.

In many cases, determining who is at fault for a car accident resulting in a fatality is fairly easy. A driver who is under the influence, speeding or distracted will more likely be named as the person at fault, than the victim. There are situations where the victim is at fault due to their own actions or negligence. Finally there are accidents which are just that.. accidents, with both parties guilty of nothing more than being in the wrong place at the wrong time.

Family members of the victim mourn their loss regardless of who is at fault. Due to the complex nature of laws surrounding personal injuries cases, family members are encouraged to speak with an experienced attorney regarding the accident. A dollar amount cannot be placed on the loss of a loved one, however surviving family members may be entitled to compensation to ease the financial burden or care for dependent children and/or spouse.

New Rules For Licensing Of Crane Operators

blog@www.lsinjurylaw.com (News Author)23313 — Wed, 25 May 2011 08:00:00 EST

The construction industry is one of the more dangerous injuries for workers. Each year thousands of construction workers end up in the hospital as a result of an accident on the job site. The very nature of the job puts many workers at risk of serious or even fatal accidents. While those working on a construction site are vulnerable to accidents, pedestrians and people in the area surrounding the work site are also at risk of injury. For this reason, all safety precautions must be taken to reduce accidents and prevent injuries.

One step which may improve safety in the construction industry, specifically in New York will be the way in which Crane Operators are licensed. The New York Daily News reported on new rules which will require crane operators to meet national standards. As it stands, requirements for licensing crane operators are outdated and do not reflect the type of equipment nor conditions of construction sites today.

As reported by the NY Daily News, "Although the towering hoists are taller, heavier, more varied and more complicated than ever before, the Buildings Department has yet to move beyond testing most would-be operators on a single city-owned machine. Nor does the city require periodic re-certification, including checking to see if the operators use drugs, prescription or otherwise."

As the number of incidents involving crane accidents rise, the need for improved safety and training is apparent. By 2014 crane operators will be required by OSHA to meet national standards. Crane operators working in the city are challenged by restricted space and high pedestrian traffic. One mistake can result in the loss of life of the operator, other workers on the site or pedestrians.

With new rules in place regarding license requirements, Commissioner Robert LiMandri is actively working with labor unions and others in the construction industry to establish training and testing that will meet national standards.

Pedestrian Safety A Concern At Construction Site

blog@www.lsinjurylaw.com (News Author)23200 — Thu, 19 May 2011 08:00:00 EST

It is common knowledge that those working in the construction industry are at an increased risk of injury on the job. Construction workers face hazards in their day-to-day jobs that most other employees do not have to worry about. Accidents involving falls, injuries from equipment issues and other safety problems go hand-in-hand with construction work. Unfortunately, it is not only the construction workers who must pay close attention to their work environment as reported by Downtown Express.

From a recent report published by DowntownExpress.com, "Just hours before Mayor Michael Bloomberg's afternoon press conference at 4 World Trade Center on Mon., May 2, a piece of rebar fell from the 13^th floor of the tower and struck the hand of a 14-year-old boy". It is reported that a four foot iron rod managed to fall through a gab measuring one to two inches in a platform used by construction workers working on the exterior of the building.

Tishman Construction in charge of overseeing the construction of the skyscraper provided this statement, "We deeply regret the incident that occurred last week. Our teams have identified the problems, and we have taken all steps to make sure they don't happen again."

This incident which resulted in the 14 year old boy being treated at the Engine 10 Firehouse for a bruise on his palm, has raised concerns about the safety of pedestrians around construction sites.

If construction workers are at an increased risk of injury from on-site hazards, it stands to reason those on the ground may also be at an increased risk. Despite safety precautions in place, the fact remains that pedestrians on the ground are vulnerable to objects or even workers falling from heights in addition to other hazards common on construction sites.

Increased safety measures must be considered when pedestrian traffic is exposed to construction site hazards to reduce the risk of injury to those on the ground.

Family Mourns Loss After Tragic Car Accident

blog@www.lsinjurylaw.com (News Author)23109 — Tue, 17 May 2011 08:00:00 EST

Each day millions of motorists hit the highways to get to and from work, school and other destinations. Sadly, thousands of lives are lost each year due to traffic accidents. In some cases accidents are just that, unfortunate incidents that could not be anticipated or prevented. In other situations, automobile accidents could be prevented and lives would be saved. Determining whether an accident was preventable is often difficult if not impossible due to lack of information.

The family of one Port Chester man killed in a recent automobile accident has yet to learn what exactly triggered the accident which claimed his life. According to a new article provided by lohud.com, the 28 year old Port Chester resident lost his life after being involved in an accident with a tractor-trailor in Harrison. As reported in the article, "Police were still determining what caused Rodriguez to strike a center guard rail at 3:45 a.m. and spin out before his car was hit by a rig".

The family of Hector Rodriguez may not have time right now to question how and why as they deal with the loss of a loved one, however in the days and weeks to come, they will surely seek answers.

Lohud.com reports, "'I'm sure there's a reason why God did this, ' said the brother, who was preparing to fly to New York to be with his family."

Rodriguez's family, like many others could be entitled to compensation if it is determined the accident could have been prevented. Auto defects and driver error are common causes of car accidents which claim the lives of motorists each day. Negligence or other faulty actions which lead to the death of one or more people may be grounds for a personal injury case which compensates injured parties or their families.

Match.com To Screen For Sex Offenders After Lawsuit Filed

blog@www.lsinjurylaw.com (News Author)23066 — Mon, 16 May 2011 08:00:00 EST

Just weeks after online dating customers filed a class action lawsuit against Match.com, the internet dating giant has announced that they will begin screening for sex offenders before approving user profiles.

The change in the online dating company came after one user filed a lawsuit against the company claiming that she was raped by someone she met on the site. The woman later found out that the man who sexually assaulted her had a long criminal past, including six different convictions for sexual battery.

President of Match.com, Mandy Ginsberg, says that the screening involves the national sex offender registry, and that while she hopes that the new screening process will make the site safer, it will not be perfect. According to the Associated Press, Ginsberg stressed that the checks for potentially dangerous dates was still flawed and that those who use the site should still be cautious when meeting new people and dating those who they meet on the site.

Some have questioned whether the screening process is legal, while others question whether Match.com users will now have a false sense of security when communicating with stranger on the site or meeting them in person.

It is unclear whether other large dating sites will implement similar screening processes.

Personal Plane Crashes Prompt FAA Plan to Reduce Accidents

blog@www.lsinjurylaw.com (News Author)23004 — Fri, 13 May 2011 08:00:00 EST

The Federal Aviation Administration announced a small plane accident in Houston, Texas, which killed two people. The airplane was a single-engine, homebuilt Ravin 500, N913RA aircraft, that left the Conroe airport on May 7^th at 9am. A few minutes later, the pilot reported the cockpit had smoke, declared the plane was experiencing an emergency and attempted to turn around and bring the plane back to the Conroe airport. A half-mile north of the airport, the plane crashed and exploded, killing the pilot and the passenger on board.

The plane accident is being investigated by The Federal Aviation Administration and the National Transportation Safety Board.

Too Many Personal Plane Accidents

In 2010, The Federal Aviation Administration recorded 268 fatal accidents involving personal airplanes and a total of 457 deaths. This is the equivalent of 1.14 accidents per 100,000 hours in the air. In March of 2011, the FAA announced a plan for private plane safety to reduce the number of accidents for personal aircraft by 10% before the year 2018.

If someone you love has been injured or killed in a personal plane accident that you believe is a wrongful death - that the maker of the aircraft was negligent and was the cause of the accident - contact experienced wrongful death lawyers like Lever & Stolzenberg LLP for representation in Surrogate's Court.

Bad Drivers A Threat To People On and Off The Road

blog@www.lsinjurylaw.com (News Author)23013 — Thu, 12 May 2011 08:00:00 EST

As is often the case in wrongful death or injury incidents, the victim is in the wrong place at the wrong time. Aggressive drivers are a threat to anyone in their path, both on and off the road. In a recent NYDailyNews.com news article, it was reported that a 22 year old pizza delivery man was killed by a hit-and-run driver.

As stated in the article, "A 22-year-old pizza delivery man died after he was mowed down by a hit-and-run driver on a Brooklyn street Thursday, cops and witnesses said. Luis Torres was at Fort Hamilton Parkway and 59th St. on his bike delivering pies for Amnon Kosher Pizza when he was hit by a Budget box truck, police and family said."

Sadly, negligent and/or aggressive drivers are not only a threat to themselves. When required safety practices are not followed, the end result is often serious injury or death. The victims may be occupants in a car or they may be pedestrians simply going about their business in the vicinity of the dangerous driver.

The hit-and-run driver attempted to flee the scene but was eventually apprehended by police. The victim was taken to the hospital but attempts to save his life were unsuccessful. He leaves behind a wife and son who must now deal with the consequences of this tragic incident.

When drivers fail to operate a vehicle in a safe manner, the end result can be life changing for all parties involved in an accident. If negligence leads to the death of another person, compensation may be available to the family of the victim. Auto accidents claim the lives of thousands of individuals each year, many of whom are not even riding in a motor vehicle. Drivers must be aware of their surroundings at all times to reduce the chances of being involved in a serious accident.

How Strict Are Today's Texting and Cell Phone Laws?

blog@www.lsinjurylaw.com (News Author)22769 — Fri, 06 May 2011 08:00:00 EST

In today's modern world of technology it is rarely unusual to see people of all ages with a cell phone connected to their hip or their ear in all kinds of public locations. When those same people get behind the wheel, most are either adamantly obeying cell phone laws and the rest continue with their communication habits no matter where they are.

Texting and driving or talking and driving have been shown to equal the same thing to motor vehicle operators - distracted driving. By not focusing on the road, texters and talkers are putting themselves at risk as well as everyone on the road around them. Distracted driving accidents have been on the rise and can be even more dangerous than drunk driving because more and more people are doing it while behind the wheel.

Enforcing the laws surrounding distracted driving from texting/talking has proven to be difficult even for the most experienced law enforcement teams. It is difficult to really know how strict laws will be enforced because it is dependent on where you are driving. Some police departments are very strict with enforcing the laws and will issues thousands of tickets to distracted drivers but other teams are not able to spot every single person handling a phone behind the wheel.

Drivers need to put forth the effort to obey distracted driving laws especially because their own lives are in danger. There have been an increased amount of accidents, many involving teen drivers, who were fatally injured while texting and driving. Additionally, there have been many innocent people maimed or killed due to another driver's negligence.

It is not possible to know how strict distracted driving laws will be in the future but what is important in the present is to know the laws in your area and state. Drivers also have the responsibility to avoid texting and talking when behind the wheel or face the consequences that may result.

If you have been the victim of an auto accident as a result of the other driver's negligence on the road, you need to protect your rights and ensure compensation is adequate to cover your medical bills and loss of work. If your loved one has been killed as the result of a texting/talking accident on the road, contact our office today toll free at (877) 288-9191 or use our online contact form.

Airplane Accidents Change Victims Lives in an Instant

blog@www.lsinjurylaw.com (News Author)22768 — Wed, 04 May 2011 08:00:00 EST

As Americans continue to remember what took place on September 11^th in New York City, Pennsylvania, and Washington DC, there are still airplane tragedies occurring that affect not only the lives of those directly involved but also the families who love them.

Airplane accidents are not necessarily a common, everyday occurrence but all over the country they do occur and the results can be disastrous for all involved. Many of the reported airplane accidents were cause by airplane malfunctions. In some cases, pilot error was found to be the reason for the crash. While some airline pilots are able to successfully land a threatened craft (think Captain Sully), others are fatally injured with all of the other passengers.

Just some of the reasons airplanes have been known to never reach their end destination is due to turbulence, in-air collisions, defective planes, ill-trained pilots, or collisions on the runway. But injuries on an airplane do not stop there. Cases involving head trauma resulting from overhead compartment fall-out, slips or falls in the airport or plane, and serious burns due to inattentive crew can all be cause for a personal injury claim or wrongful death suit.

Statistics are quick to point out that travelers are safer in an airplane than they are on the road. But for those who have been through and survived an actual crash, statistics matter not. Plane crashes have ended the lives of many famous, infamous, and countless Americans just going about their business. But for those who survive and those who do not, there is a liability that needs to be addressed.

If you are a survivor of an airline crash or are the loved one of a crash fatality, it is important to have someone who understands the complexities of the legal system in protecting victim's rights and their financial stability. Contact our team toll free at (877) 288-9191 or by using our online contact form.

New York Cracks Down On Commercial Bus Drivers After Bronx Crash

blog@www.lsinjurylaw.com (News Author)22417 — Mon, 25 Apr 2011 08:00:00 EST

Following a horrific commercial bus crash in the Bronx that left 15 passengers dead, New York officials have cracked down on commercial bus drivers who are driving after using fraudulent means to obtain their commercial driving license. The driver in the fatal crash, Ophadell Williams, was found to have lied on his drivers’ license application. Now some believe that he was speeding and driving recklessly in the moments before the crash while others say that he was fatigued and falling asleep.

This week, the New York Police Department arrested 11 drivers, including multiple MTA employees, in the area who also lied during the licensing process. Some had falsified vital information on their license applications while others used false identities. Police say that they will continue to investigate commercial bus drivers and make further arrests. At the same time, NY police have issues over 150 tickets and citations to bus drivers speeding and breaking other rules of the road.

In addition to the arrests, the New York Department of transportation also conducted a surprise inspection of buses and bus drivers from across the state, removing a further 124 bus drivers from their positions and taking 96 buses off of the roads. The transportation department conducted over 1,000 different inspections after New York Governor Andrew Cuomo asked state officials to crack down after the NT bus accident made national headlines.

Two passengers who were injured in the Bronx bus accident have already filed personal injury lawsuits against the bus company involved with the crash, saying that the company was negligent when hiring drivers.

New York Nurse Fired For Revealing Fatal Medical Mistake?

blog@www.lsinjurylaw.com (News Author)22415 — Sat, 23 Apr 2011 08:00:00 EST

A Manhattan nurse is suing New York’s Roosevelt Hospital after she says she was fired for exposing a fatal medical mistake.

A triage nurse, Danna Novak was on duty in August of 2009 when a regular of the emergency room, 51-year-old Daniel Iverson, once again entered the hospital. The man, an alcoholic who had a prosthetic leg and who was confined to a wheelchair, would often come into the hospital complaining of pain or wanting to rest. This night, however, he said that he had taken a dangerous dose of morphine in an attempt to commit suicide.

Novak began treating the man and took his blood pressure before another nurse stopped her, saying that the homeless man was faking the suicide attempt – despite the man’s low blood pressure and past attempts at taking his own life. The nurse told Iverson he would have to wait for a doctor, and he wheeled out of the emergency room and back into the streets. Later that day, he was found dead of an alcohol and morphine overdose. When the family was told about the man’s death, the hospital did not mention he had been in the emergency room just hours before and did not receive treatment.

When Novak tried to report the alleged medical malpractice incident to the hospital’s medical director, nothing happened. Soon after, she was told to quit and then was fired, allegedly for leaving patients unattended. She believes that it was for trying to expose the hospital’s deadly medical error.

Same Queens Off Ramp Sees Two Serious Car Accidents In Two Weeks

blog@www.lsinjurylaw.com (News Author)22414 — Thu, 21 Apr 2011 08:00:00 EST

Two people are dead in two separate New York City car accidents that took place at the very same location near the Queensboro Bridge. The fatal car accidents have many wondering if the off ramp where the crashes took place suffers from a design flaw or other related issue.

In the first car accident, which took place on March 28, a driver exiting off of the bridge and into Queens lost control and crashed into a row of businesses along the street. A pedestrian, a 68-year-old taxi driver, was killed in the accident.

In the most recent car accident, which took place on April 6, a driver lost control of their vehicle in the same exact place and crashed into the same exact set of stores. In this crash, the driver suffered a partially severed arm and was rushed to a nearby hospital in stable condition. The passenger in the car, 40-year-old Beatriz Rodriguez was rushed by emergency responders to the hospital suffering from a traumatic head injury, but died later that night from her car accident injuries. The driver of the car has been arrested for operating a vehicle without a license.

The two fatal car accidents took place just two weeks apart. The owners of the shops along the dangerous Queensboro Bridge off ramp and exit, all of whom are dealing with extensive property damage, are demanding the city to look into why these accidents took place and how future accidents will be prevented.

Federal Investigation Of Tour Buses Will Follow Fatal New York Crash

blog@www.lsinjurylaw.com (News Author)22416 — Tue, 19 Apr 2011 08:00:00 EST

Weeks after a fatal bus accident on a highway in the Bronx killed 15 people and seriously injured others, the National Traffic Safety Board has announced that it will launch an investigation into the commercial bus industry as a whole. The investigation will focus on the low-cost tour bus industry and the current regulations related to the industry. The bus involved in the March 12 crash was shuttling passengers between Manhattan and a gambling facility in Connecticut.

When the New York Department of Transportation inspected 14 buses shortly after the accident in March, it found one violation or another in every single case. New York Governor Andrew Cuomo has asked that a number of state departments and organizations, including the Department of Motor Vehicles, the Department of Transportation, and the NY Police Department all crack down on commercial bus licensing, commercial bus citations, and commercial bus violations.

At the same time, the investigation into the Bronx bus accident continues, with the Federal Motor Carrier Safety Administration revealing that the bus company that could be responsible for the accident was involved in two other similar bus accidents in the past three years. In addition, the bus company, World Wide Travel, has been cited for using fatigued drivers five times in the past year.

The investigation will be headed by United States Senator Charles Schumer of New York and United States Representative Nydia Velazquez of Ridgewood, New York.

Toyota Wins Defective Product Lawsuit In New York

blog@www.lsinjurylaw.com (News Author)22413 — Tue, 19 Apr 2011 08:00:00 EST

The Toyota Motor Corporation has won a defective auto part lawsuit involving a man who claimed that his car crashed into a tree due to a defect with the car’s floor mat. The New York civil trial took place after Toyota recalled a number of vehicles because of potentially dangerous floor mats and after a large recall of cars and vans last year because of a possible acceleration problem.

The federal jury, who heard the case in New York, had to decide whether the car accident and injury was caused by a defective floor mat slipping under the pedal or whether the crash was caused by human error. After deliberating for less than an hour, the jury decided that the man, 59-year-old Amir Sitafalwalla, caused the crash and that Toyota was not liable for damages. Sitafalwalla’s New York personal injury attorney said that he was disappointed with the verdict, though jurors said that the evidence pointed to human error and not a mechanical defect.

One juror said that they believe that the man, a prominent Brooklyn doctor, probably simply accidentally stepped on the gas pedal instead of the brake. The doctor was pulling out of his home’s driveway in his 2005 Toyota Scion when his car suddenly accelerated into a tree. The Scion was not a part of the Toyota floor mat recall and the doctor had recently worked a 12-hour shift.

It is not clear if the doctor will appeal the court’s decision.

Two New York Bus Accident Victims File Personal Injury Lawsuits

blog@www.lsinjurylaw.com (News Author)21808 — Sat, 26 Mar 2011 08:00:00 EST

Just weeks after a horrific Bronx bus accident that killed 15 people, two different passengers on the bus that were seriously injured have filed lawsuits against the bus company and the bus driver regarding their injuries and experiences.

According to CNN News, 74-year-old Yuke Chue Lo is suing bus company World Wide Tours and bus driver Ophadell Williams for $20 million following the fatal accident. Lo suffered a traumatic brain injury and a skull fracture in the crash – serious injuries that required multiple surgeries and that will require months or even years of rehabilitation. Lo’s New York personal injury attorney claims that the bus driver was speeding on the night of the bus wreck and could have fallen asleep at the wheel.

Another passenger, 53-year-old Erold Jean Marie is suing the bus company and driver for $200 million in damages. Marie’s bus accident injury lawyer has stated that the doorman suffered shoulder and back injuries and that he has also suffered severe emotional damage from both the accident and the aftermath.

The deadly New York bus accident took place on March12, though investigators are still unsure of what caused the wreck. The bus driver has stated that he swerved to avoid a passing 18-wheeler that was drifting into his lane, but some witnesses claim that the driver was drowsy at the wheel and could have been speeding. An initial look into the bus driver’s background found that he had made false statements while applying for his commercial license. His license has been suspended.

15 Dead In New York Tour Bus Accident On New England Thruway

blog@www.lsinjurylaw.com (News Author)21652 — Fri, 25 Mar 2011 08:00:00 EST

Many questions remain after a horrific New York tour bus accident in the Bronx killed 15 people and left five others critically injured. The bus accident took place on Saturday morning on the New England Thruway near the Hutchinson River Parkway, when a bus headed from Mohegan Sun Casino to Manhattan ran off of the road where it ran into a highway sign and rolled onto its side. An investigation is underway, though there are several theories as to what exactly caused the NYC bus accident.

The bus driver, 40-year-old Oferdel Williams, claims that a tractor-trailer was passing the bus at a high rate of speed in the seconds before the accident – and that the big rig either caused the bus to serve or actually hit the side of the bus. The tractor-trailer driver, who was tracked down in the hours after the crash, denies that he clipped the bus. At the same time, several passengers on the bus said that it appeared that the bus driver was falling asleep at the wheel before the traffic accident happened. Williams said that he took a nap in the bus just hours before he began the trip.

The bus left the casino at around three in the morning and crashed a t 5:30 a.m. Some passengers said the bus driver seemed distracted, while others said he hit several rumble strips. He passed a Breathalyzer test for alcohol after the accident.

Thirty-two people were on the bus, with 15 dead and 17 injured in total. The National Transportation Safety Board will look at more evidence in coming days, including an onboard camera and the bus’ black box – both of which could shed light on the cause of the bus accident.

New York Family Wins $4 Million For Pain & Suffering After Misdiagnosis

blog@www.lsinjurylaw.com (News Author)21651 — Wed, 23 Mar 2011 08:00:00 EST

A family has won a $4 million misdiagnosis medical malpractice case against a New York medical center – including $3 million for 11 months of pain and suffering and $1 million for loss of consortium.

According to local news reports, 33-year-old Theresa Capwell went to the Westchester Medical Center with symptoms of abdominal pain. However, doctors at the hospital misdiagnosed her pancreatitis with ovarian cancer and began treating her for the wrong condition. The mistaken diagnosis led to a bevy of complications and soon Capwell was on a respirator, unable to talk, and confined to the hospital for almost a year before she died. A heart attack and other issues led to severe and permanent anoxic brain damage.

During the New York medical malpractice trial, her husband shared with the jury how happy their marriage had been and how much he had suffered from losing his partner and love – as well as how difficult it was to raise his children alone. In addition, other witnesses explained how much suffering Capwell endured after her heart attack and other complications left her barely alive.

The jury originally awarded Capwell with $7 million in damages, but the award was reduced after the defendant appealed the loss of consortium award. After the medical malpractice trial, a wrongful death trial will likely follow, as Capwell’s three young daughters will seek compensation for losing their mother. Those damages could include loss of parental guidance and economic losses.

New York State Ponders Medical Malpractice Liability Caps

blog@www.lsinjurylaw.com (News Author)21650 — Mon, 21 Mar 2011 08:00:00 EST

As many other states are debating whether or not putting caps on non-economic medical malpractice awards, New York State has also decided to consider the reform. While some say that the med mal caps will save the state money and also lower insurance premiums, others argue that medical malpractice victims will not get the compensation that they rightly deserve under the law. Still others believe that the medical malpractice reform is not even constitutional.

The medical malpractice award caps are one of seventy-nine different recommendations put forth by a task force assembled by New York Governor Andrew Cuomo. Cuomo accepted all of the recommendations without exception and then made them part of the coming year’s budget, where be believes he can save millions of dollars in spending.

However, the New York Assembly, which is dominated by democrats, approved the budget without approving the medical malpractice caps. Many representatives commented on the move by saying that limiting caps is simply not fair to medical malpractice victims who often suffer terribly because of doctor mistakes and who have the rest of their lives altered permanently due to hospital errors.

While Cuomo believes that medical malpractice caps will save New York up to $419 million per year, democrats said that that money would be taken away from those with permanent disabilities due to doctor mistakes and hospital mistakes. Instead, the democrats believe that medical malpractice reforms should focus on getting better care for New Yorkers in the first place – and preventing medical malpractice altogether.

New York Nursing Home Employee Falsified Records Regarding Medication

blog@www.lsinjurylaw.com (News Author)21635 — Sun, 20 Mar 2011 08:00:00 EST

A New York State nursing home staff member and former worker at Williamsville Suburban Nursing Home pleaded guilty to three counts falsifying patient records during her employment, a class E felony. She has been given a three-year discharge as a registered nurse as well as 50 hours of community service for her change. Her case was part of a larger investigation of the Amherst nursing home, which was found to be repeatedly covering up instances of substandard care.

A hidden camera used by the New York Attorney General’s Medicaid Fraud Control Unit caught 61-year-old Deborah Groth recording that she had given an elderly patient diabetes medication when in fact she had not. The woman also recorded that she had taken the patient’s vital signs and applied a skin treatment when she did not examine the patient at all.

Several other nurses from the same New York nursing home has received similar sentence and similar charges. Earlier this year, 55-year-old Linda Banks, received a one-year conditional discharge after pleading guilty to two counts of Endangering the Welfare of an Incompetent or Physically Disabled Person and two counts of nursing home neglect.

The NY Attorney General’s office released a statement that it would continue these types of investigations in the future to prevent nursing home neglect and nursing home abuse.

“This office will leave no stone unturned in the quest to ensure that patients in nursing homes across the state are treated with dignity and receive the healthcare they deserve,” said Attorney General Schneiderman.

The New York State nursing home is owned by Legacy Health Care LLC and the Zacher family.

Two NYC Families File Wrongful Death Lawsuits Related To Blizzard

blog@www.lsinjurylaw.com (News Author)20912 — Mon, 28 Feb 2011 08:00:00 EST

A second New York City family has filed a wrongful death lawsuit in the wake of the Christmas blizzard that struck the city two months ago. In both cases, the families are suing the city of New York for the unacceptably slow response to emergency 911 calls during the winter storm.

In the first wrongful death lawsuit, a Brooklyn family is suing New York’s sanitation, transportation, fire, and police departments for their 1.5-hour response time regarding a 911 call about chest pains. According to the New York Post, 63-year-old Claire Reed was suffering from chest pains on December 27 and thought she was having a heart attack. Her husband, Robert David, and her daughter, Chrystal Reed, said that a 90-minute response to a life-or-death situation was absurd, and that Claire might be with them today if not for the city’s poor weather response.

In the second blizzard-related wrongful death lawsuit, the daughter of an elderly Queens woman who died during the storm is suing New York City for $20 million. During the blizzard, Laura Freeman repeatedly tried to call 911 during the blizzard to get medical assistance for her 75-year-old mother, Yvonne Freeman. For three hours she struggled to even get a response from a 911 operator. In the last minutes, desperate for help, Laura Freeman even ran outside to ask for help from passing strangers. By the time help arrived, her mother had passed away.

These two wrongful death lawsuits are expected to be the first of several involving the city’s poor response to the December blizzard.

Two Upper West Side Construction Workers Die In Scaffolding Fall

blog@www.lsinjurylaw.com (News Author)20911 — Fri, 25 Feb 2011 08:00:00 EST

Two men were killed in a New York City construction site accident this week – and an initial investigation has revealed that the construction company in charge of the site may have been violating several Occupational Safety and Health Administration (OSHA) federal regulations.

According to the New York Post, the men were working on the seventh storey of a building when the beam they were standing on collapsed. The pair fell five stories down an under-construction elevator shaft. The construction site was located at 150 West 83rd St. on the Upper West Side and the fatal construction accident took place on the morning of February 8, 2011.

The construction site had been cited for violations as recently as the Sunday before the deadly worker accident, when a building inspector found loose building materials on the construction site’s roof. Earlier in the year, construction stopped on the $6.2 million project after complaints of scaffolding problems. The construction site was formally a parking garage.

Both men were rushed to local hospitals. One worker, a 49-year-old man, was pronounced dead at Roosevelt Hospital in New York, while the other worker, a 51-year-old man, was pronounced dead at St. Luke’s Hospital in New York. Neither man was wearing a safety harness at the time of the fall accident.

The construction company, Redeemer, The New York Police Department, and the New York Department of Building will be investigating the fatal construction worker accident. In addition, the OSHA is also expected to conduct an investigation to determine the cause of the accident.

New York Tourists Sue Broadway Show For Injuries From Prop Mishap

blog@www.lsinjurylaw.com (News Author)20910 — Tue, 22 Feb 2011 08:00:00 EST

Two women who were visiting New York City from Kansas City are suing a Broadway theater company for $2 million each after they suffered serious injuries while watching a musical.

The women, 54-year-old Elaine Rosen and 60-year-old Cynthia Noblit, were sitting in the front row of the Imperial Theater on Broadway in Manhattan and watching Billy Elliot: The Musical when a prop flew off of the stage and into the audience. The women’s personal injury attorney said that the injury took place during the dance number at the end of the first act and that the women were escorted out of the theater and taken to the hospital immediately. They believe that the women were hit by a plastic box or crate that was either kicked off of the stage or that slipped out of the hands of one of the performers.

Rosen suffered a gash on her face that required stitches and now has a permanent scar. Noblit suffered a concussion, though she didn’t lose consciousness, and underwent an MRI and CT scan. The women were offered tickets to see the musical again in the future and the theater company changed the choreography to prevent a similar accident from occurring in the future.

The women are suing the musical’s producers, Billy Broadway and NBC Universal, saying that the front rows of the audience should have been warned of potential danger and that the dance number should have been recognized as dangerous and hazardous.

Another Match.com User Shares Her Story Of Disappointment With the Company

blog@www.lsinjurylaw.com (News Author)20907 — Sat, 19 Feb 2011 08:00:00 EST

Some people might have been surprised to hear about the class action lawsuit against Match.com, but many former members of the giant online dating website weren’t surprised at all, In fact, some former customers like KC Pallone have long thought that the company wasted people’s time and money with their deceptive business practices and poor customer service.

In 2004, Pallone was a single mother who was ready to return to the dating scene. A busy working mom who didn’t want to expose her daughter to unfamiliar men, the young woman through that online dating would be a safe and fun way to meet new people and potentially get to know someone who interested her. However, despite paying a high monthly fee for service, she never met anyone worthwhile on the site. The vast majority of the people she wrote never wrote back – or wrote back to tell her they had cancelled their account months before.

When she contacted customer service to see if there was a way to flag bogus profiles or warn others of the many scams on the website, she was told that she could not. She was also told it would take 60 days to cancel her own account, which she realized was nothing more than a waste of time. She never received a refund for her poor experience or an explanation of the fake messages and inactive profiles.

While Pallone found a long-term partner on another online dating website (she is now married with a new child), she still remembers how she was burned by Match.com.

Match.com Subscriber Tells Of Poor Personal Experience On Dating Site

blog@www.lsinjurylaw.com (News Author)20906 — Wed, 16 Feb 2011 08:00:00 EST

By now you’ve probably heard about the class action lawsuit against Match.com, arguably the biggest online dating website in the country. However, have you heard from the users of Match.com themselves? This month a former user of the Internet personals site shared their personal story of using the website on with readers on Yahoo!.

Colleen Young was an on-again off-again member of Match.com when she was in her mid-20s in the early 2000s. After a few tries, she began to see major flaws in the way that the dating company ran their website, and after a few tries, she gave up on the site altogether filled with anger and frustration at the company's ways and policies.

The first time the young woman became suspicious of the company was when she began to receive large numbers of messages regarding potential matches in the week leading up to her subscription renewal. While a usual week would come with five to ten email messages from other subscribers, the week before her membership lapsed, she would receive up to ten emails per day – mostly from inactive accounts, fake profiles, or men who didn’t write back.

As time went on, the Match.com user found that only about ten percent of emails were not spam or inactive users, and that wading through the scams was barely worth her time. At times, she even wondered if the site’s lack of vetting wasn’t exposing her to potentially dangerous predators.

Now the woman is married – to someone she met outside of the online dating scene. Her final advice? Be wary of dating sites that increase your emails at the end of your billing cycle and be very wary of anyone you talk to online on Match.com.

One Construction Worker Killed, 3 Injured In Queens Cinderblock Wall Accident

blog@www.lsinjurylaw.com (News Author)20075 — Thu, 27 Jan 2011 08:00:00 EST

One New York construction worker has been killed and three others are being treated for serious injuries following the collapse of a cinderblock wall at a construction site in Queens.

According to the Associated Press and the New York Fire Department, a 26-year-old construction worker was killed in the wall collapse while three fellow workers are being treated for fractures and other fall trauma at Elmhurst Hospital in Queens.

The men were constructing a five-story building on Queens Boulevard in Elmhurst, Queens when an 18-foot-tall cinderblock wall fell over. Two of the men were on top of the wall during the construction site accident while two others were on scaffolding set up against the wall. The two men on the top of the wall were able to ride the structure down to the ground, while the two men on the scaffolding were trapped under the rubble and felt the full force of the falling wall. Other construction workers on the site rushed to free the two workers from the rubble, aided by emergency workers who arrived just minutes after the construction accident took place.

It is unclear what caused the wall to collapse or if any construction worker safety regulations were violated. The accident, which occurred at just after 9:30 AM on Monday, January 10, is under investigation. The building was to have ground floor commercial space and four stories of residential apartments.

New York Instates "Move Over" Law At Start Of 2011

blog@www.lsinjurylaw.com (News Author)20074 — Sat, 22 Jan 2011 08:00:00 EST

This month New York joins a number of other states in instating a “Move Over” law that hopes to reduce the number of emergency workers and accident victims who are struck and killed on the shoulder of roads, highways, and interstates.

The law, which took effect on January 1, 2011, requires that drivers slow down when approaching an accident scene or other emergency activity on the side of the road. When drivers are traveling on multiple lane highways and interstates, the law requires that drivers both slow down and change lanes to give emergency workers more room to do their jobs.

The law is called the Ambrose-Searles Move Over Act – named after two law enforcement officers who recently lost their lives in New York because of careless drivers who struck them while they were doing their jobs on the shoulder of the road.

New York State Trooper Robert Ambrose was killed on December 19, 2002, when he was responding to the scene of a minor accident on the edge of the New York State Thruway. A 20-year-old drunk driver sped into the back of Ambrose’s police cruiser. The drunk driver, the police officer, and the driver from the original car accident all died.

Onondaga County Sheriff Deputy Glenn Searles was killed on November 23, 2003 when he was assisting a stranded driver on Interstate 481. A minivan lost control on icy roads and slammed into the back of Searles’ vehicle, where the officer was getting safety flares from his trunk.

New York Worker Denied Compensation After Fall Injury

blog@www.lsinjurylaw.com (News Author)20073 — Tue, 18 Jan 2011 08:00:00 EST

A man who is recently retired from the Coxsackie Correctional Facility in Catskill, New York, has been denied workers’ compensation benefits by an appellate court, which ruled that since the man voluntarily retired from his job he was therefore not eligible for post-retirement injury benefits.

The workers’ compensation court case involved corrections lieutenant Donald Balint, who was seriously injured at work when a chair he was sitting in collapsed. Balint continued to work for over a year, but then decided to retire from his job because of his worker injury. However, while the court agreed that Balint did indeed suffer a permanent and significant injury when he was injured at work, they also believed that his voluntary retirement from his job meant that he did not qualify for injury benefits.

Furthermore, the court found that they could not verify that his disability caused his retirement or that his disability caused him to take a lower-paying job four months after retirement.

Balint’s New York workers’ compensation attorney argued that the judge’s decision went against a very recent past decision involving a similar NY workers’ comp case. In that case, Rocio Zamora was injured at her place of work in 2003 when a computer monitor fell on top of her. After it was confirmed that she suffered a permanent partial disability from the work injury, and after she began receiving workers’ comp, she left her company in 2007.

When Zamora tried two new jobs, she discovered that her disability prevented her from successfully working. The appellate court found that woman’s former employer could not prove that Zamora’s search for a new job was inadequate, and that she should continue to receive injury benefits.

New York Court Dismisses Personal Injury Case Involving Golf Buddies

blog@www.lsinjurylaw.com (News Author)20072 — Mon, 17 Jan 2011 08:00:00 EST

The New York Court of Appeals has dismissed a personal injury case involving a golf accident that took place in the fall of 2002. According to the court ruling, golf is a recreational sport that comes with assumed risks, and the injured golfer was a victim of his choice to play a somewhat dangerous sport, not a personal injury victim.

The golf injury and accident took place in October 2002, when doctor Anoop Kapoor and doctor Azad Anand were playing nine holes of golf on a course on Long Island, New York. Allegedly, Kapoor hit a bad shot and struck his friend and colleague Anand in the head with a golf ball. Anand was blinded in one eye by the accident.

Anand’s NY personal injury lawyer argued in court that Kapoor was negligent by not yelling “Fore!” to warn his golfing partner of the incoming ball. The judge disagreed, saying that the eye injury was simply part of the assumed risk of playing a sport that involves high-speed hard balls and metal clubs.

Personal injury lawsuits involving the game of golf are nothing new, according to an article that appeared in the New York Times regarding this most recent injury lawsuit. For decades, the sport has been a common backdrop for golf cart accident and injury cases as well as slip and fall cases and premises liability cases. In response, many golf courses and golf clubs have made moves to make their properties safer – for example, by choosing better designs for their courses that cut down on golfer’s hitting balls toward others.

Match.com Class Action Lawsuit: Deceptive Practices To Get Renewals?

blog@www.lsinjurylaw.com (News Author)20068 — Thu, 13 Jan 2011 08:00:00 EST

Five individuals have filed a class action lawsuit against the popular online dating website Match.com this month. In the lawsuit, the former customers claim that the web-based personals company uses a number of deceptive practices, including:

•    Falsely representing that their website has millions of active single users looking for love – when in fact a large percentage of profiles belong to inactive users and scammers.
•    Falsely claiming that their employees vet profiles before they appear on the site in order to prevent scammers and fake users from posting on the site.
•    Misrepresents the gender ratio on the site by counting fake female profiles as real and active users – in reality, the site has significantly more male participants.

Perhaps the most troubling practice that Match.com is accused of in the class action consumer fraud lawsuit has to do possible deceptive practices regarding membership renewals. According to one former customer, the online dating service may mislead their members into believing that they have new contact with a single right before their membership expires. In the days before their membership ends, some say, they receive a “wink” from another profile – a sign that someone is interesting in establishing a conversation or relationship. This wink convinces many members to pay for a continuing membership and explore this new possibility; however, when the user responds to the “wink,” they often find that it is from an inactive users or a user who no longer exists.

Those who are involved in the Match.com deceptive practices class action lawsuit are asking for compensation for membership fees paid and other damages.

Does Match.com Use Fake Profiles?

blog@www.lsinjurylaw.com (News Author)19977 — Thu, 06 Jan 2011 08:00:00 EST

Lawsuit Claims Match.com Uses Fake Profiles

Medical Mistake Leave Brooklyn Woman A Double Amputee

blog@www.lsinjurylaw.com (News Author)19820 — Fri, 31 Dec 2010 08:00:00 EST

A Brooklyn mother is suing a hospital for medical malpractice after an outpatient procedure led to blood poisoning and the double amputation of both of her legs. The medical error has completely changed her life: she can no longer work, she is struggling to raise her young daughter, and she is now facing a divorce.

The woman, Stacey Galette, says that she visited Winthrop University Hospital in Mineola, New York, in 2009 for a minor gynecological procedure that should have been simple. Instead, Galette suffered from blood poisoning, perhaps caused by a perforation in her intestine during the medical procedure. The infection led to gangrene, which spread up her body and resulted in an emergency amputation of both of her legs above her knees.

Galette, who used to be medical technician, says that she has been extremely angry and depressed since the New York medical mistake drastically changed her life. She is no longer able to make a living and support her family. She is no longer able to run or play with her daughter – or to get around anywhere easily. In addition, the stress of the medical emergency and disability has brought an end to her marriage. For the rest of her life, she will be either confined to a wheelchair or to two prosthetic legs. She will also need ongoing assistance and medical care.

A spokesperson for the hospital has told reporters that they do not comment on cases in which medical malpractice litigation is pending.

New York Inspectors: Ski Lift Accident On Our Slopes Is Unlikely

blog@www.lsinjurylaw.com (News Author)19855 — Thu, 30 Dec 2010 08:00:00 EST

On Tuesday, eight people were seriously injured at Sugarloaf Ski Resort after strong winds caused a double chairlift to derail and fall an estimated 30 feet. The ski lift in question was on schedule to be replaced because of its weaknesses against serious weather conditions, and an initial investigation into the injuries and accidents has revealed that strong wind was likely the cause of the collapse.

Now, New York safety officials are concerned that a similar accident could take place at one of New York State’s sixty-seven ski areas. However, a spokesperson from the New York Labor Department reassured ski enthusiasts across the state that a number of different safety measures were in place to ensure that skiers are safe on ski lifts.

Ski lifts in New York are regularly inspected by a number of different organizations and companies, and one ski slope managers explained that so many safety measures are in place that an accident like the one that occurred in Sugarloaf was not likely in New York. First, ski resort managers ride the lifts each morning in order to look for problems and make certain that the operation is ready for skiers. Next, the liability insurance provider for the mountain also sends its own inspectors to the lifts regularly in order to protect their own interests. In addition, the chair lift manufacturer and maintenance provider also visits the mountains regularly to maintain and inspect their equipment.

In addition, the NY Labor Department sends out 12 inspectors to all 67 ski resorts each season – both before the ski season begins and throughout the winter. During those inspections, chair lifts, chair cables, and “all moving parts” are inspected and written up if there is an issue.

Also, the manager at Gore Mountain in New York said that the resort will be closed at any signs of dangerous weather – the ski lifts were closed on Monday, for example, because of high winds.

Queens Woman Sues Lawyer After Unsuccessful Medical Malpractice Case

blog@www.lsinjurylaw.com (News Author)19819 — Thu, 30 Dec 2010 08:00:00 EST

A New York widow who lost her husband to cancer after he received a tainted kidney during a transplant lost her medical malpractice lawsuit – and is now suing the NYC medical malpractice lawyer who she said bungled the case.

The woman, Kimberly Liew of Queens, said that she would have won her medical malpractice case against NYU Medical Center if not for the poor job that her med mal attorney did.

In September 2002, Kimberly’s husband, 37-year-old Vincent Liew died of uterine cancer after he contracted it from a diseased kidney after an organ transplant. The kidney came from a woman who died of a stroke, but who also had uterine cancer. Liew argued during her medical malpractice case that the doctor of Liew’s husband, Dr. Thomas Diflo, should have immediately surgically removed the diseased kidney from Liew as soon as he knew that it could be cancerous.

Liew said that she also wanted to sue the New York Organ Donor Network and St. Luke's Cornwall Hospital for wrongful death, but that her attorneys did not agree. She was seeking $3 million in damages in the medical malpractice case.

After an autopsy revealed that the donor had cancer, the Donor Network said that they notified everyone involved. But Diflo says that he was not aware of the situation for months after the cancer was discovered.

Two other people have died from cancerous organs donated by Sandy Cabrera – the recipients of a kidney and a heart.

NYFD Wants To Charge Injured Drivers "Crash Tax"

blog@www.lsinjurylaw.com (News Author)19821 — Wed, 29 Dec 2010 08:00:00 EST

Facing a serious budget crisis, New York City has proposed to instate a so-called “crash tax” that would bill drivers who are involved in car accidents that needs the assistance of the New York City Fire Department. The crash tax would raise an estimated $1.5 million a year, which would help the city escape some of its more serious money issues. However, many say that the tax is unfair and goes against what the fire department stands for: helping people in need.

Those that support the crash tax, such as New York City Mayor Michael Bloomberg, say that many other cities and states already charge the tax, and that most insurance companies cover the fees. In addition, the responsible party would be responsible for the bill, and if you receive a bill for a fire department response that you were not at fault for, you can forward it to the person who was at fault for the accident.

A spokesperson for the New York Fire Department explained that crashes with fire department response would cost $365 for accidents that don’t involve injuries. An accident that does involve an injury and a car fire would cost $490, while car fires without injuries would cost $415.

City officials say that they do not have to make a new law to enact the crash tax policy, but that they will have a public hearing regarding the charge on January 14. In addition, the new policy would have to go through the regular process of other rules that are passed in New York City.

New York Truck Driver Guilty In 2008 Fatal Accident On I-295

blog@www.lsinjurylaw.com (News Author)19818 — Wed, 29 Dec 2010 08:00:00 EST

A New York truck driver has been convicted of three counts of vehicular manslaughter by a judge who said that although they cannot prove that the man was under the influence of drugs at the time of the fatal truck accident, they could certainly prove that the trucker acted recklessly and was ultimately responsible for the accident.

On September 11, 2008, 42-year-old Sheraz Khan of New York was driving a tractor-trailer loaded with heavy machinery on Interstate 295 north. The big rig suddenly drifted across traffic, drove across the median and struck a small car and a box truck. The truck accident instantly killed two people inside the box truck, 44-year-old Juma Rajab and 44-year-old Renee Lesenko, as well as the driver of the VW Beetle, 66-year-old Lawrence Wright.

Witnesses to the truck accident said that they believe that the trucker had fallen asleep at the wheel based on the way the truck drifted off of the road. Police who interviewed Khan immediately after the truck accident said that he did not seem to have an elevated pulse or to have reacted to the crash – and that he seemed to drift off to sleep while talking. They later found that Khan had falsified his trucker log and that he did not have the correct medical credentials. In addition, the trucker tested positive for marijuana and illegal steroids in the hours after the crash.

When the crash occurred, the trucker asked police to go back to his cab to get a bottle of water. Police didn’t find water, but did find a bottle of illegal steroids, marijuana, and marijuana pipes.

Brooklyn Family Sues After EMT Ignored Asthma Attack

blog@www.lsinjurylaw.com (News Author)19208 — Tue, 30 Nov 2010 08:00:00 EST

A Brooklyn family is suing the City of New York for wrongful death after their pregnant daughter died of an asthma attack in a local bakery. While the woman struggled for breath, two off-duty EMTs who were eating lunch at the shop did not administer help. Her family says that the two trained emergency responders should have done more to save the young woman’s life.

According to AOL News, 25-year-old Eutisha Rennix was in an Au Bon Pain bakery in downtown Brooklyn when she suffered a medical emergency. Also at the bakery was a couple, off-duty EMTs 32-year-old Jason Green and 23-year-old Melissa Jackson, who were on their lunch break. When the emergency occurred, Jackson called a dispatcher but did not administer aid. The woman died a few hours later of the attack, along with her prematurely born baby.

While Green was killed in a nightclub shooting in the months after the incident took place, Jackson will stand trial for wrongful death. Rennix’s lawyer will argue that the EMTs had a duty to help save the woman and that all EMTs should lawfully be required to administer help when they are at the scene of an emergency. Jackson’s lawyer will argue that Jackson did indeed help by calling a nearby dispatcher and sending for an ambulance that contained the tools and medicines needed to save the woman.

Jackson faces up to two years in prison for official misconduct.

Man Wins $2.6 Million Injury Lawsuit After Manhattan Railroad Accident

blog@www.lsinjurylaw.com (News Author)19207 — Tue, 30 Nov 2010 08:00:00 EST

A New York railroad worker has been awarded $2.6 million by a Manhattan jury that decided that the man’s serious injuries could have been prevented if not for the negligence of his employer, Metro-North.

The worker suffered permanent nerve damages and several other debilitating injuries after he was electrocuted during his job by approximately 7,500 volts. The workers’ injury attorney argued in court that the man should have been protected by several safety precautions that were not provided by his employer. The accident took place in March 2009.

The on-the-job accident took place during maintenance work on the train tracks for Metro-North near Beacon and involved 42-year-old New York resident Jeromie Anderson. Because of the injuries he sustained in the accident, it was explained to the federal jury, Anderson would never be able to work in his industry or as a trackman ever again. Metro-North said that there were no jobs available for Anderson outside of his expertise but within their company.

While Metro-North agreed that they were indeed negligent, and that their negligence led to Anderson’s injuries, they argued that Anderson did not suffer from the severe injuries that he claimed. They have appealed the court’s decision.

Anderson was awarded $2,638,893 in the worker injury lawsuit. Anderson was deeply grateful for the verdict and told jurors through his injury attorney that he would use the compensation to try to restore and rebuild his shattered life.

NYC Judge: Toddler Can Be Sued For Manhattan Tricycle Accident

blog@www.lsinjurylaw.com (News Author)19206 — Mon, 29 Nov 2010 08:00:00 EST

A New York Supreme Court Judge has ruled that two four-year-old children can indeed be liable for causing serious injury to an elderly woman in Manhattan in the spring on 2009. The children, along with their mothers, are involved in a personal injury lawsuit regarding negligence after the children struck a woman with their tricycles on a NYC sidewalk.

According to the lawsuit and the Associated Press, now-five-year-olds Juliet Breitman and Jacob Kohn were racing their tricycles on East 52nd Street while being watched by their mothers, Juliet Breitman and Jacob Kohn. The children collided with 87-year-old Claire Menagh, who suffered serious injuries, including a hip fracture that required significant medical attention. Menagh died of unrelated causes three months later, but her estate is carrying on the personal injury case.

While one injury attorney argued that the young children were too young to be liable for the accident and that the child was not engaged in an adult activity, the judge decided that even four-year-old children should understand the danger of racing their bike into a person. The judge added that the presence of the child’s mother did not mean that the child could act however she wanted.

Historically, persons under the age of four have been considered incapable of negligence because of their young age. But Menagh’s lawyer argued that Breitman was three months shy of being five years old at the time of the bike accident and should have known better.

New York Woman Sues Psychiatrist For Pain And Suffering

blog@www.lsinjurylaw.com (News Author)19204 — Mon, 29 Nov 2010 08:00:00 EST

A former model has successfully sued a prominent Manhattan psychiatrist for $650,000 for medical malpractice. During the jury trial, the woman said that her doctor took advantage of her delicate mental state to set her up with his other patients, listen to tales of her sexual romps with them, and even get her to solicit money for his pet charity projects.

According to the Associated Press and the New York Post, Finele Carpenter, the famed Jordasche jeans model from the late seventies, began to see 68-year-old Allan Collins for regular therapy sessions in 2000. The woman was going through a tough divorce and working through the mental anguish of years of sexual abuse and a rape in her 20s.

Over the next five years, Collins, who is a famed psychiatrist at Lenox Hill Hospital and who is often listed among New York’s best doctors, set up Carpenter with a number of his patients and would urge her to tell him about her sexual experiences with these men. He would also talk to the male patients about their experiences with her in bed in an inappropriate manner. Many of these patients were unhappily married at the time that Collins recommended them to Carpenter.

Collins denied that any of his therapy sessions or behavior was inappropriate, but the jury disagreed that he had acted in an unethical manner. They awarded the former model with $650,000: $250,000 for the cost of her therapy session over the last five years and $400,00 for emotional pain and suffering.

Former NY Yankee Jim Leyritz Faces DUI Manslaughter Charges

blog@www.lsinjurylaw.com (News Author)18742 — Fri, 05 Nov 2010 08:00:00 EST

After settling a wrongful death lawsuit with the victim’s family earlier this year, former New York Yankee Jim Leyritz is now on trial for DUI manslaughter following a deadly car accident in 2007.

According to court records, 46-year-old Leyritz was driving home after dropping off a friend at around three in the morning when he allegedly ran a red light and slammed into the car of 30-year-old mother Freida Veitch. Veitch died of her car accident injuries.

After the accident, police found that Leyritz had a blood alcohol content of 0.14, almost twice the legal limit. In addition, two witnesses said that the embattled former ball player ran the red light at the intersection immediately before the fatal collision. Finally, he failed several sobriety tests after the crash.

Jurors will probably not hear that Veitch was also drunk at the time of the accident and had a blood alcohol level of 0.18. In addition, Veitch may have been talking on her cell phone and was not wearing her seat belt. One witness believes that Veitch did not have her headlights on at the time of the crash.

In court, Leyritz’s car accident attorneys plan on arguing that the light was yellow at the time of the accident.

Leyritz has been in the news several times after retiring from the Yankees after winning two World Series. One incident involved alcohol and bail violations, while the other involved an attempted suicide.

Brooklyn Man Falls On Subway Tracks, Electrocuted By Third Rail

blog@www.lsinjurylaw.com (News Author)18522 — Fri, 29 Oct 2010 08:00:00 EST

A fall at a Brooklyn subway station that left one man with serious burns should once again remind New Yorkers of the deadly third rail of the tracks.

On September 8, a drunken argument began on a Brooklyn train headed for the Broadway Junction subway station. When the train arrived, the fight continued on the subway platform, where a crowd gathered to watch. One of the men, 44-year-old Andy Morris, took a few drunken swings at another man before an onlooker shoved him and caused him to fall onto the tracks.

While several people at the scene of the slip and fall accident jumped onto the tracks to help the man, they soon realized that they were in danger of being electrocuted. They exited the area and called 911 for help – but not before Morris touched the third rail and was electrocuted. Emergency responders got the power at the subway station turned off before climbing down to assist the injured man. He was rushed to a Staten Island hospital for immediate treatment for both his burns and his fall.

The man survived, but has serious burns on his hands that could prevent him from returning to work in the construction industry. Currently, Morris is unemployed and homeless. Morris says that he doesn’t remember any aspect of the night he was injured.

Brooklyn Police have launched an investigation into the third rail injury incident.

NY Worker Saved From Fall By Safety Harness

blog@www.lsinjurylaw.com (News Author)18521 — Thu, 28 Oct 2010 08:00:00 EST

A construction worker was saved from serious injury and possibly death when a safety harness caught him during a fall from a building.

According to the college newspaper Pipe Dream, a worker in his twenties was doing roofing work at Binghamton University in Vestal, New York, when he slipped and fell. Luckily, his safety equipment was in place and functioning properly, breaking his fall and preventing serious injury. He was taken from the roof by emergency response workers in a stair chair and then transported by ambulance to the Binghamton General Hospital for evaluation. He was release after treatment later that day.

Contractor LeChase of Rochester and subcontractor Apple Roofing of Syracuse both said that safety is very important and that they were pleased that the harness was in place and used correctly. Work on the new constructions, Newing Residential Community buildings, did not stop on the day of the fall. It is unclear if the worker who fell has returned to work yet or if he suffered any long-term injuries that would prevent him to returning to his job. The name of the worker was not released to the public.

In June, six employees of Apple Roofing were injured at a nearby Binghamton University building when scaffolding collapsed. The Occupational Safety and Hazard Association (OSHA) is still investigating the cause of that construction worker accident.

About 30,000 construction worker slip and fall injuries occur every year in the United States.

Family Files Wrongful Death Lawsuit Against NYPD After Car Accident

blog@www.lsinjurylaw.com (News Author)18520 — Wed, 27 Oct 2010 08:00:00 EST

A Brooklyn family is filing a wrongful death lawsuit against New York City and the New York City Police Department after a woman was struck and killed by an off-duty officer who was drinking and driving last year.

On September 27, 2009, 32-year-old Vionique Valnord-Kassime was hailing a taxi in Brooklyn after leaving a wedding reception when she was fatally hit by an SUV driven by 31-year-old Andrew Kelly, a New York police officer. The car accident, which occurred at one in the morning, was complicated by the fact that Kelly refused to take a blood alcohol fact – while fellow officers may have helped him avoid a DUI charge. When he finally submitted to a test, he had no alcohol in his system.

A year later, Kelly was found guilty of second-degree vehicular manslaughter and sentenced to 90 days in jail and 5 years on probation. In addition, he resigned from his position at the NYPD after eight years of service. As part of his guilty plea, Kelly admitted that he had been drinking before getting behind the wheel on the night of the pedestrian accident. He will also lose his drivers’ license for a year and have a ignition lock installed in his car after he regains his right to drive.

While the Valnord family says that they forgive Kelly, and that they are glad he has admitted his guilt in the deadly car accident, they are moving ahead with a wrongful death civil suit against the city and the police department.

$131 Million Defective Seatbelt Lawsuit Won For Family Of NY Mets Play

blog@www.lsinjurylaw.com (News Author)18519 — Tue, 26 Oct 2010 08:00:00 EST

Ford Motor Company has settled a $131 million defective car part lawsuit with the family of a young man that was killed in a car accident in 2002. During the wrongful death lawsuit, the family argued that their son’s seatbelt was defective and that he would have survived the SUV accident if his safety belt didn’t malfunction during the rollover.

In 2002, a New York Mets minor league outfielder, 22-year-old Brian Cole, was driving a Ford Explorer SUV with his cousin when he lost control of his vehicle and rolled the car. Cole was killed in the SUV rollover accident, while his cousin was seriously injured. Evidence on Cole’s body suggested he was wearing a seatbelt at the time of the crash, but that the belt failed to keep him strapped in. The accident occurred during the Met’s spring training, and the investigation found that Cole was traveling at approximately 80 miles per hour.

This is certainly not the first lawsuit that Ford has settled concerning defective seat belts, personal injury, and wrongful death in New York. In fact, for has also lost personal injury cases related to the rollover danger of their popular Explorer model. In this case, Ford settled with Cole’s family for $131 million in damages, including loss of future wages, while Cole’s cousin received $1.5 million. The settlement came after a jury found Ford responsible but before the judge decided on punitive damages.

The New York Mets said that they had planned to move Cole to the major leagues in the weeks before his fatal car accident.

Six Dead In Bronx Church Van Rollover Accident In Upstate New York

blog@www.lsinjurylaw.com (News Author)18518 — Mon, 25 Oct 2010 08:00:00 EST

Six people from a small Bronx church were pronounced dead on the scene in a horrific 15-passenger van accident on the New York State Thruway on September 17. Among the van crash victims were the pastor of the church, Simon White, and his wife, Zelda.

According to survivors, members of the Joy Fellowship Christian Assemblies church of Eastchester were driving to Schenectady to celebrate the anniversary of another church. Fourteen church members, mostly Jamacian immigrants were riding in the 1997 Ford passenger van when one of the rear tires blew, causing the van to lose control and then roll several times. A number of passengers were thrown from the van, while the group’s belongings were strewn across the highway just after exit 16 on the Thruway. Many of the emergency responders were shocked and saddened at the scene.

Four of the eight injured van passengers were flown by helicopter to nearby hospitals while the other four were rushed by ambulance to Good Samaritan Hospital in Suffern, New York. Half were listed in critical condition, while the other half were listed in stable condition. The others killed in the van accident were Associate Pastor Titus McGhie, Avril Murray, Evelyn Ferguston, and Elaine Reid. The 60 members of the small church gathered on the day of the van crash in the Bronx to mourn, support each other, and hear news about survivors.

Fifteen passenger vans have long been known to be prone to deadly rollover crashes, especially in association with a tire blowout.

Brooklyn Mother Files Wrongful Death Lawsuit After Daughter's Death

blog@www.lsinjurylaw.com (News Author)17786 — Thu, 23 Sep 2010 08:00:00 EST

A Brooklyn police officer has been suspended after he allegedly refused to help a young girl dying of an asthma attack. At the same time, the mother of the girl is planning on filing a wrongful death lawsuit regarding the matter.

Carmen Ojeda was rushing her daughter, 11-year-old Briana Ojeda, to the emergency room during an asthma attack when she turned the wrong way down a one-way street and struck a car. A police officer, Alfonso Mendez, detained the two at the scene of the accident and refused to give the girl CPR. Finally, he escorted the pair to the Long Island College Hospital, where the girl was pronounced dead. Mendez, who was trained in CPR when he became a cop five years ago, did not report the incident in his police log and had to be picked out of a lineup by witnesses after a weeklong search.

Mendez said that someone was already doing CPR when he arrived at the Carroll Gardens accident scene and that there was an oxygen mask present. It is not clear why he did not report the incident or why he didn’t come forward when police began looking for the officer involved in the matter. Carmen Ojeda believes that the officer’s behavior wasted precious time that could have saved her daughter’s life.

Briana Ojeda was buried this week, with a crowd of mourners wearing white at her mother’s request attending the funeral.

Two Families Settle Wrongful Death Lawsuits After NY Plane Crash

blog@www.lsinjurylaw.com (News Author)17785 — Wed, 22 Sep 2010 08:00:00 EST

The families of two New York plane accident victims have settled their wrongful death lawsuits privately with the airliner responsible for the February 2009 airplane crash that killed 50 people.

The families of John G. Roberts III and Darren Tolsma are just two of dozens of people who are suing the airline and the airplane manufacturer in the wake of the deadly plane crash that occurred outside of Buffalo, New York. While these two families have taken a settlement, others are holding out for a better settlement or their day in court.

The plane accident took place on a snowy day during a commute between Newark and Buffalo, New York – Colgan Air Flight 3407. In the investigation that followed the accident, officials agreed that the pilot made several deadly errors and that fatigue and poor work conditions likely played a part in the crash.

The aircraft was piloted by 47-year-old Marvin Renslow and copiloted by 24-year-old Rebecca Shaw – both of whom commuted to their airport from other cities and both of whom where paid a shockingly low wage. In 2008, Shaw made just $16,000. During the flight, ice built up on the wings and landing gear, causing some concern for the pilots. During the de-icing process, the plane lost significant speed and stalled. The pilot did not do either of the correct actions at this time: he neither pointed the nose of the plane down or increased the speed of the plane as much as possible.

The plane crashed into a residential home, killing one person inside.

Toyota Could Face A Second Big Recall Involving Stalling Engines

blog@www.lsinjurylaw.com (News Author)17784 — Tue, 21 Sep 2010 08:00:00 EST

Just months after facing its largest recall in history, car giant Toyota could be facing another recall issue, this time involving engine problems in several years of their Corolla model.

According tot he National Highway Traffic Safety Administration (NHTSA), an estimated 1.1 million Corollas manufactured between 2005 and 2007 could suffer from a significant engine defect that leads to stalling while driving.

The NHTSA says that they have received over 1,100 reports from customers saying that their Toyota engine has stalled while they were driving without warning and apparently without reason. Although no deaths or injuries have been reported because of this stalling issue, both the mammoth car company and traffic safety officials worry that so many defective cars are on the road. While federal traffic safety authorities have not yet issued a recall on the Toyotas containing defective engines, they have launched an investigation into the problem. In the meantime, Toyota may engage in its own voluntary recall of the affected vechiles.

Earlier this year, Toyota recalled 2.3 million vehicles that suffered from accelerator issues after a number of accident took place when cars suddenly accelerated out of the driver’s control. Shortly before that, Toyota recalled a number of other cars after drivers struggled with defective floor mats that could become jammed near the accelerator. This recall occurred only after several fatal accidents were reported involving the dangerous floor mats.

Millions Of Eggs Recalled After Salmonella Outbreak

blog@www.lsinjurylaw.com (News Author)17751 — Mon, 20 Sep 2010 08:00:00 EST

A total of 380 million eggs have been recalled after an outbreak of salmonella food poisoning across much of the country. While hospitals can expect about 50 cases of salmonella each week, the recent sale of tainted eggs have increased those numbers to 200 cases. In addition, food safety experts say that large numbers of people who are struck down with food borne illnesses don’t visit the hospital and that thousands of people have likely been affected by the bad eggs.

The eggs were from a company called Wright County Egg located in Galt, Iowa. The egg producers have long been targeted by food regulators, who sited the owner, Jack DeCoster, for a number of issues, including poor work conditions, use of illegal immigrants, worker harassment, unsafe work environment, and environmental issues.

The eggs – which were produced in five different plants – were sold in a number of states across the country including New York under a number of different brand names: Lucerne, Albertson, Mountain Dairy, Ralph’s, Boomsma’s, Sunshine, Hillandale, Trafficanda, Farm Fresh, Shoreland, Lund, Dutch Farms, Kemps, James Farms, Glenview and Pacific Coast.

Salmonella in eggs has been an issue for consumers for several decades – but this most recent recall is the largest that the country has seen in years. Unfortunately, new federal regulations that are expected to significantly curb the appearance of salmonella in our stores and restaurants has not yet gone into effect.

Salmonella can cause vomiting, fever, stomach pains, nausea, and other digestive issues. While no deaths have been reported regarding the most recent tainted egg recall, the very young, the very old, and the sick could suffer serious consequences from contracting the food-borne illness.

Ambassador's Daughter Killed In Fall From NYC High Rise

blog@www.lsinjurylaw.com (News Author)17730 — Sat, 18 Sep 2010 08:00:00 EST

The teenaged daughter of the United States Ambassador to Thailand was killed in a fall accident from a New York City high rise last week.

According to the New York Times, 17-year-old Nicole John was killed in a 22-story fall near the Avenue of the America, apparently during a late-night party. The girl had just recently moved to Manhattan to attend Parsons The New School For Design in Union Square – in fact, her father, Eric John, had dropped her off in the city just weeks before to attend the school.

Before moving into the dorms at Parsons, Nicole had lived in Bangkok where her father represented the United States in Thailand. The girl’s body was found on the third floor landing of Herald Towers. NYC Police say that she had been at a nightclub in the meatpacking district before going to an after party at the home of 25-year-old Ilan Nassimi. Police have charged Nassimi for unlawfully dealing with a child. While Nassami had alcohol in his apartment, it is unclear if John was drinking at the apartment on the night of the accident. She used a fake ID to drink alcohol at the club earlier in the evening.

Witnesses say that John had taken off her shoes and climbed into an open window on the night of the party, though no one is sure of how the girl fell. Some think she was taking a picture, since a camera was found with the body, but others think she might have believed she was stepping onto a terrace outside.

Hospital Appeals $56 Million White Plains Birth Injury Court Decision

blog@www.lsinjurylaw.com (News Author)16744 — Thu, 12 Aug 2010 08:00:00 EST

Northern Westchester Hospital has filed an appeal regarding a 2006 New York birth injury medical malpractice decision. The hospital was asked to pay $56 million in damages because of their negligent delivery of a baby boy in 2003 that lead to permanent injury and lifelong disability.

The White Plains birth injury lawsuit was originally filed in April 2006, by parents Bruce and Mary Swanson against Women's Medical Associates and Dr. Carla Eng-Kohn. The Swansons put forth that the hospital staff and doctor were negligent in the birth and delivery of their son. During the birth, the hospital medical staff discovered that they boy had shoulder dystocia and was trapped in the birth canal. By the time the baby was finally delivered, he had suffered permanent birth injuries, including brain stem damage, facial bruising, arm bruising, nerve damage, and internal bleeding. The Swansons believe that the hospital staff did not respond to the shoulder dystocia in a timely manner and that a more reasonable response to the complication would have prevented the harm to their newborn.

The injuries the baby sustained during the birth process have caused developmental delays, speech issues, and aspiration pneumonitis. Last year, a White Plains jury listened to the facts of the NY medical malpractice case and awarded the Swansons $56 million in damages.

Northern Westchester Hospital released a statement regarding the White Plains medical malpractice appeal, saying that their sympathies go out to the Swanson family, but they believe that their hospital staff performed appropriately and that there is not significant evidence otherwise.

OSHA Releases New Crane Regulations After NYC Construction Accidents

blog@www.lsinjurylaw.com (News Author)16742 — Wed, 11 Aug 2010 08:00:00 EST

The Occupational Safety and Health Administration (OSHA) is making its first changes to crane safety regulations in four decades – the first changes ever made to federal crane and derrick rules. The tighter restrictions were decided upon in the wake of two high-profile fatal crane accidents that occurred in Manhattan, New York, in 2008.

The new regulations will require that crane operators be certified, though current crane operators will have four years to earn their certificate. At the same time, those working in the area surround the crane, such as riggers, must be qualified for the job. Other regulations include an inspection for the crane before it is erected, greater responsibility for the general contractor, who is expected to control ground safety, and stricter rules about electrical hazards.

While the rules will affect an estimated 267,000 construction companies and millions of workers, even crane companies and operators agree that it was time for tighter regulations and stricter rules – as long as everyone is made aware of the changes and has time to implement them.

The OSHA believes that these new regulation will cut the crane death rate by twenty percent – from about 100 workers each year to about 80 workers each year. In addition, according to assistant secretary of labor David Michaels, the new measures will save about $55 million in costs per annum. The new rules hope to reduce crane collapses, electrocution accidents, crushing accidents, and toppling accidents.

In March 2008, a crane collapsed near Second Ave. and 50th St. in New York City, killing workers and bystanders. Months later, another fatal crane accident rocked Manhattan, drawing national attention to crane accidents and construction safety.

Truck Hits Comedian Russell Brand's Sports Car In Manhattan

blog@www.lsinjurylaw.com (News Author)16740 — Fri, 06 Aug 2010 08:00:00 EST

Actor and comedian 35-year-old Russell Brand was injured in a truck accident in Manhattan yesterday when a big rig allegedly struck the star from behind in a NYC rear-end accident.

Brand, who has recently starred in comedy films like “Get Him To The Greek” and “Arthur,” was driving a $238,000 luxury Lamborghini sports car at the time of the New York truck accident. Friends report that he was borrowing the car from a local dealership and did not own it. The car took an estimated $12,000 worth of damage in the 18-wheeler accident.

Brand suffered an arm injury as well as cuts and severe bruises in the truck crash. He was not able to exit the car on the passenger side, where he was located, but managed to crawl out of the driver’s side door. He was hurt and shaken by the crash, though he initially refused medical care and a trip to the emergency room. Sources say that his mother has flown in from England to care for her son, who a friend reported as “terrified,” even though the actor played down the truck accident on his Twitter page, saying that he had barely spilled his coffee.

Unfortunately, rear-end truck accidents and t-bone truck accidents are common in Manhattan, where clogged traffic, busy streets, and confusing intersections cause collisions each day. Especially when large, heavy trucks are involved, even New York City traffic accidents at slow speeds can produce significant property damage, serious injuries, and even death.

Autistic Queens Man Dies In Car Under Care Of Assisted Living Facility

blog@www.lsinjurylaw.com (News Author)16739 — Thu, 05 Aug 2010 08:00:00 EST

A 20-year-old autistic man has died after being left locked in a car for five hours on one of the hottest days of the year. The man, Brian Nevins of New York was living in an adult care facilities due to his disabilities and was under the care of the facility staff at the time of the fatal accident. As the details of the deadly accident unfold, many wonder if the company, Woods Services, will face a wrongful death lawsuit because of their negligent care of the young man.

Police say that Nevins, whose parents live in Oceanside, New York, probably died within 90 minutes of being locked in the van, as temperatures inside the vehicle probably quickly rose to 130 degrees. The cause of death is expected to be ruled as accidental hyperthermia. A counselor who was driving Nevins along with four other residents from a trip to Sesame Place on Saturday dropped off everyone but Nevins, who was forgotten in the car. Nevins was reported missing when a nurse found him missing from his room when it was time for his medication.

Nevins’ parents removed the young man’s twin, who also suffers from autism, from the facility on Saturday night. They said that their son was not verbal and that it was not clear if the car was locked from the inside.

The counselor responsible for the accident had received 40 hours of training and had a background check completed before he began work at Woods Services. The facility can house up to 700 residents, all of which suffer from behavioral problems and mental health issues. In 2009, a man eloped from the facility and fell or jumped from a nearby overpass to his death, but the care facilities was not found negligent in that case.

A Year After NY Wrong Way Crash, Family Files Wrongful Death Lawsuit

blog@www.lsinjurylaw.com (News Author)16738 — Wed, 04 Aug 2010 08:00:00 EST

This week, the eight victims of a New York wrong way interstate crash are being remembered in services throughout the state. Although the fatal car accident that took place on Taconic State Parkway last July is still shrouded in mystery, the three families torn apart in the tragic accident continue to mourn their losses.

The crash took place on July 26, 2009, in the early afternoon in Westchester County. Minivan driver Diane Schuler was carrying five children in her vehicle when she slammed into an oncoming SUV head-on. Four children and Schuler were killed in the tragic car accident while all three people in the SUV were also killed.

An investigation revealed that Schuler was under the influence of drugs and alcohol at the time of the fatal NY car accident and that her blood alcohol level was twice the legal limit. A broken vodka bottle was found at the scene of the crash. However, Shuler’s husband adamantly denies that his wife drank or did drugs and that she must have suffered from a medical emergency, such as a heart attack, stroke, or diabetic attack. In recent months, the husband has admitted that his wife sometimes smoked marijuana and that the couple had been drinking during their camping trip that weekend.

The family of two of the men killed in the SUV have filed a wrongful death lawsuit against Schuler’s husband, though the Schuler family has not responded to the charges. To date, no criminal charges have been filed as Schuler died in the NY car accident.

Long Island Village Bans Pit Bulls And Rottweillers Despite NY Dog Bit

blog@www.lsinjurylaw.com (News Author)15957 — Tue, 13 Jul 2010 08:00:00 EST

The small Long Island village of Rockville Centre has gone against New York state laws and banned pit bulls and Rottweillers, beginning on June 8. While all owners of the banned dog breeds can keep their pets, no new adoptions can be made, say government authorities. At the same time, those who do own the two newly illegal dogs must spay or neuter their pet, must get $100,000 in insurance coverage, and must leash and/or muzzle their dog when in public.

These new breed-specific dog laws did not come after a dog bite incident, dog attack, or aggressive dog report – though a village spokesperson claimed that there were incidents that led to the ban and that city officers wanted to address the issue before someone was harmed. Also, town officials admit that their new law is in conflict with a ten-year-old New York law that makes it unlawful to ban specific breeds of dogs from municipalities.

While the new breed-specific dog ban has only been in effect for several weeks, the Board of Trustees is already under pressure to reexamine the issue. Pressure from animal advocates, pet owners, and those familiar with New York laws has lead to a new hearing that will be held this week.

Dangerous dog bans are becoming more common around the country, especially after statistics showed that pit bulls and other select dog breeds are responsible for the majority of dog bite injuries and dog attack fatalities. However, some argue that the laws are unfair to dogs and pet lovers – and that bad owners create dangerous dogs, not genetics.

Falling Branch Kills Baby In NYC's Central Park Zoo

blog@www.lsinjurylaw.com (News Author)15955 — Mon, 12 Jul 2010 08:00:00 EST

The father of a six-month-old baby killed by a falling tree limb in New York’s Central Park Zoo is planning to file a wrongful death lawsuit against New York City.

Last weekend, Michael Ricciutti, his wife Karla, and his infant daughter Gianna were walking in Manhattan’s Central Park and stopped to take a picture when a large tree branch fell on mother and daughter. The baby was killed in the tree limb accident while Karla was rushed to the hospital with facial injuries and brain damage, where she still remains in critical but stable condition.

New York City authorities are trying to determine who was responsible for caring for the Central Park trees. Most of the over 25,000 trees in the giant park are the responsibility of the nonprofit group Central Park Conservatory, which has been deferring questions about their involvement in the matter to others. Some believe the care of the tree may have been the responsibility of the Wildlife Conservation Society, which runs the park’s zoo where the fatal tree limb accident took place, but that group, too, has not claimed responsibility. New York Mayor Michael Bloomberg believes that the incident was no more than a tragic accident, but two other serious and similar accidents involving tree branches has many wondering if this problem can’t be stopped or minimized.

Currently, the Central Park Conservatory spends over half a million dollars on tree maintenance each year.

New York City Toddler Loses Finger In Macy's Escalator Accident

blog@www.lsinjurylaw.com (News Author)15953 — Thu, 08 Jul 2010 08:00:00 EST

A four-year-old boy was maimed at Macy’s flagship store in Herald Square in New York City. Though doctors managed to reattach the toddler’s finger in an emergency surgery, they are not sure how much function the boy’s finger will now have.

The boy, Maxlee, was with his mother, Natalia Gell-Tejada, and his father on the escalator when he bent down to pick up a bottle of water that he had dropped. His finger became trapped in the old wooden escalator. His mother said that the boy was holding his father’s hand at the time of the accident.

While the finger was put on ice and transported with the boy to the hospital, surgeons were not able to fully reattach all of the necessary blood vessels and are not yet sure how successful the reattachment surgery was. The New York City Building Department issued Macy’s a violation and ordered the escalator to be turned off until further notice. Many believe the escalators in the building are old and unsafe – the wooden machines have been in operation since 1927.

There have been two other similar incidents on Macy’s escalators in the last five years – both involving children losing fingers while riding the machines.

Maxlee will remain in the hospital for a few more days under observation, while his mother says she will work to have the out-of-date escalators removed from the store. She has not yet filed a premises liability lawsuit and did not comment on the possibility.

New York Crane Accident Trial Continues For William Rapetti

blog@www.lsinjurylaw.com (News Author)15952 — Wed, 07 Jul 2010 08:00:00 EST

The manslaughter trial of the rigger many believe was responsible for the tragic crane accident in Manhattan in 2008 is underway this week, with a number of witnesses testifying about the day in March two years ago when the 200-foot-long crane crashed into the streets of New York City, killing seven people and seriously injuring two dozen others.

William Rapetti, owner of Rapetti Rigging Services, is on trial for a number of charges, including negligent homicide and falsifying documents. He has admitted to not checking the crane supports on before the crane accident, and prosecutors say that he ignored a number of federal building regulations. The crane fell as it was being raised. Rapetti’s defense is arguing that the majority of blame lies with New York City’s Buildings Department, which lied about inspecting the crane and which wasn’t even aware an illegally tall building was being constructed at the building site. Rapetti has pled not guilty to all charges.

One survivor of the New York crane accident, 33-year-old John Gallego, testified in court about his experience – he was sitting in his apartment on his couch when the crane fell on his building, leaving him trapped in the rubble. He was rescued four hours later, but had to undergo a number of leg surgeries and still walks with a cane. Gallego’s friend, Oldin Torres, who was visiting from another state, was killed in Gallego’s apartment when the crane fell.

Rapetti faces 15 years in jail if convicted.

NYC Judge Receives Grant To Improve Medical Malpractice Process

blog@www.lsinjurylaw.com (News Author)15951 — Tue, 06 Jul 2010 08:00:00 EST

An innovative New York City judge has received a $3 million grant from the federal government to implement a system that will help improve the New York medical malpractice court system for both doctors and injury victims.

According to the Associated Press, long-time judge Douglas McKeon will continue his new approach to NYC medical malpractice lawsuits, something he calls judge-directed negotiations. In this approach, injury victims and their families are given the opportunity to tell their story, while the judge educates himself on the medical procedures and information he needs to know to make a decision.

The judge, and the Obama administration, hopes that the new approach to medical error trials will help several different facets of the health care system. The hope is that judge-directed negotiations will encourage doctors and hospitals to admit when they’ve made a mistake, help emergency rooms cut back on expensive and unnecessary testing, known as defensive medicine, and help medical mistake victims get the compensation they deserve.

McKeon hears all of the medical malpractice cases in Manhattan and the Bronx and has taken medical courses and reads medical journals in order to keep up-to-date on technology and terminology. He believes he has saved hospitals $50 million in the last year, while also encouraging them not to hide medical errors from patients or to stubbornly insist that they didn’t make mistakes when they did. In fact five major hospitals have joined an early disclosure program that helps patients find out if they were victims of malpractice and helps parties come to fair and private settlements.

Fatal New York Car Crash Caused By Fatigued Driver

blog@www.lsinjurylaw.com (News Author)15800 — Wed, 30 Jun 2010 08:00:00 EST

New York State Police believe that a deadly head-on crash that took place last week was probably caused by fatigue or even by falling asleep at the wheel.

According to the Times-Union, a man who was driving from JFK International airport to Vermont crashed in Pittstown, New York, at approximately five in the morning. The driver was killed in the NY car accident along with the front seat passenger and two of the woman’s three children who were in the car.

NY Police say that 42-year-old Robin C. Martine was driving on Route 7 in Pittstown when his car swerved across the double yellow line and into oncoming traffic. Martine was killed when the car slammed into a tractor-trailer. Also killed in the car accident were 40-year-old Juana Jimenez, 13-year-old Jasmil Jimenez, and 10-year-old Cesar Jimenez. The lone survivor from the SUV was 15-year-old Jennifer Jimenez who was extracted from the car by Pittstown Fire Department members. Juana and Jasmil Jiminez died by the time EMS arrived while Cesar died by the roadside. Martine died en route to an Albany hospital.

Rescue workers told reporters that extracting the family from the car was extremely difficult. The family is survived by a 19-year-old sibling who was not in the car at the time of the crash.

The driver of the big rig, 54-year-old John Miller, suffered minor injuries in the NY truck accident.

Harlem Hospital Admits Thousands Of Unread Heart Tests Caused Harm

blog@www.lsinjurylaw.com (News Author)15799 — Tue, 29 Jun 2010 08:00:00 EST

The Harlem Hospital Center is under fire after uncovering that an estimated 5,000 echocardiograms over the last five years were never reviewed by doctors. While the hospital claims that they were too understaffed to have medical professionals examine the heart tests, New York City Hospital officials say that they have acted in a negligent matter.

Now, years later, doctors from across New York City are gathered to read the echocardiograms and look for abnormalities. Six patients have already been contacted regarding abnormal heart test results that were never reported to them, and three of those patients have gone back to their doctors to be reexamined. However, some patients are now hard to locate – while others may be deceased. In fact, doctors working on the case say that at least 200 of the 7,000 people on record had died since taking the echocardiogram, though there is no clear way to tell if the ignored test results led to wrongful death.

The New York State Department is investigating how this could happen in the first place, disregarding the hospital’s understaffing excuse since similarly sized hospitals with similar shortages still manage to have their heart tests reviewed and signed by doctors. The Harlem Hospital Center also argues that the heart test results were all reviewed by trained technicians.

Some believe that the hospital should call all patients who did not have their medical records reviewed or signed by physicians, both to ensure their health and to prevent future NYC medical malpractice cases.

Brooklyn Construction Site Owner Acquitted After Fatal Accident

blog@www.lsinjurylaw.com (News Author)15798 — Mon, 28 Jun 2010 08:00:00 EST

The owner of a Brooklyn construction site has been found not guilty of manslaughter, criminally negligent homicide, and reckless endangerment in a trial concerning the death of a New York City construction site worker.

NY businessman William Lattarulo was building a new coin laundry at a site in Brooklyn using illegal immigrants and shoddily drawn plans that he had completed himself instead of hiring an architect. Going against expert advice, Lattarulo asked his workers to dig a trench at the building site in an unsafe manner, causing the wall of the structure next door to fall on construction worker Lauro Ortega. Ortega was crushed by dirt and construction debris.

Lattarulo’s lawyer argued that the construction site owner was being held up as an example to other New York City contractors and property owners after a slew of deadly construction accidents occurred in 2008. The New York defense attorney argued that Lattarulo was cutting corners and cutting costs to a dangerous degree – but agreed that a manslaughter charge would be hard to prove in any construction worker death case.

But although Lattarulo has been acquitted of the above charges, he now must return to court for two civil lawsuits – a New York wrongful death lawsuit that has been filed by Ortega’s family and a property damage lawsuit filed by the family whose house was ultimately destroyed because of Lattarulo’s poor construction site decisions.

It is unclear whether the coin laundry operation’s building will continue in the future.

Brooklyn Partygoer Seriously Injured In Fall From Balcony

blog@www.lsinjurylaw.com (News Author)15797 — Sun, 27 Jun 2010 08:00:00 EST

A drummer from Williamsburg, Brooklyn had his head impaled by a steel fence rod after he fell from a balcony during a party in an apartment above the fence. He is recovering from his serious head injury in Bellevue Hospital’s ICU, where doctors say he will spend at least a week.

According to the New York Daily News, 21-year-old Nicholas Blossom, a rock and roll drummer from the bank Alaska Alaska who resides in Brooklyn, was attending a party in Chelsea on Friday night when he fell from the apartment’s balcony and onto the sharp, steel fence below. Rescue workers cut the young man from the fence on early Saturday morning with an electric saw but did not remove the rod from the man’s head until later that day. After the head injury, Blossom was not allowed to sleep for quite some time until doctors deemed it safe. He is now communicating and should make a good recovery.

Blossom was drinking on the night of the party and fell from a third-floor balcony onto the fenced railing of a second-floor balcony. The accident took place at around four in the morning. The rooftop party took place at Sixth Avenue, near 26th Street, in New York City.

Blossom had been sitting alone on a ledge, screaming that he "hated everybody" before falling – and the New York City Police Department received calls from neighbors about the disturbance before the fall took place.

Nun Killed in Harlem Getaway Car Accident, Four Others Injured

blog@www.lsinjurylaw.com (News Author)15796 — Sat, 26 Jun 2010 08:00:00 EST

An arrest after a mugging by the NYPD went terribly wrong on Tuesday, June 22, when two of the robbers being questions sped off in a getaway car, quickly crashing into a minivan and a crowd of pedestrians in Harlem. An elderly nun was killed in the New York City car accident while four other people were injured. Three people remain in the hospital, two of which suffered life threatening injures.

According to CBS News, Columbia laws student 21-year-old Krishan Thakker was robbed at gunpoint of his backpack earlier in the day by suspects 20-year-old Dyson Williams and18-year-old William Robbins. When the New York Police saw the men later in the day, they attempted to stop them and arrest them. However, while authorities were arresting the driver, the two other men in the car took the wheel and attempted to escape.

The car managed to drive a few blocks, hit a minivan, spin, and strike four pedestrians. Harlem nun, 84-year-old Sister Mary Celine Graham was among the pedestrians struck by the car. She died of her car accident injuries.

Williams has been charged with second-degree murder and robbery, while Robbins, who was arrested before the NY car accident, has been charged with armed robbery.

Both Thakker and the police involved are wondering what they could have done differently in order to stop this tragic pedestrian accident – perhaps the perpetrators are also wondering about the choices they made on Tuesday.

Make Sure Tire Tread is Proper to Avoid Accidents

blog@www.lsinjurylaw.com (News Author)15092 — Sun, 23 May 2010 08:00:00 EST

One of the best ways to avoid an accident (and a lawsuit), is to make sure your car tires have the proper tread. Although it would appear to be obvious, a proper tire tread gives your car grip, especially in bad weather.

For an example of what can happen, just see this tragic story of a Pearl River resident (my hometown) and of these students from Suffern.

According to ur transportation experts, there are two popular ways to check for signs of tire tread wear.

One easy way is the penny test. Simply insert a penny into your tire's tread groove with Lincoln's head upside down and facing you. If you can see all of Lincoln's head, it's time to replace your tires.

Another way is to look at the tread wear indicator bar that's molded into your tires. The bars are at the bottoms of the tread grooves in several locations around the tire. When a tire is so worn that these bars become visibly flush with the adjacent tread ribs, it's time to replace the tire.

Experts suggests you check your tire tread using either method every 3,000 miles.

Bad tires a factor in Pearl River crash that killed teen

blog@www.lsinjurylaw.com (News Author)15091 — Sun, 23 May 2010 08:00:00 EST

The following is a tragic story from the Journal News:

PEARL RIVER — Bad tires combined with pouring rain and a steep hill caused the crash that claimed the life of 15-year-old Justin Rogers earlier this month, Orangetown police said Thursday.

The driver of the car, 17-year-old Steven Gerard Lowney of Nanuet, has been issued a ticket citing inadequate tires, police Sgt. Sean Russo said.

Lowney was driving his father's 2002 Honda Accord the afternoon of May 3 when the car struck a guardrail on Veterans Highway, went off the road and rolled down a 35-foot embankment before coming to rest in a streambed.

Rogers was his only passenger. The Pearl River teen's leg was severed in the crash and he died in a New York City hospital three days later. Both boys were students at Pearl River High School.

"A combination of factors led to this horrible, horrible tragedy," Russo said.

Investigators examining the car found that the rear tires did not meet state standards. According to those standards, the grooves on the treads have to be four thirty-seconds of an inch deep, Russo said.

He would not say what the depth of the tire treads on Lowney's car were, other than that they did not meet the state standards.

Bald tires can be particularly dangerous when roads are wet, said Robert Sinclair Jr., spokesman for the Automobile Club of New York.

"When you have minimal tread depth, it allows the film of water to build up under the tire," Sinclair said. "In essence , the tire is no longer in contact with the road — there's no traction."

A study released by the National Highway Traffic Safety Administration in 2001 indicated that more than one-fourth of passenger car tires and almost one-third of light truck tires may be underinflated, which can lead to wear.

"You are more likely to get excessive tread wear when your tires are improperly inflated," Sinclair said.

Typical tires on a Honda should last for about 50,000 miles, said Rich Slavis, a manager at Eastern State Tire Corp. in West Nyack.

People are keeping their cars longer, likely because of the poor economy, Slavis noted.

"We try to explain to people how important it is to make sure they have good tires," he said. "Some people have no idea."

The police investigation into the fatal crash did not show any other factors that could have lead to the accident.

There was no indication that either boy was talking on a cell phone or texting, Russo said.

Speed did not appear to be a factor.

"We are confident that was not the case," he said. "We are confident that the primary contributing factors were a combination of inadequate tires and the rainstorm."

Both Lowney and Rogers were wearing their seat belts, the investigation concluded. Lowney suffered minor injuries and was treated at Good Samaritan Hospital in Suffern.

*******
Click here to see how our experts explain the right way to check the tread on your car

Lever & Solzenberg Links Suicide to Car Accident

blog@www.lsinjurylaw.com (News Author)15090 — Sun, 23 May 2010 08:00:00 EST

Just recently, Terrence James Cortelli and Howard Stolzenberg of the boutique personal injury law firm Lever & Stolzenberg successfully settled a lawsuit comemenced by a widow whose husband committed suicide two months after being involved in a car accident in Rockalnd County.

In that case, in August 2009, the husband was rear-ended by an intoxicated driver on Route 59. The driver then struck a police cruiser and was arrested for driving under the influence. The husband was driving a new Ford Explorer and it was totaled in the accident. The husband was a self-employed house cleaner. Because of the accident, he injured his back and could not work.  His bills began to mount and he was not making any money to pay them.

Two months later, he tragically took his own life by jumping in front of a train.

Lever & Stolzenberg commenced a personal injury action against the driver, seeking damages not only for the back injury but also for the suicide.

State Farm, who insured the drunk driver, initially laughed at the firm's claims, arguing that there was no way the firm would be able to link the suicide to the accident.

But, in Court, we were able to convince State Farm that there was a link -- we noted that a sucide note was found that explicitly stated that the suicide was a direct result of the husband's inability to work.  The Firm also contacted a psychiatrist who was willing to testify on the subject.

The firm also stressed that the driver's actions -- being drunk during the middle of the day on a school day -- would not go over well with a Rockland County jury and that we would ask for punitive damages.  Through extensive investigation, the Firm was able to uncover numerous incidents of the driver's past prior bad acts involving alcohol. In fact, one of the depositions had to be cancelled because the defendant driver had been arrested yet again.

Based upon the firm's ruthlessness, State Farm finally agreed to pay the full amount of its insurance policy.

NY State Trooper Fatal Car Crash Caused By Driver Inattention

blog@www.lsinjurylaw.com (News Author)14685 — Mon, 17 May 2010 08:00:00 EST

New York State Police have concluded the investigation of the car accident death of NY police trooper Jill E. Mattice, the first women killed during duty in the history of the police force. While investigators are still not sure what specifically caused the fatal car accident, they have concluded that some form of driver inattention was a factor in the crash. At the same time, they have ruled out that cell phone use or a medical emergency took place when the car crash occurred.

Mattice, a seven-year veteran of the New York State Police force, was driving back to her department in Otsego County after a day of work at a local school. During her drive, her police cruiser drifted over the center line of the highway and was struck by an oncoming tractor-trailer. Investigators determined that the accident, which took place on January 20, 2010 on Route 23 in the Town of Morris, was simply a matter of Mattice not paying attention while behind the wheel. The officer was not speeding at the time of the crash – she was going roughly the speed limit – nor was she actively using her cell phone. She was rounding a significant curve and going uphill at the time of the NY car accident.

Mattice struck the trailer portion of the big rig and died at the scene of the New York truck accident. The driver of the truck survived with minor injuries. The fatal NY accident took place just before 3 PM as the officer returned from her job as a school resource officer at Unadilla Valley High School.

Albany Family Receives $5.2 Million After Mother Dies From C-Section

blog@www.lsinjurylaw.com (News Author)14684 — Fri, 14 May 2010 08:00:00 EST

In what may be the largest medical malpractice settlement in New York history for the death of a mother during labor, a Schenectady family received $5.2 million after the wife and mother of the family died following a botched C-section at Albany Medical Center Hospital.

In 2007, Diane Rizk McCabe – who had a full-term pregnancy free of complications -- went into labor with her second child. After ten hours of unsuccessful pushing, she was ordered to have her baby by C-section. During the operation, which was preformed in part by an inexperienced resident, McCabe began bleeding internally. While several nurses alerted the on-duty doctor of her declining health and the possibility that she was losing blood, the doctor in question, Dr. Sean Yong-Il Lee, did not take action for 15 hours. By the time he went to operate again, she had died of her blood loss.

McCabe left behind a husband, police officer Joseph McCabe, and a now 9-year-old son Louie McCabe.

Part of the New York medical malpractice settlement involves a change of procedures at the Albany hospital where the preventable death took place: the hospital will, for the next 20 years, host a Diane McCabe Memorial Quality Lecture series that helps health professionals keep patients safe. In addition, the hospital is required to purchase a maternal and neonatal simulator in order to better train those working in labor and delivery.

Texting While Driving Kills Eight In Western New York Since 2007

blog@www.lsinjurylaw.com (News Author)14683 — Thu, 13 May 2010 08:00:00 EST

With the recent nationwide campaign to end texting while driving, many wonder just how well the message is coming through, especially for teens and young adults. Last month, 22-year-old Mary E. Kavanaugh because the eighth person to die in Western New York because of texting while driving in the last three years.

Livingston County sheriff’s officials say that Kavanaugh was driving on Caledonia Road in the Town of Leicester when she lost control of her car and it rolled over, killing the only occupant. The police investigation that followed revealed that the young woman had sent a text only one minute before the New York car accident – and never opened the returning message.

While New York authorities can’t be 100 percent sure that text messaging caused the one-vehicle accident, it is very likely that the crash was caused because Kavanaugh took her eyes of the road and her hand off of the wheel to text. Seven other young people have died because of texting since 2007.

New York already bans texting while driving across the state, but many safety advocates point out that the law is a secondary offense – that a police officer cannot pull you over for texting while driving unless you are breaking another traffic law. If text messaging while driving were a primary offense, many argue, it would be easier to enforce and better discourage everyone to put down their phones and drive. Luckily, many counties and cities across New York are instating their own laws to make texting while driving a primary offense.