New York Injury Lawyers Blog

In Abdelkader v Shahine, a Kings (Brooklyn) County jury found the defendant obstetrician liable for injuries, namely an Erb's Palsy suffered by the infant-plaintiff, Laila Abdelkader. Erb's palsy is a paralysis of the arm caused by injury to the the arm's main nerves at spinal roots C5-C7. The injury allegedly resulted from the medical malpractice of the defendant physician in connection with the obstetrical care administered during the infant-plaintiff's birth on July 2, 1997.

The jury returned a verdict in favor of the plaintiff for $300,000 for past pain and suffering and $500,000 for future pain and suffering. The Second Department reduced the verdict to $150,000.00 for past pain and suffering and $400,000.00 for future pain and suffering. The Second Department found the original award to be "excessive" and reasoned that the original award "deviated from what would be reasonable compensation."

In the case, Matsur v. New York City Transit Company, a New York County jury found the transit authority liable for the plaintiff's injuries and awarded him $1.2 million for past pain and suffering, $1 million for future pain and suffering and $600,000.00 for loss of services. A light fixture installed by NYC Transit Company apparently fell on the plaintiff and the jury found the defendant liable under the theory of res ipsa loquitor. The extent of plaintiff's injuries were not included in the Court's opinion.

The Supreme Court of New York State, Appellate Division, Second Department, in an exercise of its discretion, reduced the awards as follows: $750,000.00 for past pain and suffering, $550,000.00 for future pain and suffering and $200,000.00 for loss of services.

Peter Duah, a 40 year old intoxicated Bronx (NYC) motorist, caused multiple car accidents Monday, December 28, 2009. Duah's actions resulted in multiple injuries and the death of a 65 year old Yonkers man. Duah now faces felony charges.

The first incident occurred in the Bronx at the intersection of Gun Hill and White Plains roads when Duah hit an unmarked police car from behind and a second vehicle at a red light. Both officers and the other motorist complained of back and neck pain and were treated at Jacobi Medical Center.

Moments later Duah's car approached another intersection at McLean and Central Park Avenues in Yonkers. Here Duah's vehicle collided with the Hyundai of a Yonker's couple at 11:45 pm. The male driver died and the 63 year old female was taken away on a stretcher to a local hospital. Duah was not injured.

Duah's charge has been upgraded from a misdemeanor driving while intoxicated to a felony vehicular manslaughter.

Website Resources:

Charges upgraded in fatal Yonkers crash, Journal News, Leslie Korngold, December 29, 2009.

A seventy-one (71) year-old male pedestrian, Richard Jenson, was struck by an oncoming vehicle on Mamaroneck Avenue in Mamaroneck, NY on Saturday night, December 26, 2009. The driver of the vehicle, Peter Hand of Portchester, reportedly did not see Jenson until he stepped out into traffic. Jenson hit the vehicle's windshield and fell to the ground. He was taken to Jacobi Medical Center while unconscious for treatment of his injuries. At the time of this report, he is listed as in critical condition.

Police are still investigating the accident. There is no pedestrian crosswalk at that intersection. However, according to the police report, an eyewitness told police that Jenson "appeared to have no regard for oncoming traffic" when he was crossing.

Website Resources: Man, 71, hit by car, injured while crossing Mamaroneck street, Journal News, Aman Ali, December 29, 2009.

Hema Easley of the Journal News reports that two individuals were injured in a car accident in Valhalla (Westchester County) today, December 27, 2009 at approximately 6 pm. The motor vehicle involved reportedly swerved off of the road at the corner of Clovebrook Road and Stevens Avenue in Valhalla and collided with a house situated on that corner.

The driver and the passenger were injured in the accident and taken from the scene to Westchester Medical Center for treatment of their respective injuries. The car was totaled and the structure of the house was damaged.

Mount Pleasant Police are investigating the crash. Further details were not available regarding the cause of the accident or the extent of the injuries.

Leslie Korngold of the Journal News reports that 2 pedestrians were struck by a vehicle in front of the Greenburgh Police Department earlier today. The man and woman were crossing Tarrytown Road at approximately 9 am. They were reportedly crossing the street near Hillside Avenue where there is no crosswalk.

Immediately after the collision, they were transported to Westchester Medical Center for treatment of their respective injuries. Both pedestrians suffered injuries to the back and neck. The man was going in and out of consciousness.

The driver of the vehicle refused medical attention. The pedestrian accident is currently under investigation. The names of the parties involved have not yet been released.

A 45 year-old male reveler claimed that he slipped and fell on the defendant's sidewalk that was covered with snow and ice. Plaintiff contended that his fall was caused by snow that had been cleared and piled, which then melted, made its way back onto the sidewalk and re-froze (creating a hazardous condition). Defendant claimed that the plaintiff's drinking had caused the accident.

The fall occurred as plaintiff passed defendant's property, an outdoor parking lot on Ogden Avenue in the Bronx. As a result, plaintiff suffered a fracture in his foot that required surgical intervention. The plaintiff admitted that he had been drinking that night.

The Bronx jury awarded plaintiff $150,000.

According to a December 18, 2009 Journal News report written by Terrence Corcoran, six motorists from Westchester County, NY and Connecticut were charged with Driving While Intoxicated (DWI) on Thursday, including a Buchanan man charged with felony DWI due to two prior convictions for the same offense. The arrests were made along the Sprain Brook Parkway and Routes 9A, 22 and 35.

Section 1192 of the New York Vehicle & Traffic Law governs DWI offenses in the State. According to the statute, anyone driving a vehicle with a BAC of .08 or over is driving under the influence.

Below please find additional details regarding the DWI arrests:

Arthur T. Connolly, 36, of Buchanan was charged with driving while intoxicated (DWI) and with a blood-alcohol level greater than 0.08 percent Thursday at 6:22 p.m. on Route 9A. The charges are felonies due to two previous drunken-driving convictions within the past 10 years.

Nora A. Candelaria, 48, of Ridgewood, Queens, was charged with misdemeanor driving while intoxicated (DWI) at 2:30 a.m. on Friday on the Sprain Brook Parkway in Yonkers.

Joshua Rivera, 38, of Carmel was charged with misdemeanor driving while intoxicated (DWI) at 2:10 a.m. Friday on Route 35 in Somers. Police said his blood-alcohol level was 0.13 percent. He was ordered to appear Jan. 18 in Town Court.

James R. Garrison, 36, of Elmsford was charged with misdemeanor driving while intoxicated Friday at 2:05 a.m. on Welcher Avenue in Peekskill.

Paul R. Cabrera, 22, of Yonkers was charged with misdemeanor driving while intoxicated Thursday at 6:33 p.m. on the Sprain Brook Parkway in Greenburgh.

Christopher Murray, 40, of Newtown, Conn., was charged with misdemeanor driving while intoxicated Thursday at 2:30 a.m. on Route 22 in Lewisboro. His blood-alcohol level was 0.10 percent and he was ordered to appear in Town Court on Dec. 28, police said.

According to a Journal News report by columnist Hoa Nguyen, a 67-year-old woman from Mahopac, NY died a day after being injured in a motor vehicle accident on Sunday, December 13, 2009. The woman, Barbara Lawrence, crashed into a utility pole on East Main Street in Jefferson Valley, NY.

It is unclear what caused the accident. However, black ice and bad weather conditions resulted in numerous accidents in the New York and New Jersey area that day. Ms. Lawrence was transported to Westchester Medical Center for treatment of her injuries immediately after the crash. The results of the autopsy have not yet been reported.

According to a Journal News report by Rob Ryser, a 62 year-old pedestrian was struck by a vehicle on Wheeler Avenue in Peekskill, NY early yesterday morning. The cause of the Westchester County motor vehicle accident is currently unknown.

The pedestrian accident reportedly occurred at approximately 7 am at the intersection of Route 9 and Wheeler Ave. The name of the injured party has not been released. However, she was taken to Hudson Valley Hopsital for treatment of her injuries.

Continue reading "Westchester NY Pedestrian Accident Attorney Report: Peekskill Pedestrian Struck By Vehicle" »

A 78 year-old actress, Shami Chaikin, is in critical condition after being struck by a New York (NY) Parks Department garbage truck. Ms. Chaikin was riding a mobility scooter in the bicycle lane near her home in Greenwich Village (NYC) at the time of the accident.

The trucking accident occurred at approximately 9 a.m. Ms. Chaikin was immediately taken to St. Vincent's Hospital by emergency personnel where she underwent surgery. She is reportedly in critical condition.

Website Resources:

Actress, 78, run down on mobility scooter, Julia Dahl and Sill Sanderson, New York Post, November 6, 2009.

In the New York personal injury case, Conway v. New York City Transit Authority, 26-year-old Daniel Conway slipped and fell at a Queens (NYC) subway station. He fell on the second highest step of the stairs and suffered fractures of both ankles. He underwent surgery on both ankles a few months later. At trial, an expert surgeon also testified that Mr. Conway will need additional surgeries in the future.

The Queens County jury found that the stairway was not reasonably safe and that the defendant's failure to maintain the stairway caused the accident. They returned a verdict of $1,000,000 ($200,000 for past pain and suffering and $800,000 for future pain and suffering).

On appeal, the New York State Appellate Division, Second Department, upheld the amount of the verdict saying that "the jury's awards for past and future pain and suffering did not deviate materially from what would be considered reasonable compensation."

As reported by Aman Ali of the Journal News on December 9, 2009, family members of Michael and Guy Bastardi, have commenced a civil lawsuit stemming from the horrific Westchester County car accident on the Taconic that killed eight in the eary afternoon of July 26, 2009. A report of the Westchester County Medical Examiner indicates that Diane Schuler, the driver of the vehicle traveling the wrong way, was drunk and high on marijuana at the time of the crash.

Interestingly, the Summons & Complaint filed on behalf of the Bastardis alleges that they did not die instantly from the crash, but instead experienced significant pain and suffering prior to their respective deaths. The exact amount of time they claim to have survived has not been established. This fact will be crucial is assigning a value to this case because wrongful death damages in New York are limited.

The lawsuit also names Warren Hance, the owner of the van Mrs. Schuler was driving on the day in question.

A motorist trying to avoid an accident on I-95 in Mamaroneck, NY lost control of her vehicle and collided with a man changing his tire on the shoulder. Tragically, the impact of the crash severed the man's lower left leg. He was transported to Westchester Medical Center by emergency personnel.

The accident reportedly occurred south of exit 18A (Fenimore Road) at approximately 7:30 am. The northbound lanes were shut down for over three hours in order to facilitate the investigation.

No additional information regarding those involved in the crash was available at the time of this post.

Website Resources:

I-95 in Mamaroneck reopened after two crashes, one amputating man's leg, Journal News, Rebecca Baker, December 11, 2009.

Continue reading "White Plains Car Accident Attorney Report: Crash On I-95 In Mamaroneck Results In Loss Of Man's Leg" »

An illegal immigrant was recently awarded $135,000 by a Dutchess County, NY jury in a motor vehicle accident case. The plaintiff claimed he was struck from behind by a vehicle driven by the defendant. He allegedly sustained serious neck injuries including post-traumatic cervical myelo-radiculopathy, herniated nucleus pulposi from C3/4 to C5/6, and nerve root compression, as a result of the accident. The defendant driver contended that the plaintiff's injuries were the result of a prior accident. Summary judgment was granted in the plaintiff's favor on the issue of liability and the trial proceeded on the issue of damages only.

Plaintiff's neurosurgeon performed a decompressive laminotomy/facetectomy at C3/4, C4/5, and C5/6 and full laminectomy at C4 and C5. The treating neurosurgeon also provided testimony that the plaintiff's injuries were related to this accident, and not a prior condition. The jury awarded the plaintiff $135,000.

Plaintiff, Kathleen Groce, in a medical malpractice case in Kings County (NYC) Supreme Court was recently awarded $300,000 based on claims that her podiatrist's error resulted in the amputation of part of one of her toes. The surgeon, Dr. Bryan Makower, reportedly applied a tourniquet to Groce's ankles in order to create a bloodless operative field.

Groce claimed that the surgeon failed to properly remove the tourniquet resulting in ischemic damage that lead to the amputation of the toe. The surgeon asserted that he properly used the tourniquet and that Groce's injury was a known risk of the procedure.

Continue reading "NY Medical Malpractice Report: Brooklyn (NYC) Jury Awards Plaintiff $300,000 For Amputated Toe" »

Michael E. Getnick, President of the New York State Bar Association, recently submitted written testimony to the New York State Senate on the subject of medical malpractice reform. His testimony points out that over 100 thousand people die each year from unavoidable medical errors. He also speaks of several basic, yet important facts that seem to be overlooked by those in favor of wholesale medical malpractice reform:

1) The number of medical malpractice lawsuits has remained consistent in recent years. 4,318 medical malpractice suits were filed in New York State in 1998 compared with 4,195 in 2008.

2) No medical malpractice suit is filed without having a doctor's review of the facts supporting a conclusion that malpractice occurred.

3) If a frivolous lawsuit is filed, a judge can sanction the lawyer and dismiss the case.

4) If a jury awards too large an amount, a judge can reduce it.

5) The losing side can appeal a decision.

Getnick concludes, "We strongly urge that careful consideration be given to proposed changes to the law relating to medical malpractice, to ensure that they, in fact, would improve the system rather than impair access to the civil justice system, a system that was designed with several checks and balances to ensure that it is not easily abused. It is necessary for people to have adequate 'access' to the civil justice system, and to have the trust and confidence in the system which is essential to the operation of a democratic society. I respectfully urge that this be a primary consideration for you and your colleagues as you work on this important issue."

To read all of Mr. Getnick's testimony, please click here.

A study conducted by Quality Planning Corp., a California firm, found that out of all lines of work, lawyers and doctors are involved in the most car accidents. Overall, however, the most accident prone group is students, most likely due to their lack of experience behind the wheel.

The study found that for every 1,000 students, there are about 152 accidents and 87 speeding tickets per year compared to 109 accidents and 44 speeding tickets for doctors, and 106 accidents and 37 speeding tickets for lawyers.

Robert Sinclair, spokesman for AAA New York, made the following comment in trying to explain the group's findings, "These are professions that put in lots and lots of hours. Often fatigued driving can be a greater impingement on skills and abilities than alcohol."

In doing my part to keep the roads safe, I am off to bed.

Website Resources:

Students, doctors, lawyers most accident prone, report says, Journal News, Ken Valenti, December 7, 2009.

Suejas Estrada, a 30 year-old Bronx (NYC) dispatcher for a car service, died in a car accident on the Bruckner Expressway at approximately 1 pm Friday, December 4, 2009. She was reportedly on her way to pick up a present for her husband's birthday.

Mrs. Estrada was tragically thrown from her SUV in the three-vehicle accident. After being catapulted through her windshield, she fell 40 feet from the Bruckner Expressway near Amtrak train tracks in Hunts Point.

Tom Brokaw, formerly of NBC News, was driving the third vehicle involved in the crash. His driving was reportedly not the cause of the accident.

Estrada was reportedly speeding and swerved to avoid debris in the northbound lanes. She subsequently lost control of her vehicle, which caused the driver of a mail truck in the middle lane to collide with the median. Brokaw slid into the Postal Service vehicle that had crossed the median.

The driver of the Postal Service vehicle was taken to a nearby hospital for treatment of his injuries. Neither Brokaw nor his wife were injured in the accident.

Website Resources:

Tom Brokaw, wife involved in tragic Bronx car accident that left one woman dead, Daily News, Michael Jaccarino, Kevin Deutsch, and Will Cruz, December 4, 2009.

According to a Journal News report of December 3, 2009, Anna B. Werner, a 57 year-old Connecticut resident, was struck by a vehicle while crossing the street by the Purdy's, NY train station. The accident occurred at approximately 5:45 pm Tuesday after she came home from work. She was reportedly struck by a westbound 2002 Ford Explorer driven by Gabe Hohner of Mahopac. No charges are to be filed against Mr. Hohner.

Tragically, Ms. Werner died from her injuries after being transported to Danbury Hospital by emergency personnel.

The pedestrian accident reportedly occurred in a dark area along Route 116 where many commuters park. Investigator, Michael Davis, is quoted as saying, "It was dark in that location. The nearest street lamp was about 200 feet away."

Continue reading "White Plains, NY Car Accident Attorney Report: Commuter Dies From Injuries After Being Struck By Vehicle Near Northern Westchester Train Station" »

Robert Huestis, a 52 year-old sanitation worker in Lake Carmel, NY, suffered injuries to his ribs and chest when the sanitation vehicle he was driving slipped out of gear after he parking on a hill. He was reportedly exiting the vehicle when it began rolling down the hill. The door to the vehicle caught Mr. Huestis as he was exiting and dragged him approximately 30 feet until colliding with a tree.

He was taken to Putnam Hospital by Emergency Personnel. His injuries are reportedly not life threatening.

The Lake Carmel Sanitation Department is conducting an invesigation into the cause of the accident, specifically whether a mechanical malfunction resulted in the truck slipping out of gear.

Website Resources:

Sanitation worker in Lake Carmel dragged, hurt when parked truck rolls, Journal News, Terrence Corcoran, December 2, 2009.

Continue reading "Lake Carmel New York Sanitation Worker Dragged Thirty Feet After Sanitation Truck Slips Out of Gear" »

According to a December 1, 2009 Newsday report, a motorist died and a passenger was seriously injured in a car accident on Jericho Turnpike in Huntington, New York (Suffolk County). Scott Mazzio, the 19 year-old driver of the vehicle, a Huntington resident, died in the crash that occurred at approximately 2 pm yesterday. The passenger, Sarah Triola, was being treated at Huntington Hospital for her injuries.

According to police reports, Mazzio was driving east on Jericho Turnpike when he collided with an unoccupied, flatbed truck that was parked by the intersection of Jericho Turnpike and Warner Road. The owner of the parked, flatbed truck was reportedly issued two summonses for equipment violations after the accident.

Website Resources:

Driver, 19, killed, passenger hurt in Huntington crash, Newsday, John Valenti, December 1, 2009.

Continue reading "Suffolk County (NY) Motorist Dies And Passenger Seriously Injured In Jericho Turnpike Collision" »

The New York Appellate Division, Second Department recently held that a driver who has struck an intoxicated pedestrian can seek contribution from a bar or restaurant under the Dram Shop Act. O'Gara v. Alacci, 2009 WL 3047886, 2009 N.Y. Slip Op. 06668 (2d Dept Sept. 22, 2009).

Under the New York Dram Shop law, bar and restaurant owners owe the public a duty not to serve alcohol to anyone who is visibly intoxicated. In the O'Gara case, the Second Department reasoned that since the driver is a member of the "public", he or she may seek contribution from a bar that has breached its duty to refrain from selling alcohol to the visibly intoxicated.

Accordingly, if an accident is caused in part by a violation of the Dram Shop Act, a driver who strikes a pedestrian is permitted to seek contribution from the bar or restaurant for serving the visibly intoxicated pedestrian-plaintiff. However, the Court also held that the visibly intoxicated pedestrian-plaintiff is not owed a duty by the bar or restaurant, and as such, has no independent cause of action against the bar.