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Earlier this month a group of safe-streets lobbying groups in New York released the Crash Victims Rights and Safety Act, a collection of eight pieces of legislation “that will better support victims of traffic violence and make streets safer across New York State at a moment when traffic fatalities and speeding are both on the rise,” according […]
Bodily Injury
New Abuse Lawsuit Filed Against Former Catholic Bishop in Albany
A recently filed lawsuit alleges that Howard Hubbard, a retired Catholic bishop in Albany, molested “an 11-year-old boy at a carnival more than 40 years ago,” according to the New York Post, which notes that this is the seventh lawsuit alleging that the former clergyman committed abuse. The new lawsuit, filed anonymously, alleges that when the […]
NYC Bill Would Transfer Car Crash Investigation from NYPD to DOT
A new bill in the New York City Council would remove the New York Police Department’s authority to investigate car crashes, vesting that power instead with the city’s Department of Transportation. According to StreetsBlog, the bill is supported by City Council Speaker Corey Johnson but opposed by Mayor Bill de Blasio. In a statement to the publication, […]
Hospital Bedsore Risk Increases During Pandemic
Experts have expressed concerns that pressure injuries, also known as bedsores, have risen with the spike in hospitalizations during the Covid-19 pandemic. As such, according to a new report in USA Today, “hospitals are putting extra focus” on preventing bedsores, which more than 2.5 million people suffer from each year, according to a the National Pressure Injury Advisory […]
After Tragic Limo Crash Kills 20 in New York, Sen. Schumer Demand More Regulations
After a tragic limo crash killed 20 in upstate New York, Senator Chuck Schumer is renewing his call for stronger government regulations and oversight. Similar to other limousine offerings across the country, the Ford Expedition involved in the accident was modified into a limousine by cutting the SUV into two parts and then extended. Safety advocates have […]
Westchester County Settles Lawsuit Over Bicyclist Death
Westchester County agreed to pay over $3 million in a lawsuit over the 2015 death of a local bicyclist. The bicyclist, Robert Small, an orthopedic surgeon at White Plains Hospital, died after an accident on the North County Trailway. Small, an avid and competitive bicyclist, according to LoHud.com, lost consciousness after biking into a marked pothole. […]
With Five Killed in Helicopter Crash, Safety Harnesses Became “Death Trap”
After a helicopter crashed into the East River last month and killed five passengers, the victims’ families and politicians are looking for answers to how the tragic accident occurred. The deadly helicopter crash was part of a photo tour of New York City’s skyline, an increasingly popular tourist activity. Like most other scenic tours of Manhattan, […]
Family of Son Killed in Drunken Cop’s Car Crash Sues Former Cop and Local Bars
The family of Isaac Ward, the 27-year-old man killed in a drunken car crash by a New Rochelle police officer, filed a lawsuit against the cop and the three bars that over-serving the police officer in January 2017. Penelope Ward, Isaac Ward’s mother, said the police officer, Harry Kyreakede, and three local bars – Brazen Fox, Brother Jimmy’s BBQ […]
Lawsuit: Port Authority Secretly Recorded Medical Exams
A Port Authority employee filed a lawsuit alleging that she was secretly videotaped during a medical exam. The employee, Charlene Talarico, said the incident happened during an exam in August 2016. Talarico is suing for unspecified damages, according to the lawsuit filed in a Manhattan federal court last week. Alleging emotional distress, pain and suffering, and other unspecified […]
Family of NYC Bike Path Victim Plans to Sue City
Parents of a victim lost to the terrorist attack on one of Lower Manhattan’s bike trails has filed a notice of their intent to sue New York City. The parents of Darren Drake state that New York designed a bike path that was unsafe for people to use. According to them, New York should have foreseen […]
Lawsuit: Brooklyn Prison Staff Ignored MS-13 Assault on Inmate
According to a new lawsuit, two federal prison guards in Brooklyn allowed a gang member to attack a fellow inmate causing horrific damage. The injured inmate, Rafael Lopez, alleges in his new lawsuit that the Metropolitan Detention Center knew that Douglas Mendoza was a disturbed person and affiliated with the notoriously violent MS-13 gang. The alleged attack […]
Injured at Rap Concert, Fan Sues Rapper, Venue, Management Company, and Security
After being pushed off a third-story balcony and then dragged on stage at a concert, a young fan is now paralyzed and suing the rapper and venue for his injuries. The 23-year-old fan, Kyle Green was attending a Travis Scott concert who is known for his over-the-top antics at concerts. This charged and amped-up atmosphere has led […]
NY Court: After Drunk Son Drives Father’s Car Through House, Father May Be Liable
In 2012, a Long Island man, Daniel Sajewski, rammed his father’s red Mercedes-Benz through a Huntington house, narrowly missing the two elderly sisters that lived in the residence. Sajewski was, perhaps predictably, intoxicated – blowing an off-the-chart 0.30 on a breathalyzer, far exceeding New York’s 0.08 limit. In addition to losing their belongings (including a […]
Can Firefighters Sue a Homeowner if They are Injured Fighting a Fire?
On May 31, five firefighters were injured after a home in White Plains, New York caught on fire. The two-story home, on Milford Drive, caught on fire at 3:47 A.M – the same time that their fire alarm system alerted emergency services. While the family fled the home safely, about 20 firefighters responded to the incident, which […]
Summary of Sit-down with Police Officer with Most DWI Arrests in New York
Police Officer Jason Behar has the impressive distinction of issuing the most DWI (Driving While Intoxicated) in the State of New York. The Port Chester Officer had issued 128 DUI arrests in the last year. Behar says that he is motivated to locate drunk or otherwise intoxicated drivers because of the “numerous accidents, some involving deaths.” […]
Speed and Age Found to be Important Considerations in Fatal Pedestrian Accidents
In 2011, a researcher from the Triple AAA Foundation for Traffic Safety published a report on the death rate in pedestrian-car accidents based on federal study of car crashes from 1994-1998; the study found the faster a car was going or the older the pedestrian, the deadlier the outcome of the accident. Lena Groeger, the author of the […]
Patient Fell Off Scale at NY Hospital – Case Will Proceed
In Patel v. American Medical Response, Inc., et al, the representative of a deceased patient brought a negligence action against an ambulance operator and hospital to recover damages for personal injuries sustained after EMT left him unattended on a scale. The patient fell off the scale. The Supreme Court of Nassau County denied the hospital’s motion for […]
Plaintiff Loses Slip-And-Fall Claim By Failing to Submit Evidence regarding How She fell
In Giannotti v. Hudson Valley Federal Credit Union, plaintiff was a patron who brought an action against Hudson Valley Credit Union, seeking damages for personal injuries she sustained in a trip-and-fall accident in the credit union’s lobby. On April 16, 2013, the plaintiff walked with a Hudson Valley Federal Credit Union employee towards an office presumably to discuss […]
New York Court Denied Defendant’s Request for “Independent” Medical Examination after Defendant Missed Deadline by One-year
As part of the personal injury civil system, discovery is a phase in litigation that prevents unfair surprises for all parties to a cause of action. The court system, including Federal and State courts, require disclosure of all relevant and material facts that pertain to the case, to be “disclosed,” to the other side prior to […]
Patron Punched By NY Bouncer Will Get Trial
Darin Hill, security guard at a nightclub in New York City, allegedly caused a patron, Plaintiff Fauntleroy, to suffer serious personal injuries during an altercation. Mr. Hill was employed by a security company, All Season Protection of NY, LLC. The operator of the nightclub, Sutol Operating Company, hired All Season Protection to provide security at the establishment. […]
Second Department Finds Police Report Was Improperly Admitted into Evidence; Orders New Trial
The New York Supreme Court, Appellate Division, Second Department reversed a trial court order for summary judgment in favor of the defendant driver in a pedestrian car accident case. The plaintiff was a pedestrian who was crossing the street when she was injured after being struck by the defendant’s car. The plaintiff argued that the defendants negligently drove […]
Recent Appellate Decision Comes Down In NYC Bar Fight Case
On November 27, 2007 the decedent (deceased) attended a party at Duvet Restaurant and Lounge, a restaurant and night club located on W 21st Street in Manhattan, where he was fatally stabbed. The decedent was stabbed outside the night club by another patron as the result of a fight that started inside the club. The […]
Plaintiff’s Spinal Injuries Found to Constitute a Significant Limitation under Insurance Law 5102 (d)
The New York Supreme Court, Appellate Division, First Department held that the plaintiff had properly raised a triable issue of fact as to whether she suffered significant and/or permanent limitations to her spine as required under the Insurance Law. The plaintiff was injured in an auto accident due to the defendant driver’s negligence. The plaintiff suffered […]
Case Study: The “Serious Injury” Threshold
Lonnie Gates was rear ended by a truck owned by Sears, Roebuck and Co. and driven by Gene H. Longden. Under New York State’s no-fault insurance rule, a person injured in an automobile accident may recover for medical bills and other economic damages from the insurance company covering the vehicle they are riding in, or are hit by, regardless […]
Syracuse Police Officer Who Ran Red Light Without Stopping Liable for Injuries To Other Driver
In Ruiz v Cope, the Appellate Division, Fourth Department affirmed a decision by the Supreme Court of Onondaga County to award a man money damages after a non-jury trial against a police officer, Brendan Cope, the Syracuse Police Department, and the county. At the time of the accident Cope was being field trained under a […]
