New York Injury Lawyers Blog

Any individual injured in a New York car accident seeking to recover for pain and suffering (non-economic damages) associated with the injury, must establish that he or she has sustained a "serious injury" as defined in Insurance Law Section 5102(d). The purpose of this legislation and the New York no-fault law is to keep "minor" injury cases out of the court system.

Under New York Insurance Law Section 5102(d), "serious injury" means a personal injury which results in death; dismemberment; significant disfigurement; a fracture; loss of a fetus; permanent loss of use of a body organ, member, function or system; permanent consequential limitation of use of a body organ or member; significant limitation of use of a body function or system, or a medically determined injury or impairment of a non permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person's usual and customary daily activities for not less that ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment.

Volumes of New York case law have discussed and dissected the definition above. If a plaintiff in a motor vehicle personal injury case fails to establish a "serious injury" (commonly referred to as failing to meet the "Serious Injury" Threshold), the defendant is entitled to Summary Judgment and the lawsuit is dismissed. Obviously, this a major concern for plaintiffs and plaintiffs' attorneys in the New York area. As such, here at the New York Injury Lawyers Blog, we are devoting a section on the site to the "Serious Injury Threshold" where will discuss new developments in this area of law.

An elderly couple from Staten Island was the victim of a hit and run driver. Peter Sabados, 78, and Lillian Sabados, 77, were struck by a white van as they walked to evening mass carrying canned goods for the Thanksgiving food drive. The van was driven by Allmar Lekperic, 26, who fled the scene and later ditched the vehicle. He also had his sister help him mislead investigators.

The accident occurred on New Drop Lane at Third Street. Many people in the community have had concerns about this crossway for sometime. In fact, church officials claim to have had a meeting with the Department of Transportation on the same day that the hit and run occurred. DOT officials were not able to confirm this meeting.

Lekprec later turned himself in to authorities. He is charged with leaving the scene of an accident with fatalities and driving with a suspended license.

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Couple killed in Staten Island 'hit-run', NY Post, RICH CALDER, LARRY CELONA and LEONARD GREENE, November 27, 2009.

A 40 year-old Bronx (NYC) resident, Sonya Powell, was killed while attempting to cross the street in her Wakefield neighborhood in the Bronx at approximately 8 pm on November 27, 2009. Her fiance was walking with her at the time, but managed to avoid the oncoming vehicle.

The 2007 Infiniti that struck Ms. Powell was driven by Sheldon Reid. Reid fled the scene of the accident, but was later arrested and charged with Aggravated Unlicensed Operation of a Vehicle and Leaving the Scene of an Accident Fatality. Reid was reportedly also arrested for driving with a suspended license in 2001.

Powell, an immigrant from Kingston, Jamaica, worked as a nurse's aide at a Riverdale nursing home.

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Driver nabbed in fatal Bronx bride-to-be hit-and-run was behind wheel with no license, Daily News, Henrick Karoliszyn, Sarah Armaghan AND Wil Cruz, November 28, 2009.

Continue reading "Bronx, NY: Hit And Run Driver Kills Pedestrian Walking With Her Fiance" »

A 41 year-old female allegedly slipped and fell in a Brooklyn (NYC) parking lot of a catering hall. She claimed that the parking lot was dangerous due to uneven pavement. She reportedly fell, and suffered a tear of her quadricep. The owner of the parking lot denied that the lot was dangerous and questioned whether the incident actually occurred since it was unwitnessed.

Plaintiff asserted that the torn quadricep will cause permanent pain and limtitations. She has not undergone surgery because she fears that surgery would not improve her current condition. This matter settled pre-suit for $75,000.

Continue reading "Torn Quadricep Yields $75,000 Settlement In Queens County (NYC) Slip And Fall" »

The estate of a 55 year-old single mother with four children settled a trucking accident case involving a tractor-trailor for $125,000 In Queens County, NY. The plaintiff died instantly after being struck by the tractor-trailer. Plaintiff's estate claimed that she had completed turning after stopping at a stop sign. The defendant tractor-trailer contended that the decedent suddenly drove into his path, thereby making the crash unavoidable.

Plaintiff's engineer argued that the markings in the roadway indicated that the plaintiff-decedent had already completed her turn and that the defendant should have been able to avoid the accident. The plaintiff-decedent died instantly. No evidence of pain and suffering would have been offered had the case proceeded to trial. The case settled pre-trial for $125,000.

The plaintiff, a 38 year-old administrative clerk employed by a tenant in an office building in Armonk, NY was recently awarded a $237,000 verdict by a Westchester County, New York jury. She claimed that she tripped and fell on an icy patch while exiting the building.

Plaintiff claimed that the owners of the building failed to properly remove the ice that had allegedly accumulated days before the fall. She further claimed that although the owners had tried to clear a path, they did so in a negligent manner. The defendant-owners argued that they should not be held liable because they had cleared a path. However, they acknowledged that the weather had warmed up and then got cold which caused the path to re-freeze. The defendants also argued that the plaintiff could have spread sand on the path herself (a bag of sand was left outside the building doors for tenants to use).

The plaintiff suffered a cervical sprain and a fracture of the clavicle. She underwent back surgery and physical therapy.

The Westchester jury found the plaintiff to be 30% responsible for the fall, but awarded her $237,000.

A Bronx (NYC) jury returned a $1,500,000 verdict in favor of a 52 year-old female plaintiff who allegedly slipped and fell on ice while trying to open a gate to her cooperative. She claimed that the management company and owners of the cooperative failed to apply salt in the gated parking lot despite icy conditions. Rain/snow had reportedly fallen for approximately 12 hours before the accident.

The plaintiff claimed that as she tried to open the locked gate, she slipped on the ice and hyper-extended her arm, suffered a cervical herniation and radiculopathy. Fusion surgery with the insertion of a permanent plate was performed.

The plaintiff introduced weather records which reflected that trace amount of precipitation fell both the night before and much of the day of the incident. The plaintiff elicited testimony from the superintendant that salt should be spread if such events cause an icy condition.

Continue reading "$1,500,000 Million Dollar Verdict In Bronx (NYC) Slip & Fall" »

The plaintiff in a Westchester County, NY pedestrian car accident case recently settled for $700,000. The plaintiff, a 45-year-old male, allegedly suffered bulging discs at L4-5 and L5-S1 after being struck by defendant's car while crossing the street. The defendant's vehicle (vehicle #1) was reportedly trying to avoid a collision with another vehicle (vehicle #2), who swerved in order to avoid hitting the plaintiff in the roadway.

The plaintiff claimed that the drivers of both vehicles failed to take evasive action to avoid the accident, failed to keep a proper lookout, drove at excessive rates of speed, and failed to yield the right-of-way to a pedestrian. The plaintiff further contended that the driver of vehicle #2 was employed by California Closet Co. and Westco Closet Corp. at the time of the accident, and that these entities were vicariously liable for the driver's actions.

The defendants denied liability and contended that the plaintiff failed to cross the roadway at a designated crosswalk. However, the case settled pre-trial for $700,000.

A twenty (20) year-old Somers resident and University of Tampa student, Erik Nicoletti, was tragically struck in a hit and run accident on the campus this past Saturday. Nicoletti was reportedly crossing the street with a friend at approxmately 1 a.m. Both were injured in the crash.

Nicolletti suffered a severe head injury and was originally placed on life support. It now appears that he will be taken off these measures at some point today. The other pedestrian involved, Cree Riley, of Pennsylvania, is reportedly in serious but stable condition.

The driver of the vehicle, 27 year-old Andres Trujillo, abandoned his car immediately after the crash, but later turned himself into police. Trujillo was apparently reaching down to pick up a dropped cigarette at the time of the accident.

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Somers college student critically injured in Tampa hit-run, Journal News, Barbara Livingston Nackman, November 23, 2009.

Generally speaking, the "right of sepulcher" means the right to choose and control the burial, cremation, or other final disposition of a dead human body. Under New York Law, the next of kin of a decedent can commence a lawsuit for a violation of his or her right of sepulcher when 1) a next of kin's right to immediate possession of a decedent's body is interfered with, and 2) the interference causes mental anguish. New York courts have held that interference with a next of kin's right of sepulcher can arise under the following circumstances: 1) unauthorized autopsy; 2) inadvertent disposition of remains; and 3) failure to notify next of kin of the death.

A prerequisite to commencing a lawsuit against a New York CIty Hospital, including Mount Sinai, is that a Notice of Claim must be filed within 90 days of the alleged negligence or malpractice. A recent interesting decision from the Appellate Division, First Department, Melfi v. Mount Sinai Hospital, addresses when this unique cause of action accrues for Notice of Claim and Statute of Limitations purposes. A short recitation of the facts of the case is below:

Leonard Melfi, a well-known playwright, died at Mount Sinai Hospital on October 28, 2001 from congestive heart failure. His body was not claimed from the hospital's morgue for 30 days, and on November 28, 2001, the body was provided to Nassau County Community College in order for embalming students to practice their future trade. The body was then buried at Potter's Field, a city cemetery, with 150 other unclaimed bodies.

Melfi's family did not learn of his death until February 2, 2002. His body was exhumed and re-buried on April 18, 2002 in Binghampton, New York.

Defense attorneys for the City argued that Melfi's Notice of Claim, filed on May 2, 2002, was late and the sepulcher case should be dismissed, since the Notice was not filed until 133 days after the body was transferred to Nassau Community College.

The Second Department disagreed holding that the right of sepulcher does not accrue, and therefore the the claim does not become actionable, until the plaintiff experiences an emotional injury. Since it is impossible for a next of kin to experience an emotional injury before learning of a loved one's death, the clock for Notice of Claim and Statute of Limitations purposes in loss of sepulcher cases, does not begin to run until the next of kin attains knowledge that the decedent has died.

Continue reading "Right Of Sepulcher Under New York Law: Melfi v. Mount Sinai Hospital" »

Four car accidents in a three month span along Route 9 by Susan Lane in Cortlandt, NY have residents calling for an investigation. Two of the crashes resulted in fatalities, including the death of a Canadian truck driver last week. Residents of the neighborhood had already started circulating a petition to install a traffic light prior to the latest accident.

The road in this quarter mile stretch is reportedly very narrow with limited sight distance. In addition, it is one of only a minimal number of entrances to the small community, which makes it a must use for Cortlandt residents.

The New York State Department of Transportation is investigating whether the installation of a traffic light is appropriate.

The Westchester County, NY Car Accident Attorneys at Gallivan & Gallivan have represented individuals injured in car accidents in the New York area for over forty years. Please contact us for a free consultation.

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Residents raise traffic safety concerns in Cortlandt along Route 9 near Putnam border, Journal News, Robert Marchand, November 22, 2009.

Shawn Ferrier, a 35-year-old Yonkers resident, admitted to injuring two people and damaging four parked cars while driving drunk in Greenburgh, NY. He pled guilty to three felonies, second-degree assault, vehicular assault, and aggravated unlicensed operation, as well as driving while intoxicated (DWI) and four other misdemeanor counts of criminal mischief.

Ferrier reportedly took area police on a high-speed chase through Greenburgh approximately a year ago. He was driving a rented U-Haul at the time. During the chase, which began when Ferrier ran numerous red light in Central Avenue, he collided with a Mercedes-Benz sending it into a small tree. The Mercedes driver, a 46-year-old Bronx man, suffered neck and back injuries. The chase ended after Ferrier struck a tree and the U-Haul caught on fire. A passenger in the U-Haul suffered serious injuries in the crash.

Ferrier will serve at least four years in state prison.

The NY Personal Injury Attorneys at Gallivan & Gallivan provide aggressive representation to those injured in car accidents, including those involving drunk drivers. Please contact us for a free consultation if you or a loved one has been injured in a car accident in the New York area. If you are unable to travel to one of our three conveniently located offices, we will make arrangements to come to you.

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Ex-con pleads guilty to DWI chase in Greenburgh, Yonkers that hurt 2 others, Journal News, Rebecca Baker, November 21, 2009.

Last night at approximately 7:30 pm, a pedestrian was struck by a vehicle in Larchmont, NY. The pedestrian was reportedly crossing the street near the Chatsworth and Palmer Avenue intersection. Westchester County Police are investigating the accident in conjunction with the local Larchmont Police Department.

The pedestrian was reportedly transported to Jacobi Medical Center in the Bronx, NY for treatment of a serious head injury. The authorities have not released any additional information regarding the pedestrian or the accident investigation as a whole.

Although the facts surrounding this incident are unclear at this point, in most circumstances, when a vehicle strikes a pedestrian, some type of negligence on the part of the driver is involved. The legal team at Gallivan & Gallivan has successfully represented many pedestrians who have been struck by motor vehicles and suffered injuries. If you or a loved one has been injured in an accident, please contact Gallivan & Gallivan for a free consultation.

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Pedestrian struck by vehicle in Larchmont, Journal News, November 19, 2009.

In 2006, a 71 year-old female was struck by a motor vehicle in White Plains, NY at the intersection of Maple Avenue and Hale Avenue. The plaintiff commenced a lawsuit in Westchester County Supreme Court alleging that the driver operated the vehicle in a negligent manner. Her attorney's motion for Summary Judgment on liability was granted and the case proceeded to trial on damages.

At issue was plaintiff's claim that as a result of the accident she suffered a nondisplaced fracture of her left, nondominant wrist, as well as a tear of one shoulder's rotator cuff. From the site of the accident, she was transported to a hospital, where a closed reduction surgery was performed on her wrist. However, the 71 year-old did not seek medical attention for her shoulder until nine months after the accident. Counsel for the defense argued that the shoulder injury was unrelated and the wrist fracture was not serious.

The Westchester County jury awarded the plaintiff $225,000.

Gallivan & Gallivan is a Westchester based Personal Injury law firm serving New York residents injured due to the negligence of others. Please contact us for a free consultation if you or a loved one has been injured in an accident.

Earlier this morning, a driver on the northbound side of the West Side lost control of the vehicle and collided with a southbound vehicle. Three individuals involved in the car accident were taken to St. Luke's Hopsital for treatment of their injuries.

NYPD is still investigating the incident. At this point, speeding is being reported as the cause of the accident. The accident resulted in heavy delays for NY commuters this morning.

The NY Car Accident Attorneys at Gallivan & Gallivan have successfully represented those injured in car accidents caused by speeding. Please contact us for a free consultation if you or a loved one has been injured in a car accident in the NY area.

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West Side Highway reopened after crash causes 2-hour closing, Journal News, Leslie Korngold November 19, 2009

Jacobi Medical Center, a hospital located in Bronx, NY, recently settled a medical malpractice and wrongful death case for $4.5 million. The case involved a 28 year-old woman, Sherille Rankin, who died 10 days after undergoing bariatric surgery. The lawsuit was commenced on behalf of the 28 year-old's family, including her four young children.

Under the EPTL in New York, the personal representative of an estate has the right to sue for "pecuniary loss" on behalf of the distributees in wrongful death cases. Pecuniary loss includes lost earnings, loss of support, voluntary assistance, and possible inheritance. In order to calculate such damages, New York courts have held that age/life expectancy and work habits and history of the decedent should be considered.

Rankin underwent a Roux-en-Y procedure, which is commonly referred to as "stomach stapling." Unfortunately, a leak occurred near the stapled area and lead to sepsis, a complication that proved deadly. Her estate alleged that physicians at the Bronx facility failed to detect the leak and subsequent infection for seven days.

The New York Medical Malpractice Attorneys at Gallivan & Gallivan have represented victims of medical malpractice and wrongful death for over forty years. For a sampling of results we have achieved for our clients, please click here. For a free consultation, please contact us at one of our three conveniently located offices in the NY area.

The New York State Legislature has agreed to a bill that would toughen DWI laws in New York. If passed, the new law would make it a felony to drive while intoxicated with a child as a passenger. In addition, the bill deemed "Leandra's Law", would require those convicted of DWI to install an ignition-interlock system in their vehicle as part of their sentence.

The bill is named for 11-year-old Leandra Rosado, who died last month in an accident in Manhattan (NYC) as a passenger in a vehicle whose driver was drunk.

The agreement also comes on the heels of a deadly crash in Westchester, NY that killed 8 people, including four children. The driver, Diane Schuler, was allegedly drunk and high while driving the wrong way on the Taconic State Parkway at the time of the accident.

The new law would carry a possible prison sentence of one to four years incarceration for a first offense. However, it unclear whether the bill with pass in the Senate.

If you or a loved one has been injured in a car accident, please contact the New York Accident Attorneys at Gallivan & Gallivan for a free consultation.

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Lawmakers: Felony DWI if child is in car, Journal News, Joseph Spector, November 18, 2009.

A police officer from Newburgh, New York was seriously injured in a car accident on November 13, 2009 when his police cruiser collided with two school buses. He is currently recovering at Westchester Medical Center.

Officer Thomas Canavan was first transported to St. Francis Hospital after the accident. Officer Canavan reportedly suffered several fractures of his leg, but thankfully his injuries do not appear to be life-threatening.

There were 33 students from the Newburgh public schools on the buses at the time of the accident. Four of the students suffered injuries. The New York State Police are investigating the cause of the accident, including a possible medical emergency directly prior to the crash.

The attorneys at Gallivan & Gallivan have successfully represented accident victims for over forty years. Please contact us if you or a loved one has been injured in a car accident or bus accident.

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Newburgh cop recovering after crash, Time Record, Doyle Murphy, November 13, 2009.

A Bronx (NYC) jury recently awarded $2,106,874 to an employee of the Triborough Bridge and Tunnel Authority who suffered a fractured ankle when he fell at a tollbooth plaza of New York's Bronx Whitestone Bridge. The plaintiff fell on a pothole that was recently repaired in a lane that was designated for trucks.

The plaintiff alleged that the TBTA improperly allowed trucks to use the lane that was just repaired, causing the hole to reopen. The defense argued that the defect was not "significant." However, the incident was memorialized on video and the Bronx jury sided with the plaintiff.

The NY Accident Attorneys at Gallivan & Gallivan provide aggressive, effective representation to all our personal injury clients. If you or a loved one has been injured due to a dangerous condition at the workplace, please contact us for a free consultation.

A Virginia jury recently returned a $5 million verdict for the family of a 16 year-old who was killed in a car accident involving a tractor-trailer. The jury found that the owner of the tractor-trailer and its driver, Kenneth Barbour, were negligent when Barbour ran a red light in 2008 and struck the teen.

The driver previously pled guilty to involuntary manslaughter and reckless driving and was sentenced to two-year's incarceration earlier this year. The owner of the trailer was found to have failed to properly train and supervise Barbour and to have negligently allowed him to drive a rig with defective parts.

The attorneys at Gallivan & Gallivan represent individuals injured in trucking accidents and car accidents in the New York area. Please contact us for a free consultation.

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Jury awards $5.25M in Aichs death, Charlottesville Daily Progress, Tasha Kates, November 14, 2009.

This a follow-up to our November 11, 2009 post here on the New York Injury Blog:

Jose Falcon, a 43 year-old White Plains resident, has been identified as the pedestrian involved in the November 10, 2009 car accident on Central Avenue by the City Limits Diner in White Plains, NY. Falcon was hit by a car at approximately 6:30 p.m. as he crossed the street. He was reportedly leaving work at an auto repair garage in the area.

Falcon's sister has reported that he has no feeling from his waist down and may be paralyzed. Falcon is currently listed in stable condition at Westchester Medical Center where he underwent spinal surgery after the accident.

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Sister of pedestrian struck in White Plains says he's paralyzed, Journal News, Theresa Juva, November 13, 2009.

A 22 year-old Mamaroneck, NY resident, Seth Kahn, died from injuries suffered when he was struck by a New York City bus last week. The bus was reportedly turning left onto Ninth Avenue from 53rd Street. Kahn was crossing Ninth Avenue at the time of the accident.

Authorities believe that the bus had a green light and Kahn was crossing with a walk signal. However, the bus driver, Jeremy Philhower, was issued a summons by the NYPD for failing to yield to a pedestrian. Reports also indicate that Mr. Philhower had just recently returned to work from a suspension for text messaging while driving the bus.

The New York Bus Accident Attorneys of Gallivan & Gallivan provide effective representation to individuals injured in bus accidents or car accidents. Please contact us for a free consultation at one of our three conveniently located offices.

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NYC bus driver to get summons in death of Mamaroneck grad, Journal News, Aman Alli, November 13, 2009.

A 50 year-old construction worker fell from a 15 foot scaffold while working on a residential construction site in Park Slope, Brooklyn (NYC). The plaintiff was painting an exterior wall of a four-story condominium at the time of the fall. The scaffold's platform collapsed, and he fell approximately 15 feet. He suffered fractures of both heels, as well as other injuries. After the fall, he was transported to New York Methodist Hospital in Brooklyn, where he was found to be in shock.

Plaintiff sued the owner of the premises, its management company, the architect of the project and two subcontractors. He claimed that the scaffold planks were unsecured and did not have a railing. He further alleged that the fall was the result of an elevation-related hazard under Labor Law § 240(1), and that he was not provided the appropriate safety equipment required. The parties negotiated a $2,500,000 pre-trial settlement.

The New York Construction Accident Attorneys of Gallivan & Gallivan provide aggressive representation to construction workers injured on the job, including falls from scaffolds. Please contact us for a free consultation of you have been injured on a construction site.

On November 6, 2009, a 66 year-old male Greenburgh resident was struck by a Westchester County Bee-Line bus while riding his bicycle on Route 119 (Tarrytown Road). He was reportedly crossing Route 119 when the accident occurred. The cyclist died shortly after being transported to White Plains Hospital by emergency personnel.

The driver of the Westchester County Bee-Line bus cooperated fully with the investigation of the Greenburgh Police Department. It is unknown whether the bus driver was issued any citations for vehicle and traffic violations, or whether any other vehicles were involved in the accident.

The Westchester County Accident Attorneys of Gallivan & Gallivan offer free consultations to all individuals injured in trucking accidents or car accidents. Please contact us to discuss your case.

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Police: Bicyclist killed by Bee-Line bus in Greenburgh, Journal News, Shawn Cohen, November 6, 2009.

A Dutchess County, NY resident died from his injuries yesterday morning after colliding head-on with a flatbed truck on Route 9. The man, whose information has not yet been released, was reportedly traveling northbound when he crossed the double yellow lines and struck a southbound 10-wheel flat-bed truck.

Emergency personnel indicated that upon arrival at the scene, the driver of the car was breathing but unconscious as he was cut away from the wreck by members of the Garrison Fire Department.

The New York Trucking Accident Attorneys at Gallivan & Gallivan have extensive experience representing individuals involved in tragic accidents such as this. If you or a loved one has been injured in a car accident or a trucking accident in the New York area, please contact us to schedule a free consultation.

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Driver dies after car-flatbed crash on Route 9 in Philipstown, Journal News, Rob Ryser, November 10, 2009.

A male, whose name has not yet been released, was struck by a car while crossing Central Avenue in White Plains, NY (near the City Limits Diner) last night. He was transported to White Plains Hospital by emergency personnel. The accident reportedly occurred at approximately 6:30 pm.

Deputy Public Safety Commissioner John Cullen said that the man "was in bad shape." His current condition is unknown. It is also unknown whether the driver of the vehicle suffered any injuries.

The White Plains Car Accident Attorneys at Gallivan & Gallivan provide aggressive and effective representation to pedestrians struck by vehicles. Please contact us for a free consultation if you or a loved one has been injured in an accident.

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Man remains in hospital after being struck by car crossing the street in White Plains, Journal News, Rob Ryser, November 11, 2009.

Plaintiff, a 48-year-old union stagehand, was struck from behind by another vehicle while stopped at a red light at the intersection of East 57th Street and First Avenue in Manhattan (NYC). He suffered a herniated disc at C5-6, bursitis of the left shoulder, blurry vision, floating eye particles, and uncontrollable blinking as a result of the accident. The defendant's vehicle was owned by a metal and marble company.

Plaintiff initially received three epidural injections and physical therapy in attempt to treat the herniated disc. When conservative treatment was found to be ineffective, he underwent a laminectomy and fusion surgery. He still receives physical therapy and pain management treatment.

The defendant argued that plaintiff's injuries were the result of a pre-existing condition. Defendant further asserted that based on the limited amount of damage to the plaintiff's car, the accident could not have caused such a severe injury. The case settled for $1,375,000 at mediation.

Bronx Car Accident Attorneys, Gallivan & Gallivan, represent car accident victims in the five boroughs of New York. Please contact us for a free consultation.

Plaintiff, a 45 year-old butcher, slipped and fell while working at a New York grocery store. He allegedly fell on a solvent applied to machinery by an employee of the defendant owner of the store. The liquid reportedly dripped onto the floor after it was applied. Plaintiff alleged that the employee failed to properly apply the solvent and that the owner had failed to abide by its own protocols.

Plaintiff sustained a torn meniscus of his right knee. As a result of the injury, he could no longer work.

The plaintiff received a jury verdict of $940,000. However, the butcher was apportioned 20 percent of fault for the fall. His net recovery would have been $752,000, but that amount was reduced due to a high/low agreement ($500,000/$100,000) negotiated prior to trial.

If you or a loved one has suffered an injury, contact the New York Personal Injury Attorneys at Gallivan & Gallivan for a free consultation.

Plaintiff, a 53 year-old insulator, allegedly slipped and fell on oil that had leaked onto the ground while working at a Westchester County, NY power plant. This matter recently settled for $650,000 at mediation.

Plaintiff claimed that the owner/operator of the plant, Entergy, was negligent in its maintenance of the premises, and that its negligence created a dangerous condition.

He sustained a herniation of his C5-6 intervertebral disc, fractures of ribs and a tear of one shoulder's rotator cuff. He underwent arthroscopic surgery to repair the rotator cuff and fusion of a portion of his lumbar spine. He has not returned to work and still requires physicial therapy 6 years after the incident.

The attorneys at Gallivan & Gallivan provide effective and aggressive representation to slip and fall victims injured due to negligent maintenance of premises. If you or a loved one has slipped and fallen in the New York area, please contact Gallivan & Gallivan for a free consultation. Our services are provided on a contingency fee basis (we do not receive compensation unless your case is successfully resolved).

A construction accident case filed in Dutchess County, New York recently settled for $2,500,000 ($1,700,000 from owner's insurance carrier, $550,000 from Worker's Compensation, and $250,000 from employer's general liability carrier) after jury selection. The plaintiff in the case was a 47 year-old non-union mason. He fell off a 20-foot retaining wall that he was working on, and as a result, suffered a traumatic head and brain injuries, as well as serious injuries to his neck and back.

The plaintiff sustained a herniated disc at L5-S1, a torn right anterior cruciate ligament, and a right parietal skull fracture. He underwent a craniectomy and cranioplasty at Westchester Medical Center and a right knee arthroscopy. He has also developed a seizure disorder and requires ongoing treatment and rehabilitation. He has not returned to work.

The plaintiff filed suit in Dutchess County, NY against the owner of property, who in turn, filed a third-party action against his employer. Plaintiff claimed that the owner of the property violated Labor Law 240(1) in failing to provide him with protective equipment while he worked at a height. Motions for Summary Judgment made by the defendants were denied.

The attorneys at Gallivan & Gallivan represent construction workers that have been injured on the job. Our goal is to ensure that our clients receive maximum compensation for their pain and suffering, lost wages, and past and future medical bills. Please contact us now if you or a loved one has been injured on a construction site.

Bronx resident, Leandra Rosado, an 11 year-old student at a Public School in Chelsea died in a car accident on the Henry Hudson Parkway last week. The driver, a friend's mother, was driving seven girls to her home in the Bronx for a sleepover. The mother, 32 year-old Carmen Huertas, has been charged with vehicular manslaughter and drunken driving. The accident reportedly occurred at approximately 1 a.m. on October 10, 2009 when Huertas lost control of the vehicle and it flipped near West 96th Street.

The driver and the other 6 teenage girls suffered injuries that were not considered life-threatening. However, Leandra was pronounced dead at St. Luke's-Roosevelt Hospital Center later that morning.

This tragic accident demonstrates the dangers of driving while under the influence of drugs or alcohol. At Gallivan & Gallivan, we seek compensation for those injured in car accidents due to the negligence or recklessness of others. Please contact us for a free consultation if you or a loved one has suffered an injury due to the negligent or reckless driving of another.

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Bronx Woman Is Charged in Crash That Killed Girl, 11, New York Times, Simon Akam and Colin Moynihan, October 11, 2009.

Andrew Kelly, a NYPD police officer, has been charged with second degree vehicular manslaughter and Driving While Intoxicated (DWI) after reportedly striking a 32 year-old Brooklyn woman with his car. Officer Kelly also received a ticket for speeding after the incident. The 32 year-old woman was reportedly trying to hail a cab. She died from her injuries.

The accident allegedly occurred at approximately 1 a.m. on September 27, 2009 near Avenue N and East 56th in Brooklyn, NY. Officer Kelly refused to take a chemical test at the scene and a court-ordered blood test conducted seven hours later found no alcohol in his system.

He was arraigned and released on $200,000 bail.

Gallivan & Gallivan, Attorneys at Law, provides effective represention to individuals injured in car accidents and pedestrians struck by vehicles. Our main goal is to maximize compensation for our clients.

We offer free consultations to all potential personal injury clients. Please contact us to discuss your case.

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Officer Indicted in Accident That Killed Brooklyn Woman, New York Times, Al Baker and Sewell Chan, October 14, 2009.

A New York City Police Officer allegedly struck a pedestrian with his car while drunk in the Bronx last week. The accident reportedly occurred on Kingsbridge Avenue in the Bronx. The officer was driving his government issued vehicle when he struck the woman, Drana Nikac, 67, as she crossed the avenue near West 232nd Street in Kingsbridge.

The officer has been charged with Vehicular Manslaughter and Driving While Intoxicated (DWI). A witness indicated that the driver of the vehicle failed to stop at a Red Light and was "going real fast." Ms. Nikac reportedly hit the windshield of the car, then fell onto a parked car and into the street.

The attorneys at Gallivan & Gallivan have successfully represented those injured in car accidents and pedestrians struck by vehicles, including those that suffer serious injuries and wrongful death. Please contact us for a free consulation if you or a loved one has been injured in such an accident.

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Detective Faces D.W.I. Charge in Fatal Accident, New York Times, Al Baker and Mathew R. Warren, October 30, 2009.

Dr. Rahul K. Parikh, MD's article entitled "I'm a doctor. So sue me. No, really: The doctors' lobby says capping malpractice suits will make healthcare cheaper. I'm an M.D. and I don't believe it" discusses a doctor's perspective on lobbying group efforts to cap medical malpractice awards. He also addresses the controversial topics of defensive medicine and frivolous lawsuits.

After reviewing and analyzing the major studies conducted to date, Dr. Parikh concludes that caps on damages are not the answer. Instead, he emphasizes the need to focus on the improvement of patient safety and reduction of medical errors.

Dr. Parikh also points out that a Public Citizen study found that "that a historical pattern has been established that insurance rates rise also based on the investment market ...Earlier 'crises' (in 1975-6 and 1985-6) similar to today's 'crisis' were due to declining investment fortunes and failed pricing practices of the insurance industry rather than an increase in medical malpractice filings and awards. Then, as now, the insurance industry covered its losses by raising rates dramatically, then blamed thelawyers of innocent patients rightfully seeking compensation for negligence-related injuries."

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