New York Injury Lawyers Blog

New York Governor, David A. Paterson, recently signed a new law making it a felony in New York to drive intoxicated or while under the influence of drugs with a child in the vehicle. The Governor signed the Child Passenger Protection Act, known as Leandra's Law in honor of the 11-year-old Leandra Rosado, who was killed in a drunken driving accident in October 2009.

Under the new law, first-time offenders while under the influence of drugs or with a blood alcohol content of .08 or more, with a child age 15 or under in the vehicle, will automatically have their drivers license suspended and will have to install an ignition interlock device in their vehicle. They may also be charged with a Class E felony punishable by up to four years in prison.

Intoxicated drivers who cause serious injury to a child may be charged with a Class C felony punishable up to 15 years in prison, and drunken drivers who cause the death of a child will be charged with a Class B felony punishable up to 25 years in prison.

In addition, parents caught driving impaired with their children will be reported to the Statewide Central Register of Child Abuse and Maltreatment.

According to Governor Paterson, Leandra's Law will be an accumulation of the toughest DWI penalties in the nation and will provide law enforcement officials with the tools they need to prosecute DWI offenders.

New York has now joined 35 other states that have child endangerment laws imposing tougher DWI sanctions, and is now the 13th state to require mandatory interlock ignitions in vehicle for DWI offenders.

In the accident case, Park v. City of New York, a New York County jury found the defendant liable for injuries suffered by plaintiff on a construction site. The plaintiff suffered a fractured wrist, a fractured elbow/arm, and underwent multiple surgeries with the potential for additional surgeries. He still experiences pain and has a limited range of motion.

The jury returned a verdict in favor of the plaintiff for $2.3 million, which included $1,500,000 for past pain and suffering and $800,000 for future pain and suffering.

On appeal, the First Department affirmed the Trial Court reduction of the verdict to $1,000,000 ($600,000 for past pain and suffering and $400,000 for future pain and suffering.)

The First Department based its decision on several previous cases where the plaintiffs reportedly suffered similar injuries.

On July 17, 2008, a 50-year-old New Rochelle, NY dad, William A. Furelle, drove drunk with his three daughters in the car. While taking the three children ages 5, 9, and 10 to dinner, Furelle injured an 11-year-old bicyclist on Storer Avenue in Pelham.

The young child hit the van's windshield, and he suffered injuries to his shoulder. Furelle plead guilty to a misdemeanor driving while intoxicated (DWI) and one count of child endangerment in exchange for probation and the revocation of his driver's license. Furelle will be able to apply for a conditional license to travel to work. Furelle was not charged with a felony because his crime took place prior to the institution of Leandra's Law.

Website Resource:

DWI dad pleads in Pelham bicyclist accident, Journal News, Leslie Korngold, February 5, 2010.

This NY Car Accident lawsuit in New York County involved a 30 year-old plaintiff who worked as a mover. On the date of the accident, he was standing next to the rear of the moving truck when the defendant driver struck a middle car in the rear and propelled it into the plaintiff.

The plaintiff suffered a fractured tibia and a severe degloving injury to the calf muscle. The degloving caused profuse bleeding at the scene and necessitated multiple surgical interventions, including 14 debridements, a muscle flap procedure, two skin grafts, and an ankle fusion.

The plaintiff is a candidate for a below-the-knee amputation, which he has refused to date. The driver of the middle car was also named as a defendant. His motion for Summary Judgment was granted as was the plaintiff's motion for Summary Judgment on liability against the driver who struck the middle car. The case would have been tried on damages only.

This matter settled prior to a trial on damges for $4,900,000.

Mother of two, Julie Stratton, was killed last month when a big rig hit her disabled car in Buffalo, NY. Authorities now believe that truck driver, Thomas Wallace of Brook Park, Ohio, collided with the 33-year-old woman's car because he was watching pornographic material as he drove.

The 45-year-old truck driver is being held in the Genesee County Jail in Buffalo, NY and is charged with 2nd degree manslaughter. Authorities also believe that Wallace violated Federal-trucking rules by sleeping no more than 4 of the 27 hours before the crash occurred.

Straton's car was pulled over to the side of the road because she had hit a deer and stopped to call 911 for assistance.

Website Resources:

Police: Trucker viewed porn before fatal NY crash, Washington Post, January 27, 2010.

A New York trucking accident took the life of 31-year-old Jill E. Mattice, a 6 1/2-year veteran of the Oneonta State Police. Officer Mattice was pronounced dead at the scene after colliding with a tractor-trailer.

The truck was driven by 33 year old F.M. Saggese of West Oneonta. The investigation into the crash remains open.

Website Resources:

State Trooper killed in collision with truck, WKTV, January 20, 2010.

Elmhurst Hospital Center has issued a report stating that the number of people struck by vehicles during 2009 in certain sections of Queens is on the rise. Over the past few years, the number of pedestrian injuries has increased. In 2007, 215 injuries were reported and in 2008, 240 injuries were noted. In 2009 the number reached a 10-year high with a reported 256 pedestrian injuries reported.

Certain areas in Queens seem to be more problematic than others. These include Queens Boulevard and 63rd Drive, Roosevelt Avenue near 64th and 69th Streets, and
Northern Boulevard near the BQE. The 2nd Annual Pedestrian Injury Summit was held at Elmhurst Hospital Center in and effort to solve this problem. Medical, transportation, and law enforcement specialists joined community members to generate ideas to remedy this growing problem.

Website Resources:

Elmhurst Hospital Center study shows number of people struck by vehicles in Queens is on rise, Daily News, Lisa Colangelo, January 22, 2010.

A January 29, 2010 construction accident in New York remains under investigation. Robert Fitzgerald, a 55-year-old North Arlington man, fell from the Wittpenn Bridge at around 4:30 am. Fitzgerald who worked for CSX Rail Line is believed to have lost consciousness after the fall as a result of hypothermia.

When rescue workers found Fitzgerald's body, they took him to Jersey City Medical Center where he died some hours later.

Website Resources:

Worker dies after fall from Jersey City bridge, Journal News, January 31, 2010.