High winds toppled a construction scaffold in Fort Greene, Brooklyn this morning, killing one and injuring another. The dead worker, Jose Palacios, was thrown from the 13^th floor.

The N.Y.C. Department of Buildings sent out notices warning of high winds.

Commentary: There is, apparently, a question as to whether the scaffold was secured properly.

There is, apparently, a question as to whether the scaffold was secured properly.

From: New York lawyer Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)

New York lawyer Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)

Names will be changed to protect the stupid. Plaintiff A.W. sued New York University because he was play-wrestling with another student and was pushed into a kiddie pool filled with jell-o, injuring himself. This was after he had already been pushed into the kiddie pool, climbed out of the pool, and removed his cell phone and wallet from his pants pocket.

The jell-o pool was part of a student organization’s Beach Bash Event, which A.W., an officer of the student organization sponsoring the event, helped plan.

Even though a D.J. videotaped the whole mess, A.W. sued N.Y.U. for One Million ($1,000,000) Dollars.

Rightfully, Manhattan judge Carol Edmead threw out the case, holding that N.Y.U. had no duty to protect A.W. from the actions of his fellow students and, perhaps more to the point, that A.W. assumed the risk of his own horseplay.

For anyone who cares, this Manhattan (New York County) case carries index number 114439/2005; a copy of the decision can be gotten off the Internet, from the N.Y.S. Courts’ official website: www.courts.state.ny.us

Commentary: I’m slightly embarrassed that some law firm even brought this case.

I’m slightly embarrassed that some law firm even brought this case.

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)

New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)

January 27, 2008

Queens lawmakers are calling on Con Ed to step up plans to replace its outdated infrastructure – after a fatal explosion in November.

Councilman Eric Gioia and Assemblyman Michael Gianaris say the utility has been slow to replace aging cast iron pipes despite a 1992 federal directive. Gioia says at its current rate, the remaining 2,500 miles of pipe won't be completely replaced until 2070.

"Con Edison knows what lies beneath the ground," said Gioia. "Year after year they come forward and they ask for rate increases so they can fix their infrastructure. The question that every New Yorkers has to ask is, ‘Where has the money gone?’ Why has it taken Con Edison so long to replace cast iron pipes?"

A natural gas explosion in Sunnyside left one person dead in November. Gioia wants the Public Service Commission to force Con Ed replace all the cast iron piping within the next ten years.

A Con Ed spokesman says the company has an aggressive gas main inspection and replacement program in place.

Top News • NY1 Living

Commentary: This from New York 1.

From: New York lawyer Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)

New York lawyer Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)

Wall Street millionaire executive George Anderson was charged with vehicular manslaughter, criminally negligent homicide and driving while intoxicated Friday after his Mercedes SUV allegedly blasted Florence Cioffi, 59, into the air while she was crossing the street in Manhattan. He sped away then came back, but refused to submit to a Breathalyzer test.

The accident happened at around 11 P.M. Anderson was heading home to Long Island from a New York Rangers game at Madison Square Garden. Cioffi, of Gerritsen Beach, Brooklyn, had been to dinner with friends.

Anderson was arraigned and released on $250,000 bail.

Cioffi was pronounced dead at New York Downtown Hospital. She was a secretary at the accounting firm Frankel & Co., who escaped death in the World Trade Center tragedy of 9/11, having gone out for coffee just before the first plane struck.

Commentary:  Anderson may be claiming that Cioffi was jaywalking–no defense to the charges he faces, which potentially carry serious jail time.

  Anderson may be claiming that Cioffi was jaywalking–no defense to the charges he faces, which potentially carry serious jail time.

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)

New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)

At about 5:00 A.M. an SUV drove over a guardrail and landed on the Cross Bronx Expressway, killing the driver.

The SUV landed on its side in a crush of metal. The driver was taken to St. Barnabas Hospital, where he was pronounced dead.

Part of the railing also crashed onto the Expressway and slammed into a car driven by 49-year-old Gabriel Nieves.

"Out of the corner of my eye, I saw a car coming pretty fast," said Nieves. "It punched the railing. It just about took my car out."  The railing penetrated his front passenger tire and tore off his front bumper. No word if he was injured.

Police are still investigating the accident’s cause. The driver is unidentified pending notification of his family.

Commentary: There are unofficial reports that the dead driver may have been drunk.

There are unofficial reports that the dead driver may have been drunk.

From: New York lawyer Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)

New York lawyer Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)

Three people were injured in a house fire shortly before 1 a.m. at a house on 131st Road in Richmond Hill, Queens.

Three residents were brought to local hospitals.

Officials say crowded conditions inside the house complicated efforts to put out the flames.

Commentary: This neighborhood is known for illegal occupancies; putting extra families in houses zoned for one or two family living.

This neighborhood is known for illegal occupancies; putting extra families in houses zoned for one or two family living.

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)

New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)

A stolen 1995 Altima collided with a N.Y.C. Medical Examiner’s van at around 3 A.M. this morning, near 44th Street and Fort Hamilton Parkway in Borough Park, Brooklyn. The van was flipped over and it ripped out a light pole.

The driver of the Altima was pronounced dead at the scene. One passenger was taken to Maimonides Hospital where she died. Three others were injured.

Residents say the intersection is notoriously dangerous.

Commentary: One wonders how many accidents there have been at this intersection recently. Maybe it doesn’t matter how dangerous an intersection is, if a driver is joyriding and speeding in a stolen car.

One wonders how many accidents there have been at this intersection recently. Maybe it doesn’t matter how dangerous an intersection is, if a driver is joyriding and speeding in a stolen car.

From: New York lawyer Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)

Yesterday afternoon a 13-year-old boy went for a short joy ride on a forklift and flipped it over, crushing himself to death.

The boy, Kevin Hrcka, of Maspeth, Queens, had gone to Miron Building Supplies at 10-45 Irving Ave. in Bushwick, Brooklyn, to meet his father, Rob Hrcka. While his father went inside to change clothes, the boy climbed atop a parked forklift - with keys left in the ignition - and began driving.

Commentary: Apparently, the area where the forklift was parked is off-limits to children and non-employees. Still, it’s hard to understand why the keys were left in it.

Apparently, the area where the forklift was parked is off-limits to children and non-employees. Still, it’s hard to understand why the keys were left in it.

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)

New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)

Three Guatemalan immigrants were killed in a fire shortly before 7 A.M. this morning on the second floor of a building on 18th Avenue near New Utrecht Avenue in Bensonhurst, Brooklyn.

Three of them were pronounced dead at local hospitals. Police say the fourth is in critical condition. Investigators say one of the victims tried to escape by jumping from the building. It’s not clear if they died from burns or smoke inhalation.

The victims were taken to Coney Island Hospital, Lutheran Medical Center and Staten Island University Hospital.

Some of the victims may have been asleep when the blaze broke out. Fire marshals are investigating to determine the cause of the fire.

Commentary: I’m guessing that there were no working/properly placed smoke detectors – otherwise residents usually have time to escape a fire. Working. Smoke. Detectors. Work!

I’m guessing that there were no working/properly placed smoke detectors – otherwise residents usually have time to escape a fire. Working. Smoke. Detectors. Work!

From: New York lawyer Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)

New York lawyer Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)

A N.Y.C. fire truck answering a false alarm slammed into the rear of a Post Office tractor-trailer, leaving the postal employee seriously hurt. A yellow taxi minivan struck the two trucks.

The accident occurred yesterday at approximately 3:15 p.m. at North Conduit Avenue and 225th Street in Queens. Eight people were injured, including five firefighters.

The tractor-trailer driver, is in serious condition at Jamaica Hospital.

The firefighters were also taken to Jamaica Hospital; the taxi driver to Mary Immaculate Hospital.

Commentary: The fire truck was going to false alarm. What a waste.

The fire truck was going to false alarm. What a waste.

From: New York lawyer Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)

New York lawyer Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)

A van carrying Manhattan’s Stuyvesant High School girl’s junior varsity track team overturned on a Vermont Highway on January 15^th. One team member was paralyzed. The team’s coach, Erin Taylor, age 29, was driving and was injured along with several team members.

The van was traveling north on Interstate 91 Saturday night when it veered onto a median and rolled over near the Interstate 89 junction. The vehicle stopped on its side, and motorists stopped and helped hold it in place, preventing it from rolling over again.

Apparently, the team was on its way to a race-walking competition at Dartmouth College.

Commentary: I’m wondering if everyone was wearing seatbelts. In my experience, passengers do not get badly hurt if they’re wearing seatbelts, even in a roll-over-type accident. For generl information see FREE special report, CATASTROPHIC INJURIES: Paralysis, Amputation, Burns at: www.garyrosenberg-law.com/Reports/Report_14.pdf

I’m wondering if everyone was wearing seatbelts. In my experience, passengers do not get badly hurt if they’re wearing seatbelts, even in a roll-over-type accident. For generl information see FREE special report, at:

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)

New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)

 

A bucket full of wet concrete spilled onto scaffolding at the Trump SoHo construction site in Manhattan yesterday afternoon, killing one worker, and injuring others at the future luxury hotel-condo. Construction workers and authorities said the bucket, which was being hoisted by a crane near the 41st floor, fell into some scaffolding near the top of the building at about 1:55 p.m. The bucket and the scaffolding then fell onto one nearby worker, a married dad from the Ukraine named Yuri, who plummeted 30 feet to his death.

The building, which is to rise to 46 stories, has been a persistent source of debate, with community groups complaining about its size and proposed use.

The company managing construction at the site, Bovis Lend Lease, is the same company that oversaw demolition of the former Deutsche Bank building in Lower Manhattan, where two firefighters were killed in August in a blaze that swept through the contaminated structure.

The N.Y.C. Department of Buildings has issued at least four violations to the contractor for failing to safeguard the public and property, failing to maintain adequate housekeeping, failure to provide a fire escape hatch, and failure to provide adequate fire extinguishers.

Residents have complained about the proposed height of the building. There is currently a lawsuit in court over the future of the building.

Commentary: See my free report on Construction Accidents: www.garyrosenberg-law.com/Reports/Report_12.pdf

See my free report on :

From: New York lawyer Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx) For more about me see: www.InjuryAtty.net

A 92 year-old woman was struck and injured by a bus in Chinatown.

The Post reports that the woman had been walking west on Canal Street when a New Century bus hit her when it was turning onto Forsyth.

It dragged her halfway down the block before passers-by could flag down the driver.

"The light was green," said the driver, who gave his name only as Gao. "There were no people. "

The woman regained consciousness at Bellevue Hospital, but doctors could not save her legs.

The driver was not charged, but the Post points out that Philadelphia-based New Century only scored 43 out of 100 on federal safety tests.

Commentary: This is an ongoing problem. Small bus companies that offer discount fares, but skimp on bus maintenance, safety and driver training.

This is an ongoing problem. Small bus companies that offer discount fares, but skimp on bus maintenance, safety and driver training.

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)

New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)

The driver of the car that plunged off a pier in Bay Shore earlier this week died in the hospital on January 11^th.  While 68 year-old Margrit Mueller of East Islip was alive when police divers pulled her from the car, she did not survive her injuries.

Police still haven’t figured out the cause of the accident.

This accident was first reported in my blog post of January 8, 2008.

From: New York lawyer Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)

Matter of Christopher W. Meyers

Second Dept.
Admitted to Bar: 1989

Discipline imposed: Resignation from Bar accepted

THE FACTS

The respondent resigned from the Bar (gave up being an attorney) in the face of a pending investigation by the Grievance Committee into his professional misconduct.

Several of his clients alleged neglect of legal matters and/or conduct involving dishonesty, fraud, deceit or misrepresentation.

He is also the subject of a complaint of a staff member of the Mental Health Association of Westchester that he failed to account for funds that he maintained in trust for an individual for whom the Mental Health Association was subsequently appointed to manage finances.

Meyers admitted that he engaged in fraudulent conduct to prevent discovery of his personal use of trust fund money without permission.

Commentary: The courts take seriously lawyers’ handling of money that’s not theirs. Usually we receive money to hold in trust or escrow as part of a real estate deal or settlement of a personal injury case. Playing with client trust or escrow money almost always results in disbarment, which probably would have happened here if Meyers hadn’t resigned first. Note that he still has to pay back the money.

The courts take seriously lawyers’ handling of money that’s not theirs. Usually we receive money to hold in trust or escrow as part of a real estate deal or settlement of a personal injury case. Playing with client trust or escrow money almost always results in disbarment, which probably would have happened here if Meyers hadn’t resigned first. Note that he still has to pay back the money.

It’s sad that a lawyer’s professional career goes down the drain because of greed. Frequently this happens because of money troubles relating to some sort of substance problem or addiction; we don’t know if that is the case here.

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)

New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)

A U-Haul van ricocheted off another vehicle and crashed through a window and into an Arby's restaurant Tuesday afternoon, killing a woman as her husband watched. Witnesses said Caroline Leung, 67, was thrown from her seat and pinned against a counter that holds soda machines.

The accident happened around 12:50 p.m. at the Arby's located on Horace Harding Expressway in Fresh Meadows, Queens.

The U-Haul driver, Ioanis Kokoiasmenos, 24, was charged with possession of marijuana. It was unclear if he was under the influence at the time of the crash.

Leung died at New York Hospital Medical Center of Queens. Two other people were injured.

From: New York lawyer Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)

At least 14 people, including a bus driver, were injured at about 6:30 A.M. (on January 9, 2008) when two city buses collided in Brooklyn.

A B-44 bus was going through the intersection of Empire Boulevard and New York Avenue when it struck another B-44 bus from behind. The first bus then rebounded through the intersection and knocked over a traffic light and tree.

Injured passengers were taken to Kings County Hospital and Brookdale Hospital.

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)

New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)

A car drove off a pier in Bay Shore, Long Island, killing one elderly female accident victim and injuring the other, who was taken to Southside Hospital.

The accident occurred on Monday, January 7, 2008, at the Ocean Avenue pier near the parking lot for Captain Bill's restaurant. The lot is bordered by a dock with no guardrails.

Good Samaritans tried to save the women; police are searching for eyewitnesses. No word on what caused the accident. The victims were not named pending family notifications.

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)

On Sunday January 6, 2008, at 4:15 A.M., 23 year-old Christopher Boyd and 25 year-old Eric Richmond were killed in Jamaica, Queens, when Boyd’s 1992 Ford Thunderbird skidded on the wet street and slammed head-on into the front of an MTA bus.

Boyd had been driving east on Hillside Avenue and struck the westbound bus at 168^th Place.

The bus driver and one passenger were taken to Mary Immaculate Hospital for their injuries.

From:  New York lawyer Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)

  New York lawyer Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)

This past Saturday morning, January 5, 2008, animal rescuer and Brooklyn resident Sean Casey, 27, was driving on the FDR Drive near East 79th Street when his car engine burst into flame after he lost control and hit a wall.

He was transporting non-poisonous snakes – king snakes, corn snakes, rat snakes, milk snakes, plated lizards and turtles to an animal adoption event in Westchester.

He was able to get the reptiles, traveling in fish tanks, out of the car. None were hurt.

Commentary: And no humans were injured in this accident, either.

And no humans were injured in this accident, either.

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)

New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)

When an accident occurs, your better attorneys may send out an investigator to get written statements from eyewitesses to the accident or, if a defective condition is involved, to that condition, or even to the appearance of a client's injuries.   Typically this is done as soon as possible after the accident, while memories are still fresh.

Rather than getting a mere written statement signed by a witness, it is hardly more work for an investigator to put the statement in the form of an affidavit.  Then (assuming the investigator is also a notary public) the investigator can notarize the affidavit.  If litgation ensues, the attorney then has something far more useful than a statement -- an affidavit. 

An affidavit is handy to defend or bring summary judgment motions, especially if years have passed and witnesses have moved and are difficult to locate.  This has happened to many of us aggressive attorney-litigators, not just to me.

From: New York lawyer Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)

 

Wednesday evening, January 2, 2007, during rush hour, a driver following the instructions of the Global Positioning System navigator in his rented car turned onto train tracks at the crossing in Bedford Hills, Westchester County.

Unfortunately the train was coming, and his car got stuck on the tracks. He exited the car in time, but was unable to warn the train engineer and avoid a fiery crash. Thankfully, no one was injured, but railroad commuters were stranded for hours.

Metro North repair crews spent hours fixing the tracks. According to Metro North, Driver Bo Bai will be held responsible for the damage the accident caused to the train and track.

Commentary: I wrote against GPS systems in a short piece entitled When Did You Get Too Lazy to Read a Map? in my law firm’s August 2007 news-postcard, available for free at: www.garyrosenberg-law.com/Rosenberg_20August_20PC.pdf If I think about it, even if this driver had avoided using a GPS to navigate, he might have followed a map onto the train tracks.

I wrote against GPS systems in a short piece entitled in my law firm’s August 2007 news-postcard, available for free at: If I think about it, even if this driver had avoided using a GPS to navigate, he might have followed a map onto the train tracks.

From: New York lawyer Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)

New York lawyer Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)

Every year the New York State Insurance Department ranks car insurers by number of complaints, based on how many New York State insurance policies they write and how much they collect in insurance premium dollars.

The just-released 2007 rankings show that the worst automobile insurance carrier, by far, is The Long Island Insurance Co. of Melville, Long Island.

The Infinity Property & Casualty Insurance Group of Birmingham, Alabama, was second-worst.

Best on the list with the fewest complaints is the American Modern Insurance Group, followed by number two, Atlantic Companies.

For the entire New York State Insurance Department survey and an alphabetical listing of insurance companies go to: www.ins.state.ny.us/arkidx.htm

Commentary: You may also want to read my free report: Twelve Secrets You Car Insurer Won’t Tell You, available at my website: www.garyrosenberg-law.com/Reports/Report_18.pdf

You may also want to read my report: , available at my website:

 

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)

New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)

A driver high on booze and drugs ran over a 14 year-old boy riding his bicycle in South Farmingdale, Long Island, on New Years Eve. Susan Deturris, 52, struck and critically injured Michael Nicosia, who was out bicycle riding with his friends.

Nicosia was in critical condition in the pediatric intensive care unit at Nassau University Medical Center in East Meadow.

Deturris was arrested for vehicular assault and driving while impaired.

Commentary: Will they never learn?

Will they never learn?

From: New York lawyer Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)

New York lawyer Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)

Several years ago I had a client who was detained by security at a large department store. With her very young daughter, she was walked across the store to the security office, in handcuffs. Once in the back she was yelled at and accused and, when no evidence of theft was found, she was released.

She consulted me about bringing a false arrest case. Now aside from the embarrassment, humiliation and mental pain, she suffered no physical injury or permanent impairment so a jury would be unlikely to award a large amount of money damages. Our best hope was for a quick, fair settlement. But how best to get that department store’s attention?

I availed myself of a little used lawyers tool, Civil Practice Law and Rule (CPLR) Section 3102(c), which allows information to be obtained before starting a lawsuit to aid in bringing that lawsuit.

So I brought, essentially, a law suit before the lawsuit so that my client could see and identify the individual security guards – so I could sue them personally in addition to suing the department store. Basically, I was asking for a kind of security guard "line up." Needless to say, the department store freaked out and quickly offered a fair settlement, which my client was happy to take, closing out a chapter of her life she preferred to forget.

From: Nw York lawyer Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)

New York lawyer Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)