New York Injury Lawyers Blog

A Brooklyn hit and run accident left a father and his year old daughter injured in Bedford-Stuyvesant on Saturday afternoon. The father was attending to his daughter in her stroller when the livery cab was struck by another vehicle, causing it to jump the curb, crushing the pair against a fence outside of a convenience store. The driver of the cab fled the scene on foot, leaving his mangled car behind. The unnamed driver of the second vehicle stayed at the scene of the accident.

Both father and daughter were expected to recover. The livery driver was not immediately identifiable, however efforts were being made to determine his identity through the livery company.

In addition to the apparent liability for causing the accident, the livery cab driver will likely face criminal and/or traffic charges stemming from his decision to leave the scene of the accident. Although the injuries to the father and infant are unclear, a personal injury lawsuit or claim will follow. In such instances, it is important for the injured parties, their attorneys and or investigators to gather all pertinent information including photographs of the scene, police reports, relevant medical records, insurance information for the livery cab, etc. NYC cabs are required to carry a minimum of $100,000 in liability insurance coverage. Given the factual scenario here, this amount of insurance would likely fall short of fair compensation for the family.

An off-duty New York City Firefighter is facing multiple charges, including DWI and leaving the scene of an accident, after crashing into another car in the Bronx (NYC) on Thursday night. The firefighter was apprehended by police after leaving the accident, which occured on the Grand Concourse at approximately 10:30 pm. The motorists in the other vehicle reported minor back and neck injuries. The firefighter refused a breathalyzer upon his arrest.

Website Resource: Off-Duty Firefighter Charged With DWI After Accident

NY1, July 16, 2011

The New York State Appellate Division, First Department, determined that summary judgment was properly denied in a recent case involving a slip-and-fall accident. The Plaintiff, Sentina Brown, and a co-worker provided testimony to the effect that, at the time of the accident, Ms. Brown slipped in water, that no warning signs were in place, that it was not raining and no water was leaking from the ceiling, and that Defendant's employee was standing nearby with a mop and bucket.

Ms. Brown's co-worker further testified that he saw the management company's employee mop the lobby at around the time of night the accident occurred. The First Department held that this evidence presented triable issues as to whether the management company created the condition upon which Plaintiff slipped. Defendant's presentation of evidence about its general cleaning practices and the schedule of its employee was insufficient to overcome Plaintiff's arguments. The management company had taken the position that the employee did not mop the lobby until three hours after the accident.

If you or a loved one has been injured in a slip and fall accident, please contact the New York Personal Injury Attorneys at Gallivan & Gallivan.

Brown v. Simon Dev. Co., 83 AD3d 544 (2011 1st Dept.).

LA Lakers star forward, Lamar Odom, was a passenger in a car that struck and seriously injured a motorcyclist and a pedestrian in his hometown of Queens, New York, on Thursday.

A publicist for Odom's wife, Khloe Kardashian, told the New York Post that Kardashian was not with her husband a the time of the motor vehicle accident. A source close to Odom also told the Post that he was not physically injured in the accident, but was "shaken up."

The New York Police Department is reportedly investigating the accident. If you or a loved one has been injured in a motor vehicle accident, call the New York Accident attorneys at Gallivan & Gallivan.

Website Resource:

Report: Lamar Odom passenger in crash, Dave McMenamin and Ramona Shelburne, espn.com.

New York State Governor, Andrew Cuomo, signed a bill into law this week that allows police officers to stop and ticket drivers whom they see texting while driving. Texting while driving had already been a moving violation, however, prior to the new bill, police officers were only able to ticket the offending motorist if the officer had pulled the driver over for another reason. Drivers guilty of the violation of texting while driving can receive up to a $150 fine.

In March of last year, the federal government issued a ban on commercial truck drivers texting while driving. The fact that both the federal and state governments have recognized the inherent danger of texting while driving should make for safer roads for drivers and pedestrians alike.

In a recent New York medical malpractice case, Defendant Geneva Hospital's motion for summary judgment (dismissal) was granted by the Trial court. Plaintiff appealed and the Appellate Division, Fourth Department reversed. The Court reasoned that when seeking summary judgment in a medical malpractice action, it is the moving party's burden to disprove every allegation of departures from the standard of care allegedly committed by the defendant. Here, defendant hospital's expert failed to address several claims made in the plaintiff's complaint and bill of particulars.

The affidavit submitted by defendants' expert did not address several claims of negligence raised by the plaintiff in the amended complaint. Specifically, plaintiff alleged that the Hospital's failed to call a code and initiate cardiopulmonary resuscitation (CPR) in a timely manner. Defendants' own submissions suggested that there may have been a delay of 15 minutes between the discovery of decedent unresponsive in her hospital bed and the initiation of CPR. Defendant's expert failed to address this delay in his affidavit. Consequently, the Court denied that part of defendants' motion holding that the burden of proof never shifted to plaintiff and the motion should have been dismissed.

Humphrey v. Gardner, 81 AD3d 1257 (2011 4th Dept.).

The New York State Appellate Division, 4th Department recently held that a jury award of $500,000 for loss of consortium constituted a material deviation from reasonable compensation. The underlying basis for the claim occurred while the plaintiff-decedent was being treated for respiratory issues in an upstate hospital. Several unsuccessful attempts to intubate resulted in a punctured esophagus.

The decedent died from unrelated causes, however, she and her husband had initiated a medical malpractice suit prior to the decedent's death. A jury awarded $500,000 for pain and suffering and $500,000 for loss of consortium. A claim for loss of consortium arises when the injured party can no longer provide services customary in a marital relationship (ie. companionship, love affection, sexual relations),

The court ruled that the maximum amount of reasonable compensation for loss of consortium was $200,000, and as such granted a new trial for damages for loss of consortium only. In making this determination, the Appellate Court cited CPLR section 5501(c), which states, in relevant part, that "the appellate division shall determine that an award is excessive or inadequate if it deviates materially from what would be reasonable compensation." Because the Appellate Division in this case deemed that the $500,000 award for loss of consortium deviated materially from what would be reasonable compensation, it was within its powers to reverse the award and grant a new trial. If plaintiffs stipulate to reduce the award to the $200,000 that the court ruled reasonable compensation, a new trial would be avoided and the judgment modified for the specific damages.

Website Resource: LexisNexis

On June 25th of last year, New York Giants cornerback Chad Jones was involved in a car accident in New Orleans, breaking multiple bones in his leg and foot. The initial charge by the New Orleans Police Department was careless operation of a vehicle, but alcohol was not a factor.

After emergency surgery, doctors were able to save the young cornerback's leg. A lengthy rehabilitation followed the surgery with Jones progressing significantly as the months passed. Jones is now working toward a return to the Giants for the 2012 season. His perseverence throughout the first year of his recovery bodes well for his continued recuperation and return to football.

Last Thursday, a 20 year old Nazareth College student pleaded guilty to vehicular manslaughter after a January crash left a passenger in her car, Gabrielle Acevedo of Portchester, NY fatally injured. Although the students were driving in inclement weather on the night of the crash, the driver also admitted to drinking prior to the accident. Additional charges of vehicular assault and driving while intoxicated were dropped as terms of the plea deal accepted by the driver.

The defendant, a resident of Oswego near Syracuse, reportedly lost control on a snow-covered road and hit another car. The other motorist, Renee Broderick, survived serious injuries.

Website Resource: NY student to get 6-month sentence for fatal crash

AP, July 8, 2011

Seven pedestrians are recovering from injuries after they were struck by a car while exiting a central New York park following a fireworks show.

The Cayuga County Sheriff's Office reported that the pedestrian accident occurred at approximately 10:15 p.m. Sunday as traffic was leaving Emerson Park in Owasco. Deputies say a pickup truck driven by 19-year-old Adam Hurd of Auburn struck a Volvo driven by 19-year-old Tyrel Cochran of Skaneateles (skan-ee-AT-less), pushing the car into the seven unsuspecting pedestrians.

The injured individuals were taken to Auburn Memorial or University Hospital in Syracuse with back and leg injuries. Police say none of the injuries appeared to be life-threatening. The sheriff's office says the investigation is continuing and tickets for traffic violations may be issued.

The New York Pedestrian Accident Attorneys at Gallivan & Gallivan provide aggressive representation for those injured in car accidents throughout the State. Please see our website for recent results in accident cases.

Website Resource:

7 pedestrians struck by car after fireworks show, Wall Street Journal, Associated Press, July 4, 2011.

Debra Whiting, the co-owner of an upstate New York winery, has died after a car accident on the New York State Thruway near Montezuma, NY. Her husband was reportedly driving the vehicle at the time of the accident. State Troopers reported that 47-year-old David Whiting of Hector was moving into the passing lane when his car collided with another car, ran off the highway, rolled over and hit a tree in the Cayuga County at approximately 8:15 p.m. on Thursday.

Debra Whiting, fifty-two years old, was flown to a local hospital, where she later died. Her husband was treated for cuts. The other car also ran off the road and overturned. That driver was not reported injured, but his passenger was also treated for cuts.

Mrs. Whiting had opened the Red Newt Winery and Bistro in 1998. She was a chef recently filmed for an episode of the reality show "Chopped."

In the event that this car accident results in a lawsuit, the attorney for the Whitings will likely have to contend with the defendant's claims that it was Mr. Whiting's own negligence that caused the accident.

Website Resource:

Crash in upstate NY leaves Finger Lakes chef dead, Wall Street Journal, Associated Press, July 1, 2011.