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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 […]
Bodily Injury
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 […]
Train Accidents Are More Common Than You Think
On March 24, a train accident occurred in Mentz, NY resulting in the death of a passenger in the vehicle. The accident occurred at the North Main Street railroad station when a work van drove around the flashing lights and horizontal bars that signaled a train coming; one person was ejected from the vehicle and died. 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. […]
Grocery Store Owner may be Liable for Injuries Sustained During a Fire on the Premises
The plaintiff in Yehia v Marphil Realty Corp., 2015 NY Slip Op 05670 [130 AD3d 615] was injured in a fire that occurred on the premises operated as a grocery store by defendant Nahshal Food Corp. Marphil Realty Corp owned the premises and leased it to Nahshal. The plaintiff was employed at the grocery store and resided in […]
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 […]
First Department Upholds $250,000 Jury Verdict for Infant Injured by Projectile Rock
The New York Supreme Court, Appellate Division, First Department affirmed a trial court’s order that denied both the defendant’s motion for new trial and the defendant’s motion to reduce judgment interest rate in a personal injury case involving a lawnmower accident. An employee of the New York City Housing Authority was mowing a lawn using a […]
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 […]
Plaintiff Police Officer’s Case Car Accident Case Will Proceed Due to Lumbar Spine Injuries
The New York Supreme Court, Appellate Division, First Department modified a trial court order that granted the defendant’s motion for summary judgment and dismissed a negligence complaint in a car accident case. The First Department dismissed the claim under the 90/180 day rule but allowed the plaintiff to proceed with the “permanent consequential” and “significant” limitations […]
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 […]
Staten Island Fire Injures 34 People Residing in Townhouses
A Staten Island fire tore through three townhouses in June 2014 and injured 34 people, including 23 firefighters and 11 civilians. A spokesperson for the FDNY said that some of the injuries were serious, but none were life-threatening. Officials are currently investigating the cause of the blaze. At 1:00 a.m., 200 firefighters responded to a 911 […]
Nine Former National Hockey League Players File Lawsuit Over Concussions
Nine former players for the National Hockey League (NHL) filed a lawsuit in a U.S. federal court in Manhattan claiming that the league failed to warn players about the dangers of concussions. According to the class action lawsuit, the NHL “fostered and promoted an extremely physical game of hockey.” In addition, the suit asserts that […]
Eleven-Year-Old Girl and Family File Lawsuit Over Escalator Accident at New Jersey Mall
Eleven-year-old Juliana Valdez and her family are suing Macy’s and Thyssen Krupp Elevator for $10 million over an August 2013 escalator accident that occurred in the Garden City State Plaza in Paramus, New Jersey. The girl’s right foot and lower leg were severely injured as a result of the accident. In mid-August, Valdez, her mother […]
WTC Worker Falls on 58th Floor
A construction worker employed at the future site of 4 World Trade Center fell while working on the 58th story. According to reports, the worker slipped, puncturing himself with a steel rod that he was holding at the time. At the time of this post, additional details were not available. Potentially, this worker could be […]
Brooklyn Hospital Faces Staggering Number of Medical Malpractice Suits
Brookdale University Hospital and Medical Center currently faces more than one hundred open lawsuits based upon medical malpractice, the Daily News reports. Ranging from infections to medication errors to infant brain damage, the hospital has been targeted by patients and their families for allegedly negligent care. The financially troubled facility operated at a $42 Million […]
Manslaughter Indictment Stands in 2008 Crane Accident Case
A Manhattan court upheld a manslaughter indictment in the 2008 crane collapse that killed two workers. James Lomma, owner of New York Crane and Equipment, will face the manslaughter charges when the case goes to trial. Tibor Varganyi, former mechanic for New York Crane and Equipment, is also charged in the case. The crane collapse […]
New York Appellate Court Reverses Summary Judgment Decision in Motor Vehicle Accident Case
A New York Appellate Court recently reversed a trial level decision granting summary judgment in favor of the defendant in the 2009 case of Esther Jacobs v. Hector D Rolen. Plaintiff, who was involved in a car accident in New York, currently experiences limited range of motion in her lumbar spine, but full range of […]
Spider-Man Performance Again Marred by Mishap
Producers canceled the Decemeber 22nd matinee performance of “Spider-Man: Turn Off the Dark” after stunt actor Christopher Tierney plunged from an elevated platform during the December 20th performance in New York. Tierney fell approximately twenty feet from the platform into the basement beneath the stage. Tierney is the latest of four Spider-Man performers to be […]
