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Personal Injury Law

New York Legal Blog New York Legal Blog

Covers New York Legal News, including personal injury and legal events.
By Mark Siesel, Esq.

Post Frequency: 1.5/day

Last Entry: April 07, 2014 at 18:11:19

Recent Entries: 212

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NTSB Reports That Metro North Engineer In Derailment Had Severe Sleep Apnea

Posted on April 07, 2014
The National Transportation Safety Board (NTSB) announced that William Rockefeller, the Metro North Engineer at the helm of the train which derailed in Spuyten Duyvil on December 1, 2013, killing 4 and injuring more than 70, had ?severe obstructive sleep apnea...


Toyota Agrees to Pay 1.2 Billion To Settle Federal Criminal Investigation

Posted on March 26, 2014
Last week, the U.S. Justice Department announced that Toyota will pay 1.2 billion dollars in fines to settle a four year long criminal probe commenced by the Justice Department arising out of sudden acceleration problems that caused the wrongful death of occupants of Toyota vehicles highlighted by a tragic crash in August of 2009...


GM Recalling 1.6 Million Cars Due To Defective Ignition Switches

Posted on March 17, 2014
One of the ?Big Three? Automakers, General Motors, has announced a massive recall of 1.6 million vehicles which apparently had defective ignition switches, causing the cars to turn off and disabling airbags in the process. As a result of the defective ignitions, the electrical systems in the vehicles would be inoperable, causing the airbags not to deploy, and many drivers and passengers of GM vehicles died as a result...


NYC Pedestrians Beware: Deaths and Serious Injuries Are On the Rise

Posted on February 03, 2014
In an article last month in the New York Post, it was reported that fatal accidents and serious injuries suffered by pedestrians has become a significant problem, and NYC taxi drivers are often to blame. Early last month, 9 year old Cooper Stock was crossing the street while holding his father?s hand on the Upper West Side...


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K.C. Chiefs Sued By Former Players--Tip Of The Iceberg

Posted on January 20, 2014
Last month, five former players for the NFL?s Kansas City Chiefs sued the team, claiming that they are now suffering from brain injuries resulting from repeated concussions they suffered during their playing careers, which the team knew about but failed to warn them about...


Study Questions The Effectiveness Of Meniscus Surgery

Posted on December 30, 2013
A Finnish study recently published in the New England Journal of Medicine questions whether meniscectomies, the surgical repair of the meniscus, are effective in treating torn menisci of the knee. The meniscus is a cartilage of the knee that acts as a shock absorber, along with other parts of the knee including the anterior cruciate ligament...


New York Construction Workers Endangered By New Attacks On Scaffold Law

Posted on December 26, 2013
In the late 19th century, construction workers in New York were at the mercy of unscrupulous builders and contractors who would require underage, untrained, and worst of all unprotected workers to ascend to great heights in the construction of the skyscrapers which would soon become commonplace on the New York skyline...


Metro North Derailment?What Happened?

Posted on December 05, 2013
The tragedy on the southbound Metro North Poughkeepsie train in the Bronx this past Sunday, December 1, 2013, is under investigation by both the National Transportation Safety Board (NTSB), the MTA Police, the NYPD and the Bronx District Attorney?s Office to determine if a crime was committed...


Dog Bite Data Show Pit Bulls To Be Most Dangerous Breed

Posted on November 25, 2013
According to the Centers for Disease Control (CDC), 4.5 million Americans are bitten by dogs annually, and half of those bitten are children. One in five bitten, or approximately 885,000, need medical attention for their dog bite injuries, and 50% of those are children...


The NCAA Is Confronted With Numerous Concussion Lawsuits

Posted on November 19, 2013
Earlier this year, the NFL paid $765 million to settle a multitude a lawsuits by former players and their families alleging that the league failed to disclose its knowledge that multiple blows to the head led to what is known as ?CTE?, chronic traumatic encephalopathy, a degenerative brain disease that causes loss of memory, disturbance of mental functioning, depression, headaches, vision difficulties, and a host of other permanent injuries...


National Transportation Safety Board Critical of Bus & Truck Oversight

Posted on November 15, 2013
The National Transportation Safety Board (NTSB) had determined that four fatal accidents in the last year were due to a lack of oversight by the Federal Motor Carrier Safety Administration (FMCSA), the Transportation Department agency that regulates bus and truck safety...


New York?s Highest Court Clarifies No-Fault Law And Helps Automobile Accident Victims

Posted on October 28, 2013
The No-Fault Law is an absolute albatross around the necks of injured people and their attorneys in New York State, and has been so since its implementation in 1974. The basic purpose of the law when it was promulgated was twofold: to allow for the expeditious handling of automobile accident claims which were deemed to meet what is known as the ?no-fault threshold?, and second, to root out what was perceived to be fraudulent, non meritorious claims...


LA Jury Finds Concert Promoter Not Responsible For Michael Jackson?s Death

Posted on October 04, 2013
After five months of a grueling, hotly contested legal battle, on October 2, 2013, a Los Angeles jury, comprised of six men and six women, found concert promoter AEG not liable in the June, 2009 wrongful death of pop icon Michael Jackson. Katherine Jackson, the late pop singer?s mother, had sued AEG Live in 2010 in a multi-million dollar lawsuit...


US Department Of Transportation Sued Over Backup Cameras

Posted on September 26, 2013
This morning, the United States Department of Transportation (DOT) was sued by Public Citizen and several consumer advocate groups for a long standing delay in implementing a 5 year old law mandating the revision of rear visibility standards in new vehicles...


Tragic End To Motorcycle Season In The Hudson Valley

Posted on September 19, 2013
On September 15, 2013, there were two fatal motorcycle accidents in the Hudson Valley. On Bear Mountain Parkway in Cortlandt, 43 year old Christopher Ulacco of Wappingers Falls was killed while on a 2008 Suzuki after he apparently crossed the double yellow line and struck a GMC Acadia on Route 6 near Carhart Avenue...


Michael Jackson Wrongful Death Lawsuit Enters Final Stages

Posted on September 17, 2013
The wrongful death trial of Michael Jackson has been an extensive five month battle in an L.A. courtroom between Katherine Jackson, the mother of the late ?King of Pop?, and AEG Live, the concert promoter of Jackson?? ill fated ?This is It? tour which had been scheduled to commence in the summer of 2009 days after Jackson died of a Propofol overdose...


Significant Increase In Womens? Deaths From Painkiller Overdoses

Posted on July 25, 2013
A recent report in the New York Times focuses on the increasing problem of women dying from an overdose of prescription painkillers such as OxyContin, Percocet and Vicodin. The report highlighted a study that was conducted by the Centers for Disease Control (CDC) and concluded with data from 2010...


Family of Chappaqua Teen In Fatal MVA Fights Distracted Driving

Posted on June 04, 2013
In a story by Terence Corcoran in the May 20, 2013 edition of the Journal News, the family of Evan Lieberman, a 19 year old student at the University of Connecticut who was killed in a motor vehicle crash on June 16, 2011, has taken on the battle against distracted driving...


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...


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...


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