Personal Injury Law

Westchester County Settles Playland Wrongful Death Claim

Posted on May 23, 2013
In a case we wrote about almost six years ago, Westchester County and the owner of the ?Mind Scrambler? ride at Playland have agreed to settle the wrongful death case of the late Gabriela Garin, a 21 year old Playland employee who was killed on June 29, 2007...

Family of Boogard Sues NHL For Wrongul Death

Posted on May 14, 2013
The New York Times reported this week that the family of Derek Boogard, the ex-New York Rangers and Minnesota Wild defenseman, has filed a wrongful death lawsuit against the NHL. The suit alleges, among its many claims, that the league failed to protect Boogard by allowing him to return too quickly to play after suffering numerous concussions, despite the league?s knowledge that repeated blows to the head can lead to chronic traumatic encephalopathy (CTE)...

Johnson and Johnson Loses First Defective Hip Implant Case

Posted on March 14, 2013
Last week, a Los Angeles County jury awarded 8.3 million dollars to retired Montana prison guard Loren Kransky for pain and suffering and medical expenses he suffered from a defective artificial hip implant manufactured by a division of Johnson & Johnson, which has since been recalled...

First Of Many Lawsuits From Carnival Triumph Disaster Filed In Galveston

Posted on March 11, 2013
On February 20, 2013, the first of what is sure to be numerous personal injury lawsuits resulting from the disastrous Carnival Triumph cruise was filed in Galveston County District Court in Texas by Kathy Marie Armstrong. As anyone who has watched the news over the last month knows by now, on February 7, a cruise liner bound for Cozumel, Mexico, had a fire in the engine room, which led to the ship being cast adrift in the Gulf of Mexico, with no power, propulsion, heat, air conditioning and hot water for five days for the 4,200 passengers and crew on board...

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New York?s Unfair Medical Malpractice Statute

Posted on March 06, 2013
Under New York State?s medical malpractice statute of limitations, if you have been injured due to the negligence or ?departure from good and accepted medical practice? of a physician, hospital or other medical provider in New York, in general, you must commence a lawsuit against that negligent provider within 2 and one half years of the date of your last treatment with that provider...

Roadway Upgrades Finally Scheduled For Bear Mountain Parkway

Posted on February 27, 2013
In an article by Robert Marchant in the February 21, 2013 edition of the Journal News, it was reported that The New York State Department of Transportation has finally agreed to make safety improvements to the Bear Mountain Parkway. This comes after years of requests by the Town of Cortlandt, and citizens in Northern Westchester, after several serious and often fatal accidents on the parkway...

Texas Medical Malpractice Case Reveals Unfairness of Tort Reform

Posted on January 28, 2013
For years, liability insurance companies, doctors and hospitals have been attempting to establish ?tort reform? in the State of New York. In fact, Governor Cuomo had a provision in his initial budget in 2012 which would have capped non-economic damages in medical malpractice cases at $250,000, regardless of the severity of the injuries suffered by the victims of the malpractice...

The Family of Junior Seau Sues The NFL

Posted on January 24, 2013
The family of the late former NFL player and star linebacker Junior Seau has sued the National Football League, along with helmet manufacturer Riddell and other defendants, joining a long line of plaintiffs who contend that the league misled them or covered up information about the serious dangers of repeated head trauma which led to cognitive issues and traumatic brain injuries...

The Do?s And Don?ts When Involved In A Trip And Fall Accident

Posted on January 16, 2013
You have just tripped on an uneven step in your apartment building complex, or slipped and fell in a parking lot where the owner failed to shovel and apply salt, or stepped into a hole that the property owner neglected to repair, and you have suffered a serious injury...

The Most Dangerous Intersection in NYC

Posted on November 28, 2012
I read a very good article in the December 3, 2012 edition of New York Magazine about dangerous intersections in New York City. According to studies performed by the New York City Department of Transportation, (NYCDOT) the most dangerous intersection in the City of New York is at Webster Avenue and East Fordham Road in the Bronx...

Driving While Drowsy?Dangerous As DWI?

Posted on November 20, 2012
The National Highway Traffic Safety Administration (NHTSA) has conducted numerous studies of drowsy driving over the last ten years, and the conclusion seems inescapable: Drivers who have not gotten enough sleep can be as dangerous as those driving under the influence of alcohol, drugs or both...

?5- Hour Energy? and ?Monster Energy??Can They Be Fatal?

Posted on November 15, 2012
I read an interesting and eye-opening (no pun intended) article in the New York Times on November 14, 2012 by Barry Meier. The article, entitled ?Caffeinated Drink Cited in Reports of 13 Deaths?, discusses the recent disclosure by the U.S Food and Drug Administration (FDA) that it has received numerous reports and filings over the last several weeks of fatalities which are potentially attributable to consumption of caffeinated drinks such as ?Five-Hour Energy? and ?Monster Energy...

National Teen Safety Week Highlights Risks For Teenage Drivers

Posted on October 18, 2012
This week, The U.S. Department of Transportation announced an effort to get parents and their teenage children to discuss the topic of safe driving. The National Highway Traffic Safety Administration (NHTSA)reports that 187,000 teenage drivers were injured in car crashes in 2010 and 1,963 young drivers between the ages of 15 and 20 died that year...

Fatal Meningitis Outbreak--Lax Regulatory Rules Responsible?

Posted on October 09, 2012
Pain Management has become a major growth industry in this country, with wide spread addiction to Oxycodone and Hydrocodone a large part of the problem. For many of our clients who are injured in automobile accidents, construction accidents or trip and fall accidents, when the pain becomes intractable and surgery is not necessarily an option, it is now a common practice for the clients to undergo lumbar or cervical epidural steroid injections...

Increases In NYPD Abuse And False Arrest Cases Major Cost To NYC

Posted on September 11, 2012
According to an article in the Bloomberg News last week, the City of New York will pay approximately $735 million in settlement or jury verdicts as a result of medical malpractice claims, excessive force and false arrest cases against the NYPD, and claims involving collisions with NYC vehicles or due to improperly maintained roadways...

NYS Judge Rules Against State In 2007 Somers Icy Crash

Posted on August 20, 2012
Earlier this month, New York State Court of Claims judge Stephen J. Mignano awarded 32 year old Mahopac resident Slim Zouaoui more than 20 million in damages as the result of a March 11, 2007 car accident in Somers, New York in which the judge found that the State of New York had failed to maintain the roadway in a reasonably safe condition...

Staten Island Couple?s MVA Injuries Highlight Importance of Underinsurance Coverage

Posted on August 17, 2012
A recent serious motor vehicle accident involving Staten Island residents Wilma and Victor Rao brings into stark focus the importance of ?SUM? insurance coverage when an accident victim suffers injuries through the negligence of a driver either with no insurance coverage (due to an insurance lapse or never having insurance to begin with) or insufficient coverage to compensate for the injuries and financial losses suffered by the victims...

Fatal Accident On The Saw Mill River Parkway

Posted on July 12, 2012
On Sunday, July 8, 2012, there was a fatal accident on the Saw Mill Parkway in Yonkers near the Rumsey Road exit. At approximately 12:15 PM that Sunday, a Mercedes driven by 36 year old Kenyatta Garner of South Carolina was traveling northbound at a reportedly excessive speed when Garner struck a Honda Civic in the right lane and lost control of the vehicle...

New York Car Accidents?Allstate And State Farm?s Policy of ?Deny, Delay and Defend?

Posted on July 10, 2012
This past week, CNN anchor Anderson Cooper reported on what personal injury attorneys around the country have known for the last several years: Allstate and State Farm Insurance Company have a policy of refusing to pay on legitimate claims for pain and suffering, medical and hospital bills, and lost earnings, particularly in what are known as ?low speed impacts? in which the injured car accident victim?s car does not have significant property damage...

NTSB Issues Report On March 2011 Bronx Fatal Bus Crash

Posted on June 11, 2012
The National Transportation Safety Board (NTSB) released its final report this week concerning the causes of the fatal bus crash in the Bronx last year that killed 15 passengers and seriously injured 18 others. On March 12, 2011, a charter bus that was returning from the Mohegan Lake Casino in Connecticut to Chinatown on Route 95 in the Bronx lost control, flipped over, struck a guardrail and then a stanchion which held a traffic sign...

NJ Judge Rejects Concept Of ?Electric Presence? In Texting Accident

Posted on May 29, 2012
In a case believed to be the first of its kind in the United States, a New Jersey judge ruled on May 25, 2012 that a woman who was texting her boyfriend when the boyfriend was involved in an accident with a motorcycle and seriously injured a husband and wife is not liable for their injuries...

Fatal Roll-Up Gate Accident In Brooklyn Claims 12 Year Old

Posted on May 14, 2012
Last week, there was a fatal accident in a Brooklyn apartment complex partially owned by ex- MLB first baseman Mo Vaughn, when 12 year old Yakim McDaniels was killed while playing ?chicken? on a roll-up gate. Apparently, McDaniels and two other teens were riding the gate as it proceeded upward...

Fatal Crash On Bronx River Parkway

Posted on May 07, 2012
On April 29, 2012, there was a tragic fatal car accident on the Bronx River Parkway southbound near the Bronx Zoo exit. 45 year old Maria Gonzalez was driving a 2004 Honda Pilot with her 85 year old father, Jacob Nunez, 81 year old mother, Anna Julia Martinez, 9 year old daughter, Jazlyn Gonzalez, 39 year old sister, Maria Nunez, and two nieces, Naily, age 7, and Marlyn, age 3, passengers in the car when she lost control of the Honda, struck the center median, went across three lanes of travel, and vaulted over a 4 foot high guardrail on the right border of the road, falling 60 feet to the southwest grounds of the Bronx Zoo...

New York Car Accidents?Liquor Liability Case In White Plains Federal Court

Posted on April 23, 2012
26 year old Rachel Fraulo of Westport, Connecticut recently commenced a ?Liquor liability? lawsuit against an out of business Mount Kisco tavern, O?Malley?s, and its two owners in Federal Court in White Plains arising out of a serious car crash in January of 2009...

Fatal Wrong Way Accident Of Off-Duty Mount Vernon Police Officer

Posted on April 17, 2012
On March 29, 2012, at approximately 2:30 AM, off duty Mount Vernon Police Officer Reginald Velez was killed when he drove his vehicle the wrong way on the southbound lanes of I-95 and his vehicle was struck by a tractor-trailer. An investigation of the causes of the fatal car accident by the NYPD continues, as does the local police investigation...

OSHA Fines Manhattan Masonry Contractor $74,500 Over Brooklyn Scaffolding Accident

Posted on April 04, 2012

February Crane Malfunction Delays Four World Trade Center Construction

Posted on March 21, 2012
A malfunctioning crane that unexpectedly dropped a load of steel beams in February will delay completion of Four World Trade Center by more than two months. The faulty crane, which was manufactured in 1976, was taken apart immediately following the incident and is no longer in service...

Governor Cuomo?s No-Fault Fraud Initiative Benefits Insurance Companies, Not Accident Victims

Posted on March 15, 2012
Last week, Governor Andrew Cuomo announced a state initiative in a stated effort to curb purported no-fault fraud by ?getting rid of deceptive doctors? and ?shutting down medical mills.? The problem that Gov. Cuomo seeks to address is that some No-Fault doctors engage in fraudulent billing procedures, according to Cuomo, which reportedly results in ?hundreds of millions of dollars in insurance costs to New Yorkers...

NYC Taxi Passengers Suffer Facial Injuries In Unbelted Accidents

Posted on March 12, 2012
In a story by Heidi Evans in the March 11, 2012 edition of the New York Daily News, it was reported that passengers in New York City taxicabs are suffering numerous facial injuries due to their failure to utilize rear seat belts. For some reason, many people (this writer included) seem to have a different perspective on car safety when they are in a taxi cab (ignoring seat belts) than when they drive themselves and are more vigilant about seat belt usage...

Medical Malpractice Bill Approved by New York Senate Judiciary Committee

Posted on March 06, 2012
The New York Senate Judiciary Committee has approved a bill which would prohibit physicians and other medical malpractice defendants from interviewing a plaintiff?s non-party, later-treating doctors in private. Senate Bill 3296-A is designed to overturn the 2007 New York Court of Appeals decision in Arons v...

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