New York Injury Lawyers Blog

A man from upstate New York recently suffered a serious leg injury when he was pinned between two vehicles after a motor vehicle accident on I-95 in New Rochelle. Three other men were also taken to Sound Shore Medical Center of Westchester in New Rochelle with a variety of injuries.

The multi-car accident began about 1:50 p.m. at Exit 16 when three vans from the same company were involved in a minor collision that blocked the left lane. The drivers reportedly stepped out of their vehicles and were standing in the road when a fourth vehicle, traveling at high speed, struck one of the vans.

A fifth vehicle drove up to the scene and became wedged between two of the original vehicles.

Joseph Russo, a 33 year-old Walden resident, who had been standing outside his vehicle, was severely injured when he was pinned between two of the vehicles. Angel Ortiz Rauda, a 31 year-old resident of New Rochelle, suffered a sprained wrist; Angelo Zaurdo, a 35 year-old Brooklyn resident, suffered minor injuries to his leg and arm; and Claude G. Vuley, a 35 year-old Washingtonville resident, suffered a broken pelvis.

I-95 was closed for approximately two hours while police completed an investigation.

Website Resource:

6-vehicle I-95 crash injures 4 in New Rochelle, Danielle De Souza, Journal News, June 29, 2010.

Two people were seriously injured in a car accident on the Long Island Expressway in New York yesterday. Both are in critical condition.

Police reports indicate that one vehicle was going the wrong way on the eastbound side of the expressway before colliding with a shuttle van at approximately 6 a.m. The accident occurred near the Kissena Boulevard exit. The van was empty except for the driver.

Both drivers were brought to the New York Hospital Medical Center of Queens in critical condition. Police are investigating the crash.

Website Resources:

NYPD: Wrong-way car slams shuttle van; 2 critical, Albany Times Union, July 5, 2010.

The Appellate Division, First Department of New York State in Dicturel v. Dukureh held that when plaintiff's vehicle is struck in the rear by defendant's vehicle, the front vehicle is entitled to summary judgment on liability, unless the driver of the following vehicle can provide a non-negligent explanation for the collision. In this matter, defendant claimed that plaintiff stopped short. However, this did not explain defendant's failure to maintain a safe distance from plaintiff's vehicle, and therefore was not enough to rebut the presumption that no negligence on plaintiff's part contributed to the motor vehicle accident.

Dicturel v Dukureh, 71 AD3d 558 (1st Dept. 2010).

According to a June 11, 2010 Journal News Report by Terry Corcoran, a 21-year-old Yorktown, New York man was charged with misdemeanor driving while intoxicated (DWI) after crashing his car in the early morning hours of June 10, 2010 in the Westchester County Town.

The 21 year-old has been charged with driving while intoxicated, a misdemeanor, speeding, failure to maintain lane and improper turn, all traffic infractions.

DWI, speeding and other traffic violations are leading causes of motor vehicle accidents and personal injuries in New York.

In a recent New York Personal Injury case involving an party injured in a car accident, the Second Department of the New York State Appellate Division reversed a Nassau County Trial Court's determination that plaintiff had not raised a triable issue of fact with resepct to the serious injury threshold.

The Second Department found that the affidavit of plaintiff's treating chiropractor sufficiently raised a triable issue of fact as to whether she sustained a causally related serious injury to her cervical and lumbar spine. The treating chiropractor, Dr. Duk Soon Park, opined that based upon his contemporaneous and most recent examinations of the plaintiff, her cervical and lumbar injuries were permanent and causally related to the motor vehicle accident.

Website Resources:

Kwak v. Villamar, 71 AD3d 762 (2d Dept. 2010)

A Brooklyn (NYC) jury returned a $10 million verdict in favor of an 80 year-old female, Josephine Pantano, who sustained a fractured neck and a fractured leg in a motor vehicle accident in May 2007. Both plaintiff and defendant motorist contended that the other ran a red light causing the collision. The jury sided with the plaintiff.

The verdict included $5 million for future pain and suffering and $2 million for future medical expenses. The defense argued that not only did Pantano cause the accident, but that she is now completely healed.

Website Resource:

VerdictSearch.com, June 3, 2010.

According to a May 12, 2010 Journal News report by Leslie Korngold, a Rye Police Officer, Angelina Santo, was injured in a car accident when her cruiser was stopped at a red light at the intersection of Boston Post Road and Purdy Avenue. Officer Santo was reportedly struck from behind by a Lexus RX330 SUV at approximately 3:50 p.m.

The officer was treated at Greenwich Hospital for back and neck pain and released.

The driver of the SUV was not injured. Local police reported that an accident report had not been completed. Officer Santo is expected to miss a few weeks of work due to her injuries.

Former New York Yankee catcher and pinch-hitter, Jim Leyritz, has settled the combined personal injury and wrongful death lawsuit filed by a Florida family stemming from a December 2007 car accident. Leyritz was allegedly driving under the influence of alcohol when he struck Freida Ann Veich's vehicle. Ms. Veich was a mother of two.

As part of the settlement, Leyritz will reportedly pay the family $250,000 up front, as well as $1,000 a month for 100 months. Leyritz is still awaiting a criminal trial on charges of manslaughter.

Website Resource:

Former New York Yankee Jim Leyritz settles civil suit stemming from fatal 2007 car accident, Daily News, Christian Red, May 26, 2010.

A one-car motor vehicle accident in Pearl River, NY resulted in a severed leg and other life-threatening injuries yesterday. The injured party, an unidentified 15-year-old boy, was riding in the passenger seat of a 2002 Honda Accord when the car reportedly made contact with a guardrail, went off the road, rolled down a thirty-five foot embankment before coming to rest in a streambed between the Hilton Pearl River and Blue Hill Road.

The identities of the driver, a 17 year-old, and the injured 15 year-old, have not been released. According to reports from EMS personnel, the boy suffered internal bleeding and traumatic chest injuries and had lost a significant amount of blood. He was in shock when emergency teams arrived. He was transported to Nyack Hospital by the South Orangetown Ambulance Corps and Rockland Paramedics.

The car accident occurred at approximately 3:30 pm.

Website Resource:

Teen's leg severed in Pearl River crash, Journal News, James O'Rourke, May 4, 2010.

A Brooklyn (NYC) cab driver was reportedly drunk when he struck and killed a pedestrian. The 36 year-old driver has been charged with DWI and Vehicular Homicide.

The victim, a 50 year-old male, was crossing W. 6th Street and Avenue O in Gravesend at approximately 6:45 pm on January 1, 2010. The driver reportedly had the green light. However, if it is proven that the driver was intoxicated at the time of the accident, he or his company could still be found civilly liable for the pedestrian's pain and suffering and wrongful death.

Website Resource:
Brooklyn cabby in 'DWI' kill Mows down man, NY Post, Christina Carrega and Time Perone, January 2, 2010.

Recently a New York State trooper was injured in a car accident on the Taconic Parkway when his cruiser was struck by a sport-utility vehicle. The out-of-control SUV hit the cruiser, which then struck a parker flat-bed truck. The New York State trooper was sitting in his vehicle while investigating the scene of an earlier accident near the Route 100/9A exit.

The trooper was taken to Westchester Medical Center for care. He reportedly suffered "substantial" injuries. The truck driver suffered a back injury and the SUV's driver sustained minor injures.

Resource:

Trooper Injured in Taconic accident, Journal News, Danielle De Souza, February 27, 2010.

Two Westchester County, NY residents were charged with Driving While Intoxicated (DWI) after their involvement in unrelated accidents. Debra Heyde, a 49 year-old Yorktown woman, was charged with misdemeanor Driving While Intoxicated (DWI) on March 6, 2010 after her car struck a utility pole on Greenwood Street. She was also charged with various traffic violations. She is due in Town Court on April 8.

John A. Briggi, a 52 year-old male Yorktown resident was charged with misdemeanor Driving While Intoxicated (DWI) Friday, March 5, 2010 after his car hit a tree on Andre Place and reportedly drove off. Officers caught up with him a short time later and also charged him with leaving the scene of an accident, a traffic violation. He is due in Town Court on April 6.

Website Resource:

Yorktown woman, man charged with DWI after accidents, Journal News, Terence Corcoran, March 10, 2010.

An SUV driven by a 72 year-old NYC churchgoer was involved in a car accident that killed one and injured four Sunday, March 8, 2010, in Brooklyn. The accident occurred in the Gravesend Section in a park by the AHN Presbyterian Church.

40-year-old, Sung Won Cho, reportedly died of her injuries at the scene. Cho, the owner of a Manhattan nail salon, is survived by a husband and two sons, aged 8 and 10. Witnesses said the boys may have seen the accident.

The four people injured by the Mercedes SUV have been identified as two women, a 10-year-old girl and a 15-month old boy. All were transported to a nearby hospital for treatment of their injuries. Police report that their injuries are not life-threatening.

The identity of the driver has not been released.

Website Resource:

Car Mows Down Five in Brooklyn Church Parking Lot, 1010 Wins, Sonia Rincon, March 9, 2010.

Two New York Metropolitan Transit Authority (MTA) officers were struck by a speeding car while stopped at a red light on February 25, 2010.

The motor vehicle accident occurred around 6 a.m. when a 37 year old male resident of Rye made a left turn on Boston Post Road onto Purdy Avenue. He crossed the yellow lines and struck the front of the stopped police vehicle.

The man was ticketed for speeding and disobeying a traffic control device for crossing the double yellow lines.

The officers were taken to White Plains Hospital complaining of pain in their lower legs.

Website Resource:

Two Transit Cops Hurt in Rye Car Accident, Journal News, Leslie Korngold, February 25, 2010.

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.