October 2010 Archives: New York Injury Lawyers Blog

October 2010 Archives

October 23, 2010

White Plains NY Pedestrian Accident Lawyer Report: Elderly Driver Strikes And Kills Pedestrian In Yonkers

An elderly driver struck and killed a pedestrian near Yonkers Avenue in Yonkers, NY last week. The accident occurred at approximately 7 p.m. on October 21, 2010 at the intersection of Yonkers Avenue and St. John's Avenue. Yonkers Avenue was closed for a few hours while police investigated.

The pedestrian accident resulted in the death of a middle-aged man who was engaged to be married. His fiance appeared on News 12 calling for the implementation of an age limit on drivers in New York.

Website Resource:

Man Struck, Killed By Car In Yonkers, Journal News, Danielle De Souza and Will David, October 21, 2010.

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Posted In: Pedestrian Accidents , Wrongful Death

October 12, 2010

New York Accident Attorney Report: Two Pedestrians Killed In Car Accidents Over The Weekend In NYC

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Two pedestrians were killed in car accidents in the New York area over the weekend.

NYPD detectives are investigating whether a New York City fireman was driving a sport utility vehicle that struck and killed a 25-year-old pedestrian in Brooklyn (NYC) Sunday morning of October 10, 2010. Manuel Tzajguachiac was struck by a BMW SUV as he walked near the corner of 65th Street and 20th Avenue in Bensonhurst, Brooklyn. He was reportedly transported to Lutheran Hospital, where he was pronounced dead.

The SUV was later found abandoned on East 9th Street in Midwood, Brooklyn. A source within the NYFD reported that Pat Quagliariello, 39 years old, walked into the 62nd Precinct at about 4:00 a.m. and identified himself as the owner of the vehicle and informed police he was retaining a lawyer. He was reportedly released as police continued to investigate the accident.

In the second accident, Dario Digiano, 21, of Belleville, N.J., was pronounced dead at Beth Israel Hospital after he was hit by a small delivery truck while walking on Morton Street near West Street in Lower Manhattan. Detectives were searching for the truck and its driver after the accident. No arrests have been made.

Website Resource:

Fireman Probed in Brooklyn Car Death, Wall Street Journal, Tamer El- Ghobashy, October 11, 2010.

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Posted In: Pedestrian Accidents , Wrongful Death

October 2, 2010

White Plains Personal Injury Attorney Report: First Department Overturns $3.5 Million Verdict In New York Subway Accident Case

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The New York Appellate Division, First Department, recently overturned a $3.5 million verdict in a train accident case. The jury in the case returned a verdict in favor of an intoxicated 22-year-old whose foot was severed after falling on a subway track. The train operator testified that he saw what looked like garbage on the tracks from a distance away, but as the train proceeded, he realized it could have been a person. Once he realized it could be a person, he applied the emergency brake.

Plaintiff and defendant called experts who testified regarding subway train procedures, stopping distances, and reaction time. At the close of evidence, both sides move for directed verdict. Both applications were denied. The jury apportioned fault 65% to defendant and 35% to plaintiff. Defense counsel moved to set aside the verdict, which was denied.

On appeal, the First Department overturned the verdict as being based on insufficient evidence as a matter of law. Plaintiff's expert reportedly testified based on an "average reaction time" of one second. The Court reasoned, "...in determining that the defendant's train operator failed to exercise reasonable care because he could have stopped, the jury improperly equated negligence with possession of the motor skill that is essentially a reflex action."

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