Articles Posted in Negligent Supervision

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Cindy Frey, the widow of late Eagle’s co-founder Glenn Frey, has filed a wrongful death lawsuit against Mt. Sinai hospital and physician Steven Itzkowitz. The lawsuit alleges the hospital and doctor were negligent in failing to properly diagnose and treat the health conditions that led to his untimely death in January 2016. Frey died at the age of 67 from complications resulting from rheumatoid arthritis, acute ulcerative colitis, and pneumonia, according to The Rolling Stone.

glen-frey-wrongful-death-300x158According to the lawsuit, Glenn Frey was under the care of the Upper East Side hospital and Dr. Itzkowitz between October 2015 and November 2015. The lawsuit alleges that a competent doctor, acting in similar circumstances, would have diagnosed and promptly treated the Eagles co-founder’s “ulcerative colitis and associated symptoms.” Ulcerative colitis is a form of irritable bowel disease. Further, the lawsuit filed in New York Supreme Court, the lowest court in the Empire State, a competent doctor would have assessed Frey’s respiratory problems – the ultimate cause of his death. Dr. Itzkowitz, according to the lawsuit, did not properly check for the problems, diagnose the infection, or hospitalize him. Continue reading

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food-safety-272x300A new lawsuit has been filed against Bartaco, the Port Chester restaurant responsible for a Hepatitis A outbreak last October. The lawsuit marks the fourth against the popular Westchester restaurant, including one class action lawsuit. All lawsuits seek unspecified remuneration for damages relating to the negligence of the restaurant.

Last October, a Westchester couple began experiencing fatigue, fever, abdominal pain, diarrhea and poor appetite. A blood test confirmed the Yonkers couple had been exposed to Hepatitis A, a generally mild and short-lasting illness. After several other Westchester residents also tested positive for the illness, the Westchester County Department of Health pinpointed Bartaco as the cause. Stating at the time that “people have a right to expect that the food served to them at a restaurant is safe to eat” and noting that simple hand-washing is generally sufficient to prevent the spread of the illness, Westchester County began to notify the notify patrons of the popular restaurant.  Continue reading

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opioid-300x172Westchester County joins a growing list of states and municipalities suing the manufacturers and distributors of highly-addictive opioid medications, according to LoHud.com. The medication, once falsely marketed as a long-term solution for chronic pain, has ensnared communities across the nation as users became addicted and graduated to cheaper drugs, such as heroin, or more powerful – but legal – drugs, such as fentanyl. According to the New York State Department of Health, 143 Westchester and Rockland residents died of an opioid overdose in 2016 – an increase from 110 in just one year. Importantly, this estimate includes legal opioid-based drugs as well as illegal opioid drugs, such as heroin.

The Westchester lawsuit alleges that the makers of opioid-based medications, such as Percocet, Vicodin, and Oxycontin, intentionally misled the public about the dangers of the drugs, including the addictive potential. The makers and distributors of these drugs marketed the medication as a safe, long-term solution to chronic pain, with the knowledge that addiction and dependency were likely to follow for Americans prescribed these drugs. This reckless behavior is the center of Westchester County’s lawsuit against drug companies. Continue reading

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Two New York City hospitals are being sued for the damages caused by the release of allegedly dangerous patients from their psychiatric wards. In the past month, two lawsuits have been filed against New York City hospitals alleging that the hospitals behaved in a negligent or careless manner when they released dangerous patients into the tri-state area. These patients then went on to physically attack the plaintiffs in the lawsuit.

subway-push-victim-300x200The first case involves Bellevue Hospital in Manhattan, where a Queens man is suing the hospital after one of its patients pushed her husband in front of a subway car last year. Tragically, the man’s wife died as a result of the fall. According to the lawsuit, Bellevue never should have released the patient, Melanie Liverpool-Turner. Liverpool-Turner, a diagnosed schizophrenic, was allegedly ranting about killing transit riders while on an involuntary psychiatric hold at the hospital, according to filings with a Manhattan Supreme Court. Continue reading

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bronx-fire-300x198A month after one of New York’s deadliest fires in a quarter-century killed 13 people, the survivors and their families have sued the city. Eleven of the victims are seeking a combined $110 million from the Administration for Child Services Department (ACS) alleging that the mother of the child was known to the city’s welfare agency for her neglectful parenting, according to court documents. The victims allege that because the welfare agency knew of the mother’s subpar parenting skills, they should have taken steps to either remove the child from the mother or otherwise protect the residents of their building.

On December 27, 2017, a three-year-old child was playing with the fire that came off the stove-top burner when the deadly fire supposedly erupted.  According to the lawsuit, the child began playing with the knobs on the stove in the kitchen after his mother left him and his two-year-old sibling to watch TV while she took a shower. According to authorities, the mother said this was not the first time her son had played with the stove. Continue reading

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A mishap in a New York City high school’s science lab ended up sending four students to the hospital. St. Catharine Academy, an all-girls Catholic school in the Bronx, said that an experienced chemistry teacher was performing an experiment to teach students how an atom “goes from ground state to excited state,” according to the New York Times.

The president of the school, Sister Patricia Wolf, played down the incident, saying “The flame got a little larger than was anticipated, and several students who were near the flame were singed.” According to Sister Wolf, all the injuries were minor and students were mostly “singed” on their hands and possibly their neck.

The Fire Department, injured students, and their parents tell a different story. According to the Fire Department, two of the students had injuries that were classified as “serious.” Continue reading

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One of the highest-paid surgeons in the United States was hit with two lawsuits alleging that the doctor was not performing his own surgeries.  According to the lawsuit, Dr. David Samadi, the head urologist at Lenox Hill Hospital in Manhattan, routinely allowed medical residents, who are still in training, and other doctors to perform the surgeries. According to the lawsuit, Dr. Samadi may have left up to 1,000 of his patients in the hands of another, less-skilled doctor or resident.

According to Dr. Samadi, the surgeon was merely “double-booking” his surgeries, a controversial practice where the surgeon is not present for an entire surgery. Instead, he or she “delegates” portions or sections of the surgery to another medical professional. According to an analysis of hospital records, Dr. Samadi has performed 2,182 urologic surgeries since began working at Lenox Hill Hospital in 2013. A full 70 percent of these surgeries overlapped with another surgery. The New York Post reports that on a single day in 2014, the doctor “performed” eleven surgeries, and all but one overlapped. Continue reading

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Slip and fall accidents are an unfortunate, common occurrence and can sometimes lead to serious injuries. While determining who is at fault in a slip and fall accident can depend on several different factors and circumstances, there are a few guideposts to help you determine who may be responsible for your damages.

In short, whoever behaved “unreasonably” will be at fault. The long explanation, however, is predictably more complicated. Recognizing that the world is an unsafe place, the law does not exclusively assign guilt to one person or company in every circumstance. Instead, it expects everyone to behave in a reasonable manner.

slip-and-fall-1So, what is “unreasonable” behavior under the law? The best way to explain this is with an example. Imagine that you are working in a restaurant and you see someone slip on a drink that has been spilled on the floor. Now imagine that the drink was spilled an hour ago and numerous restaurant workers passed by and did nothing. Also, the person that slipped? He is a nine-year-old child. It seems obvious that the restaurant behaved unreasonably when it did not fix the problem it clearly was aware existed. Continue reading

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Brooklyn’s Barclay Center has seen at least four lawsuits concerning the seats in Brooklyn’s most famous sports arena. The seats in the so-called “nosebleed” section are usually the cheapest, and now, according to lawsuits, also the most dangerous. Apparently, the steps are so steep that people are prone to miss a step and come crashing into other concert-goers or sports fans. The problem, generally compounded by drunken fans or concert attendees, has spurred four lawsuits against the arena.

The problem first came to the attention of Barclay’s Center almost as soon as the arena opened. During one of the high-profile Jay-Z concerts that inducted the new arena in 2012, Sara Smith of Manhattan sued the facility after a drunken man walking on the steps behind her lost his footing and fell on top of her. This “sent her flying.”

fall-down-steps-300x169According to a court transcript obtained by the New York Post, Smith told the court, “My face struck the railing. My legs were all bruised, and you know, everything hurt at this point, so I didn’t know what I had broken. I was just really scared.” Smith ended up with a broken wrist and settled the case out of court for an undisclosed amount. Continue reading

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The Metropolitan Transit Authority, responsible for running New York City’s subways and buses, is attempting to dodge responsibility and pin a $30-million award on a homeless man.

In 2012, Naeem Davis, described as “homeless” and “a drifter” by the New York Post, pushed Ki Suck Han in front of a subway train. Arguing that he was only defending himself, Davis was acquitted by a jury just last year. Notably, Davis was too poor to afford an attorney for the murder charge.

bus-300x175Still looking for justice, Ki Suck Han’s family then went after the Metropolitan Transit Authority. The family filed a “wrongful death” lawsuit against the state agency. In short, the family argued that the train operator should have stopped earlier, before Davis had the opportunity to push Han in front of the Q train. According to the family’s attorney, “Just because someone is on the tracks, you can’t run them over and kill them and say it’s not our fault. Davis pushed him, Transit killed him.” Continue reading

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