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Personal Injury Law

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Last Entry: May 23, 2010 at 23:19:20

More Efforts Underway to Combat Distracted Driving

Posted on January 26, 2010
The stories are wrenching. A distracted driver on a cell phone runs a red light t-boning another vehicle where the driver’s son sits; fails to see a child on a bicycle there to be seen; a truck slamming into the rear of a stopped school bus. Years ago groups like Mothers Against Drunk Driving (MADD) successfully [...

Use of Morphine Found to Prevent Development of Post-Traumatic Stress Disorder

Posted on January 22, 2010
Post-traumatic stress disorder (PTSD) is a common, important and well-documented mental health outcome among seriously injured civilian and military survivors of trauma such as those injured in car accidents, construction site accidents, or by electrocution...

Will Woody Johnson?s New York Jets Fare Better in Today’s Playoff Game Than His Pharmaceutical Company Did on Friday?

Posted on January 17, 2010
This afternoon the Jets face the San Diego Chargers for the chance to play the Indianapolis Colts in the AFC Championship Game. The Jets and their fans go into the game brimming with confidence and excitement. But in a complaint filed Friday by the U...

CDC Study Finds Characters in Children’s Movies are Setting a Better Example About Personal Safety

Posted on January 14, 2010
Characters in children’s movies are increasingly using seat belts, bike helmets and crosswalks, but there is still much room for improvement, a Centers for Disease Control and Prevention study found. Approximately one half of scenes still depict unsafe practices, and the consequences of these behaviors are rarely shown...

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Their Constitutional Rights Vindicated, Nursing Home Nurses and Their Attorney Continue to Fight the Good Fight

Posted on January 09, 2010
One of my favorite court decisions of 2009 was the Appellate Division, Second Department decision in Vinluan v. Doyle, 60 A.D.3d 237, 873 N.Y.S.2d 72. This is so because of the eloquent and impassioned defense of the constitutional right of an attorney to give, and a client to receive, advice of counsel...

New York City Region?s Most Dangerous Roads – 2006 to 2008

Posted on January 07, 2010
The Tri-State Transportation Campaign yesterday released a report identifying the tri-state region?s most dangerous roads for pedestrians. Topping the list is Hempstead Turnpike in Nassau County. Between 2006 and 2008, 13 pedestrians were killed along the 16-mile stretch of roadway, with most of those fatalities occurring as the road passes through Elmont, Franklin Square and [...

New Drunk Driving Punishment of Breathalyzer Ignition Devices Raises Implementation Issues

Posted on January 04, 2010
At least 30 states have statutes that went into effect on New Year?s Day. One of them in New York, The Child Passenger Protection Act, will require all drunken-driving offenders to blow into a breathalyzer ignition device before they can operate their cars...

No Legal Recourse for Injured Teacher Who Faced the Stark Choice Whether To Resign and Abandon Her Class or Continue to Teach in a Dangerous Situation

Posted on January 01, 2010
A New York City public school teacher has a student in her special education class that she believes poses a danger to the safety of her classroom. The student had been verbally and physically aggressive for several months. The student?s increasing behavioral problems included bringing a knife to school, which resulted in a week’s suspension...

Florida Judges Should Not Be Facebook ?Friends? With Lawyers Who Appear Before Them – OK to Be ?Fans? During Judicial Elections

Posted on December 27, 2009
Florida’s Judicial Ethics Advisory Committee has ruled that judges should no longer “friend” on Facebook lawyers who appear before them. The committee ruled that online “friendships” could create the impression that lawyers are in a special position to influence their judge friends...

Court of Appeals Broadens Construction Worker Safety Statute to Apply Where Worker Neither Fell Nor Was Struck By Falling Object

Posted on December 23, 2009
There is a line of cases requiring that a construction worker either fall or be struck by a falling object in order for there to be considered a gravity-related risk so as to invoke the absolute liability provisions of Labor Law §240(1) (New York?s ?Scaffold Law?)...

Youth Concussions Continue to Receive Attention from National and Local Legislatures

Posted on December 19, 2009
The sports pages the last several months have been filled with reports of Congressional hearings and testimony concerning concussions and the National Football League ? particularly the long-term health effects of head injuries on players. Years ago when people thought about football players? injuries, the attention was focused more on injuries such as knee injuries [...

Salomon Recalls Ski Bindings Due to Unexpected Release, Fall Hazard ? Would Be Liable Notwithstanding Skier?s Waiver or Release

Posted on December 18, 2009
With the onslaught of cold weather and the forecast for snow, one feels the urge to hit the ski slopes. One of the most trustworthy names in ski bindings for many, many years is Salomon. But last month the U.S. Consumer Product Safety Commission, in cooperation with Salomon, announced a voluntary recall of about 10,000 [...

NYC Administration for Children’s Services Denied Dismissal of Suit for Wrongful Death of Infant Killed by Mother?s Companion

Posted on December 12, 2009
Gotlin v. City of New York, — N.Y.S.2d —-, 2009 WL 3681839 (Supreme Court, Kings County (October 27, 2009), arises out of the wrongful death of Hailey Gonzalez, an infant, in August 2007 while under the supervision of the New York City Administration for Children’s Services (ACS)...

U.S. PIRG Releases Its 2009 Report of Toy Hazards And Launches Interactive Smart Phone Tool and Website For Shoppers

Posted on December 09, 2009
The 2009 Trouble in Toyland report is the 24th annual Public Interest Research Group (PIRG) survey of toy safety. This report provides safety guidelines for parents when purchasing toys for small children and provides examples of toys currently on store shelves that may pose potential safety hazards...

Absence of Seat Belts in School Buses Has Little Carryover Effect to Personal Motor Vehicles in Elementary School Children

Posted on December 06, 2009
The National Highway Traffic Safety Administration (NHTSA) issued a ”White Paper” in October of 2009 to explore the proposition that the lack of seat belts on school buses increases the likelihood that elementary school children, specifically children 5 to 10 years old, will not use seat belts in personal vehicles...

Thanksgiving Week Not a Week for Two Laborers to Give Thanks to the Court of Appeals – Part 2

Posted on December 02, 2009
In Affri v. Basch, — N.E.2d —-, 2009 WL 4030863 (November 24, 2009), the plaintiff was a neighbor of the defendant homeowner for whom he had previously provided ?handyman? work. This time the plaintiff was performing renovation work including installing appliances...

Thanksgiving Week Not a Week for Two Laborers to Give Thanks to the Court of Appeals – Part 1

Posted on November 30, 2009
Thanksgiving Week brought two Court of Appeals decisions declining to apply the strict liability of New York State Labor Law §§ 240(1) and 241(6). In the first case the Court held that these Labor Law sections are pre-empted by section 905(b) of the Longshore and Harbor Workers’ Compensation Act (LHWCA)...

Urgent Advice to Parents: IMMEDIATELY Stop Using Drop-Side Cribs With Plastic Trigger and One-Hand-System Drop-Side Hardware

Posted on November 28, 2009
Drop-side cribs with plastic hardware were recalled and banned all in one day ? this past Tuesday, November 24, 2009. The U.S. Consumer Product Safety Commission (CPSC), in cooperation with Stork Craft Manufacturing Inc., of British Columbia, Canada, this announced the voluntary recall of more than 2...

New York Raises Minimum Child Booster Seat Requirement to Age 8

Posted on November 24, 2009
Effective today, to decrease children’s risk of injury or death in a motor vehicle crash, the upper age limit of New York State?s child restraint law is being raised to require that all children are restrained in an appropriate child restraint system while riding in a motor vehicle until they reach their 8th birthday...

Court Finds Itself Without Power to Remedy a Misleading Construction Site Insurance Policy Whose Exclusions Render The Supposed Coverage Meaningless

Posted on November 22, 2009
In 720-730 Fort Washington Ave. Owners Corp. v. Utica First Ins. Co., — N.Y.S.2d —-, 2009 WL 3645656 (N.Y.Sup. 2009), an insurance policy was purchased to protect against injuries sustained by workers injured during roofing work. Somehow, the policy included three exclusions: an employee exclusion, an exclusion for roofing work, and an exclusion for any [...

Governor Paterson Signs Child Passenger Protection Act Making It a Felony for First-Time DWI With Children in the Vehicle

Posted on November 20, 2009
The Child Passenger Protection Act, now known as Leandra?s Law, discussed in our recent blog entry of November 9, was signed into law by Governor David A. Paterson on November 18, 2009. The legislation makes it a felony for individuals to drive while intoxicated or under the influence of drugs (DWI) with children in the [...

?Son of Sam? 10% Exemption Applies to Inmate’s Medical Malpractice Settlement

Posted on November 16, 2009
Under New York?s ?Son of Sam? law, a crime victim has the right to bring a civil action to recover money damages from a person convicted of perpetrating that crime within 3 years of the discovery of any profits from the crime or funds of the convicted person...

Nursing Home, Even Though an LLC, is Criminally Liable for Its Employees? Failure to Provide Required Care to Patient

Posted on November 12, 2009
Highgate LTC Management, LLC, a limited liability company, operated Northwoods Rehabilitation and Extended Care Facility (?Northwoods?) in Cortland County. Following a 2005 investigation into the care of a patient at Northwoods who was in a persistent vegetative condition, five of its employees were convicted of various crimes relating to their failure to provide required care [...

The Child Passenger Protection Act Should Become Law

Posted on November 09, 2009
Governor David A. Paterson has submitted legislation, known as The Child Passenger Protection Act, to increase penalties on those who drive while intoxicated (DWI) with children in the car. The Act would make it a felony for individuals to drive while drunk or under the influence of drugs with passengers under the age of 16...

Is It Fair to Even Threaten Eduardo Henriquez With Prosecution Over Fatal Drunk Driving Accident?

Posted on November 06, 2009
Eduardo Henriquez is the father of an infant who he removed from the car of Carmen Huertas when he learned that she was about to drive drunk with the infant in the vehicle. He did not remove any of the other 7 children in the car. Ms. Huertas then allegedly drove off quickly, bragged to [...

Parents Matter When It Comes to Teen Driving

Posted on September 29, 2009
Traffic crashes are the leading cause of death for U.S. teens, killing more than 5,000 each year. More than 7,000 people nationwide were killed in crashes involving teen drivers in 2007, government data show. More than 3,000 of these deaths were teen drivers, and more than 250,000 teen drivers were injured...

Village Denied Summary Judgment in Domestic Violence Suit Alleging Violation of Due Process Rights by Police Department

Posted on September 25, 2009
Holding a municipality liable in negligence for personal injuries sustained as a result of a third-party is often a difficult task because the plaintiff must show a ?special relationship? between the plaintiff and the police department – a multi-prong test that is difficult to satisfy...

Federal Government Studying Harm Restraints and Seclusion in Schools and School Buses Cause Children and Teens

Posted on September 22, 2009
A Government Accountability Office (GAO) report this past spring, concerned about childrens’ safety and welfare, highlighted allegations of abuse and the potentially deadly consequences of using certain forms of behavior management, often times for special education students...

More Support for Federal Law to Reduce Highway Funding Available to States That Do Not Prohibit Text Messaging While Driving

Posted on September 20, 2009
This past summer a bill was introduced in the United States Senate to require states to adopt federally set minimum penalties for writing, sending, or reading text messages while driving. The bill requires states to pass laws prohibiting text messaging or forfeit 25 percent of highway financing, which would amount to losing hundreds of millions [...

First Department Debates How Much Effort Court of Appeals Requires a Worker To Make To Search For Safety Devices At The Construction Work Site

Posted on September 14, 2009
In Cherry v. Time Warner, Inc., — N.Y.S.2d —-, 2009 WL 2497974 (1 Dept. August 18, 2009), the plaintiff was securing sheet rock to the ceiling on the third floor when he fell off a baker’s scaffold onto the concrete floor eight feet below...

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