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« COLLEGE STUDENT KILLED, THREE OTHER SERIOUSLY HURT IN 2006 TAXI |
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| EXTENSION CORDS RECALLED; THEY CAN IGNITE AND CAUSE BURN INJURY »
From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Brooklyn Accident Lawyer)
A sidewalk rebuilding project is causing dangerous conditions for pedestrians walking on the Fort Greene Park side of Dekalb Avenue in Brooklyn, New York.
The broken up sidewalk is between S. Oxford Street and S. Elliot Place and arises from the construction of a bus lane along DeKalb Avenue so that B38 bus can safely pick up passengers.
Some Brooklyn residents feel that the New York City Department of Design and Construction did a safe job on the new lane, but left the sidewalk as an accident waiting to happen and an injury hazard.
New York City authorities say that the sidewalk will be repaired by the end of the summer - hopefully before a pedestrian is hurt or suffers serious personal injury.
« CONSTRUCTION WORKER SERIOUSLY INJURED IN BROOKLYN BUILDING COLLAPSE |
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| BROOKLYN SIDEWALK IS ACCIDENT WAITING TO HAPPEN »
From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Queens Accident Attorney)
In June, 2006, 20 year-old Pace University student Danielle Ricco and three friends were riding in a taxi in Manhattan's Greenwich Village when the taxi jumped a center median and crashed into a building. Ms. Ricco was thrown out of the taxi, struck by a second vehicle and killed. The other three passengers were seriously injured.
Passenger Anna Sallustio suffered serious fractures to her leg and pelvis. Her sister, Enza Sallustio, age 25, was in a coma for two weeks from a serious head and traumatic brain injury.
A third passenger, Amy Judy Vallarelli, age 25, is only now able to walk unassisted after suffering a fractured pelvis and a shattered femur bone.
This sad tale drew to a close on Monday, March 29, 2010, In Manhattan's Supreme Court, when former New York City cabbie Hassan Afzal admitted that he had stopped taking his medication and had a seizure just before his taxi crashed. Afzal won't spend a day in jail - as part of a plea deal with prosecutors he is expected to be sentenced to five years probation on April 16th - even though he repeatedly denied having epilepsy on his license forms.
The guilty plea came on the day that Afzal was supposed to proceed to trial on charges of criminally negligent homicide. He had been expected to argue that the accident was the result of brake failure. Prosecutors accepted the deal because they felt that it would have been difficult to prove that Mr. Afzal had a seizure just before the accident.
Afzal has had his driver's and taxi licenses revoked.
« CRANE SWAYS AND STRIKES BUILDING, SENDING BRICKS FLYING; THANKFULLY, NO ONE HURT |
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| COLLEGE STUDENT KILLED, THREE OTHER SERIOUSLY HURT IN 2006 TAXI »
From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Brooklyn Injury Lawyer)
Monday, March 29, 2010 at around 2:00 PM, a building collapsed at 36 Conselyea Street, Brooklyn, New York.
Several construction workers were caught in the collapse and hurt. They were taken to Woodhull Hospital in Brooklyn.
One worker was seriously injured and trapped in rubble up to his neck and, reportedly, is fighting for his life. He is being treated at the trauma center at Manhattan's Bellevue Hospital.
New York City's Building Dept. website says a complaint was filed about the Brooklyn building in February. Apparently, inspectors were not able to get inside.
The cause of the collapse is being investigated.
« BROOKLYN, QUEENS AND BRONX (NEW YORK CITY) TRUCK ACCIDENT LAWYER |
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| CONSTRUCTION WORKER SERIOUSLY INJURED IN BROOKLYN BUILDING COLLAPSE »
From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Queens Injury Attorney)
At about 7:30 PM on Saturday, March 27, 2010, a 250-foot-tall crane struck the top of a building at 80 Maiden Lane near Wall Street in Manhattan, dropping bricks to the ground. The crane struck the 25-story building at about its 23rd floor parapet - which is a decorative barrier that sticks out from the surface of the building.
The crane was being used during the day to install large air conditioners. The work site was closed at the time of the accident.
Firefighters responded, streets were closed, apartments evacuated, and traffic re-routed. New York City's Building Department is inspecting to determine the extent of the damage.
No injuries were reported from this accident.
New York City officials say it is too early to tell if the crane owner was negligent or if there was ant wrongdoing.
While the latest episode did not appear to cause serious damage, it shook up New York City residents, who that experienced two fatal crane collapses over a two-month period, the first of which occurred almost exactly two years ago.
Comment: Eerily reminiscent of my prior blawg posts on New York City crane disasters. In mid-March 2008, seven people were killed when a crane slammed into residential buildings on East 51st Street, destroying a town house. And two construction workers were killed in May 2008, when a crane fell at a construction site on East 91st Street; this not so much an accident as criminal negligence by the crane owner.
« NEW YORK CITY PERSONAL INJURY ATTORNEY - SPINAL CORD INJURIES |
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| CRANE SWAYS AND STRIKES BUILDING, SENDING BRICKS FLYING; THANKFULLY, NO ONE HURT »
From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Brooklyn Accident Attorney)
The Brooklyn, Queens and Bronx truck accident lawyers at our firm fully investigate the causes of a truck accident for our clients. While some of the causes of truck accidents may seem obvious, like simply rear-ending another vehicle, there are numerous other truck accident causes that may not seem so obvious:
Truck Accident Causes
The most common of causes of truck accident are the following:
Fatigue, sleepy or tired drivers driving too many hours without rest;
Truck drivers drinking alcohol or using drugs;
Running off the road;
Failure to yield the right of way;
Defective safety systems, reflectors, lights and other warning devices;
Overloaded Truck;
Oversized Truck;
Lack of training on the part of the truck driver;
Improperly maintained brakes on the Truck;
Reckless driving;
Driving in conditions of poor visibility due to smoke, fog, snow or rain;
Failure to replace worn tires;
Speeding;
Wide turns;
Truck Accident Injuries;
Driver distraction due to on-board computers, cell phones, radios, DVD players, and other electronic devices.
Our Brooklyn, Queens and Bronx also have extensive knowledge of the complex trucking regulations for both interstate and intrastate motor carriers. Truck accident cases are often won by proving that the truck driver and trucking company operated their trucks in violation of prescribed trucking laws.
The injuries resulting from truck accidents are serious and often fatal
Cases involving death give rise to a New York Wrongful Death Lawsuit. Common injuries from these tragic truck accidents include:
Closed head/traumatic brain injury;
Spinal cord injuries, including paralysis, quadraplegia and paraplegia;
Broken bones and Fractures;
Back and neck injuries;
Shoulder injuries;
Knee injuries;
Scarring and disfigurement;
Road rash requiring significant skin grafts;
Permanent disability;
Burn injuries;
Amputation injury or loss of an arm or leg.
Trucking Company Insurance Carriers
Our Brooklyn, Bronx and Queens (New York City) truck accident lawyers also fully understand issues relating to trucking company insurance companies to obtain the best settlement for their client. Trucking companies, whether they are running semi-trailers, gravel trucks, garbage trucks, or dump trucks, tend to be well insured. Companies carrying trucking insurance policies work aggressively to limit the amount of compensation and benefits they pay out. It is important to have an attorney not afraid to take on big insurance companies when you have been injured in an large truck accident.
Statute of Limitations in New York Truck Accident Cases
The statute of limitations for trucking cases varies from state to state. Individuals who have been injured in a Brooklyn, Queens or Bronx (New York City) truck accident should contact the experienced truck accident lawyers at Law Offices of Gary E. Rosenberg, P.C. immediately. They will start working on your case immediately, gathering the evidence to prove and win your accident case.
« CHILDREN'S CLOTHES WITH DRAWSTRING PRESENT RISK OF ACCIDENT & STRANGULATION - MORE RECALLS |
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| BROOKLYN, QUEENS AND BRONX (NEW YORK CITY) TRUCK ACCIDENT LAWYER »
From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Brooklyn Injury Attorney)
The statistics are discouraging, but around 11,000 spinal cord injuries occur each year, many of which are suffered in New York. Whatever kind of spinal injury you have experienced, or however it occurred, you need an accident or injury attorney that can get you the compensation you deserve. Whether you live in Brooklyn, Queens, or the Bronx, you can obtain a reliable and experienced New York City personal injury attorney to get you what you need when you have been hurt in an accident.
There are certain characteristics that fit the category of spinal cord injuries. Traumas and accidents that lead to temporary or permanent loss of sensation, paralysis in the legs and loss of bladder and bowel control, could all be signs that you have suffered an injury to your spinal cord. Every case is individual, but these are commonly-seen signs. The leading cause of spinal cord injuries in the United States in people under the age of 65 is from car accidents. The other most frequent way people in New York suffer from this kind of accident is as a result of trauma suffered while engaged in sports. In any case other than disease, the injury occurs when harm to the spine leads to a fracture. No matter what the cause of your injury, it is important that you consult a qualified New York City personal injury attorney.
A law office that is properly qualified will have specialized knowledge in spinal cord injuries and many other types injury as well. They will take their clients' situations seriously and do everything within their power t - no matter what kind of accident you've been in involved in. To get the compensation you deserve, you need to contact a personal injury attorney if your injury was the result of another person's actions. If this is the case, you, the injured person, may be able to bring a personal injury claim in the courts of the Bronx, Queens or Brooklyn. A New York City personal injury attorney will help you include one or more theories in your the accident claim including, possibly, negligence, strict liability or intentional tort.
Most spinal cord injuries that are the result of a car accident are filed under a theory of negligence. But, many claims that are filed with a lawyer, however, never make it to court. As an alternative, negotiations between the liable party's car insurance company and your New York City personal injury attorney may take place. Whether your claim goes to trial or not, it is essential you determine fault, something you can do best with an experienced injury attorney at your side.
« ONE MILLION INFANT SLINGS RECALLED; THEY CARRY RISK OF ACCIDENTAL SUFFOCATION |
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| NEW YORK CITY PERSONAL INJURY ATTORNEY - SPINAL CORD INJURIES »
From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Brooklyn Injury Lawyer)
I have previously blawged on this subject - drawstring hoods in children's clothing that can injure or cause death.
The U.S. Consumer Product Safety Commission announced voluntary recalls:
1. Girls' Hooded Sweaters with Drawstrings imported by Children's Apparel Network, Ltd. of New York, New York. The hooded sweaters were sold as part of a 3-piece set with knit shirt and corduroy pants. Manufactured in China. The girls' acrylic sweater has flower appliqués and embroidery. A Young Hearts label in the neck seam has RN# 16435. The sweaters were sold in sizes 2-4T and 4-6X.
About 9,700 were sold at: Burlington Coat Factory, Pamida and Ross Stores nationwide from June 2008 through November 2008 for about $15.
Hazard: The hooded sweaters have a drawstring at the neck which can pose a strangulation hazard to children.
2. Girls' Hooded Jackets with Drawstrings imported by Bubblegum USA, of Los Angeles, California. This recall involves girls' hooded jackets sold in a camouflage design with a grey hood. Manufactured in China. "Bubblegum USA" and style number GS9548N-521G HZZ is printed on a tag inside the jacket. The jackets were sold in girls' sizes 7 through 16.
About 900 were sold at Burlington Coat Factory stores nationwide from August 2006 through September 2009 for between $15 and $25.
Hazard: The sweatshirts have a drawstring through the hood which can pose a strangulation hazard to children.
3. Jewel Girls' Hooded Sweatshirts with Drawstrings imported by Liberty Apparel Company, Inc., New York, New York. Manufactured in India. This recall involves the Jewel girls' zippered, hooded sweatshirts with style number J2184SK. The sweatshirts come in red or white and have small gold and silver hearts with arrows printed on them. The style number is printed on the tag that is sewn on the inside seam of the sweatshirts and "Jewel" is printed on the neck tag. They were sold in children's sizes small, medium, large, extra-large sizes or sizes 4 through 16.
About 2,300 were sold at Marshalls, Burlington Coat Factory and Rainbow Apparel from August 2007 through September 2009 for about $10.
Hazard: The sweatshirts have a drawstring through the hood which can pose a strangulation hazard to children.
« ABANDONED BUILDING FIRE KILLS ONE |
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| CHILDREN'S CLOTHES WITH DRAWSTRING PRESENT RISK OF ACCIDENT & STRANGULATION - MORE RECALLS »
From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Brooklyn injury lawyer)
More than a million baby slings have been recalled after being linked to the deaths of three infants.
The recall involves one million Infantino "SlingRider" and "Wendy Bellissimo" slings sold in the United States and 15,000 sold in Canada.
The slings, manufactured in China and Thailand, were sold in the United States and Canada from January 2003 through March 2010 at Walmart, Burlington Coat Factory, Target, Babies "R" Us, BJ's Wholesale, and various baby and children's stores and other retailers nationwide, and on the Web at Amazon.com, for between $25 and $30.
The CPSC warned earlier this month about the risk of suffocation posed by sling-style baby carriers. This was the subject of a prior blawg by me on March 14, 2010.
« PEDESTRIANS HIT AND INJURED BY CAB WHILE CROSSING THE STREET |
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| ONE MILLION INFANT SLINGS RECALLED; THEY CARRY RISK OF ACCIDENTAL SUFFOCATION »
From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Brooklyn accident attorney)
At about 1:30 AM on March 23, 2010 a fire killed a man in his 30s. He was pronounced dead at the scene of the fire at a three-story building on 56th Street in Brooklyn's Sunset Park.
The building had been abandoned long ago. The cause of the fire was not immediately known.
Several firefighters were taken to the hospital with superficial injuries.
« PROPOSED 9/11 SETTLEMENT FOR INJURED CLEAN UP AND RESCUE WORKERS NIXED BY FEDERAL JUDGE |
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| ABANDONED BUILDING FIRE KILLS ONE »
From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Queens accident lawyer)
Today, March 22, 2010, a terrible accident occurred when a mother and four year-old son were struck by a livery cab while crossing the street. The Bronx residents were taking the boy to nursery school when the accident happened.
The names of those involved have not been released. Police report that the 27-year-old man was driving a black Lincoln southbound on Broadway at 230th Street around 8:30 a.m., when he flattened the 41-year-old Bronx woman and her son as they were crossing at the intersection.
Mother and son were rushed to St. Barnabas Hospital, where the boy was listed in critical condition from his injuries.
The mother was badly hurt, but in stable condition.
The driver remained at the scene and was not charged.
« "HAPPY BIRTHDAY TO YOU," "CRASH," "HAPPY BIRTHDAY TO YOU." |
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| PEDESTRIANS HIT AND INJURED BY CAB WHILE CROSSING THE STREET »
From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Queens injury lawyer)
On Friday March 19, 2010 Federal judge Alvin Hellerstein torpedoed a proposed settlement for some 11,000 rescue and emergency workers that were made sick as a result of the "9/11" cleanup at Ground Zero.
The settlement would have been paid by the City of New York and would have established a fund to pay injured New York City clean up personnel at least $575 million.
After presiding over a hearing in Manhattan Federal Court where he heard testimony from workers who were hurt by toxic fumes while working at the Ground Zero site, Judge Hellerstein ordered attorneys for both sides to come up with a better deal for the injured plaintiffs.
Simply put, Judge Hellerstein felt that the sick and injured workers would realize too little money in the settlement and the lawyers awarded too much. Not only did the judge insist on reducing the lawyers' fees, he insisted that the attorneys be paid out of additional money, above and beyond the amount offered for settlement.
The proposed agreement to settle the injury cases would establish a point system to calculate awards based on a worker's illness, age, medical history and time spent working in hazardous conditions. The judge noted that the formula make a Talmudic scholar's head "spin and revolve 24 hours a day and still it would be hard to grasp these numbers." He also stated: "I will not preside over a settlement based on fear or ignorance," noting that the settlement's provision that an outsider would calculate the recovery to be awarded to each hurt worker - like a "dictator," with no right of appeal - was unfair to those injured through no fault of their own.
Not surprisingly, lawyers for both sides decried the judge's ruling as making the cases more difficult to settle and delaying justice for the injured victims.
« BRONX BICYCLE RIDER KILLED IN FREAK ACCIDENT |
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| PROPOSED 9/11 SETTLEMENT FOR INJURED CLEAN UP AND RESCUE WORKERS NIXED BY FEDERAL JUDGE »
From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Queens accident attorney)
Thursday, March 18, 2010, at 2:15 AM in Garden City Park, Long Island, New York, Jonathan Leiz, age 28, of Bellmore, Long Island, New York, drove his 1997 Infiniti automobile into the basement of a house owned by 72 year-old Annette Giudice. Awakened were Giudice and her 48 year-old son Raymond, who were unhurt in the accident.
Driver Leiz, who allegedly ran a stop sign, was declared dead at the scene. Badly hurt in the accident were his two passengers, José Varraos, age 23, of Freeport, and Alden La-Rocca, age 26, of Mineola. They were taken to an area hospital to be treated for their injuries.
Because of the extensive property damage caused by the crash, Nassau County building inspectors condemned the house.
An autopsy is being conducted of Leiz, to determine if there was alcohol or drug involvement.
No skid marks were left on the street, indicating that Leiz might not have hit the brakes to avopid the accident.
Comment: The early morning car crash accident and later condemnation of her home happened on Mrs. Giudice's 72nd birthday.
« RAILING FAILURE = DEADLY BALCONY PLUNGE ACCIDENT |
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| "HAPPY BIRTHDAY TO YOU," "CRASH," "HAPPY BIRTHDAY TO YOU." »
From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Bronx accident lawyer)
On March 17, 2010 at 8:30 AM Megan Charlop, age 57, of the Bronx, New York, was riding her bicycle on Crotona Avenue. The driver of a parked Toyota, Min Kyung Kwan, age 66, opened his car door and knocked her in front of a BX17 New York City bus. She was sucked under the rear wheels of the bus, and was killed instantly in the accident.
Paramedics rushed to help, but the woman was declared dead at the scene.
Police issued a summons to Kwan. The bus driver was not charged.
Charlop, the director of community health at the Montefiore School Health Program, in the Bronx, was a local hero to her Bronx community. Nicknamed "Mother Teresa," she opened her home to poor and sick children from Africa and the Caribbean. At Montefiore she worked as a public health advocate in a program designed to prevent accidental lead poisoning in children.
In 1999, Charlop was awarded the national Robert Wood Johnson Foundation Community Health and Leadership Program award for her lead poisoning prevention work at Montefiore.
At the time of her death, Charlop was riding her bicycle to visit Bronx schools to finalize a community gardening project.
« BROOKLYN'S KINGS COUNTY HOSPITAL SPANKED BY NEW YORK STATE DEPARTMENT OF HEALTH FOR BLOWING COURT-ORDERED BLOOD TEST AFTER ACCIDENT |
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| BRONX BICYCLE RIDER KILLED IN FREAK ACCIDENT »
From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Queens injury attorney)
In a horrifying accident, on Sunday, March 14, 2010 at 8:30 AM Manhattan social worker Connor Donohue, age 24, leaned on the railing of his balcony and it gave way, dropping him 24 floors to his death on the street below. He hit a tree before coming to rest on the sidewalk. The accident to and death of Connor Donohue - who worked for a not-for-profit agency - left a huge hole in his close-knit family.
As a result of its investigation, The New York City Building Department accused the management of the building, located at 330 East 39th Street in New York City, of failing to properly inspect its terraces. Further, the Building Department had issued a violation against building manager Pan Am Equities in December, 2008, for violating a New York City law requiring landlords of buildings taller than seven stories high to hire private inspectors to check balconies every five years.
A new violation was issued in the wake of Donohue's accidental death, with New York City's Department of Buildings finding that the balcony's iron railing was "loose and damaged."
Some residents reported that the railings felt shaky because they are attached to the concrete floor of the terrace - but not anchored to the wall of the building.
Comment: Building residents have been warned to stay off their balconies until they can be inspected.
« POSSIBLY DRUNK DRIVER HITS TREE AND KILLS PASSENGER IN BRONX CAR ACCIDENT |
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| RAILING FAILURE = DEADLY BALCONY PLUNGE ACCIDENT »
From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Brooklyn injury attorney)
On September 27, 2009 off-duty police officer Andrew Kelly drove his car into, and killed, pedestrian Vionique Valnord as she waited for a taxi in Brooklyn.
Claiming that killing Valnord was an accident, Kelly refused to take a Breathalyzer test. He was charged with DWI and vehicular homicide. It took Brooklyn prosecutors several hours to get a court order to force Kelly to give a blood sample.
It then took an hour to take Kelly from a Brooklyn precinct to Kings County Hospital. More time ticked by as doctors sought advice on how to proceed because Kelly refused to cooperate. By then, seven hours later, Kelly's blood-alcohol level was zero; he could rightly claim that Valnord's death was an "accident."
By November 7, 2009 New York State Department of Health investigators were looking into the Brooklyn hospital's failure to get the court-ordered blood sample on time. The hospital took the position that its doctors were not required to follow a court order to draw blood - say from an uncooperative arrested person - if it went against their feelings or beliefs.
New York State's Health Department pointed out that a hospital could be held in contempt of court for refusing to obey a court order to draw blood.
On November 9 2009, New York State's Health Department sanctioned Kings County Hospital for lacking a written policy "to ensure that court orders are carried out by medical staff in a timely manner so that evidence can be obtained."
A month later, New York City's Health and Hospital Corp. - the body overseeing Kings County Hospital - enacted such a policy for the first time.
« PRODUCT WARNING: INFANT SLING CARRIERS MAY INJURE SMALL BABIES |
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| BROOKLYN'S KINGS COUNTY HOSPITAL SPANKED BY NEW YORK STATE DEPARTMENT OF HEALTH FOR BLOWING COURT-ORDERED BLOOD TEST AFTER ACCIDENT »
From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Bronx injury attorney)
On Thursday March11, 2010, at around 9:30 PM, school safety officer Mariely Gonzalez, age 25, was driving her 1999 Toyota Camry in the Bronx, New York, when she lost control and crashed into a tree.
Veronica Cintron, age 20, a front seat passenger, died at the accident scene.
An unnamed back seat passenger fractured his spinal cord in the accident. He was taken to the hospital. It is not yet known if he will be paralyzed.
Gonzalez broke her back and a leg.
Coincidentally, Cintron had previously sued Gonzalez for personal injury suffered in a May 2009 automobile crash accident, in which Gonzalez's vehicle had rear-ended another car.
Gonzalez is charged with faces charges of "aggravated vehicular homicide, operating a motor vehicle while intoxicated, reckless driving, and refusal to take a breathalyzer test."
« MANHATTAN WOMAN JUMPS ONTO SUBWAY TRACKS; CRUSHED TO DEATH BY TRAIN |
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| POSSIBLY DRUNK DRIVER HITS TREE AND KILLS PASSENGER IN BRONX CAR ACCIDENT »
From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Brooklyn accident lawyer)
The U.S. Consumer Product Safety Commission (CPSC) advises parents and caregivers of babies younger than four months-old that there is danger of accidental suffocation to the child when carried in a sling-style infant carrier.
CPSC is investigating back twenty years, and has found fourteen deaths associated with sling-style infant carriers, including three that occurred in 2009. Babies younger than four months of age were the victims in twelve of these deaths.
Accidental suffocation can occur in slings by two different mechanisms.
FIRST: Very young babies have no control over their heads due to weak neck muscles. The fabric of the sling can cover the infant's mouth and nose, rapidly suffocating a baby.
SECOND: Where an infant is kept curled up with his or her chin bent towards the chest, the child's airway can be restricted, limiting oxygen supply. The baby would be unable to cry and could slowly suffocate.
Many of the babies who have died in slings either (1) registered a low birth weight, (2) were born prematurely, or, (3) had breathing difficulties, such as from a cold or flu.
Parents of preemies, twins, babies in fragile health and those with low weight are reminded to use extra care, and consult their pediatricians about using slings.
CPSC recommends that parents and caregivers make sure the infant's face is not covered and is visible at all times to the sling's wearer. If nursing a baby in a sling, mothers should change the baby's position after feeding so the baby's head is facing up and is clear of the sling and the mother's body. Parents and caregivers should keep checking their baby if carried in a sling.
« TOYOTA ACCELERATES BY ITSELF, CAUSING ACCIDENT IN NEW YORK STATE |
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| PRODUCT WARNING: INFANT SLING CARRIERS MAY INJURE SMALL BABIES »
From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Brooklyn Injury Lawyer)
On the afternoon of Thursday, March 11, 2010 Rose Mankos, age 48, a resident of Manhattan, was waiting to take the uptown Number 6 train at the New York City subway station at Lexington Avenue and East 77th Street.
She lost the grip on her gym bag and dropped it onto the subway tracks. Then she made the unfortunate decision to try to retrieve her gym bag. Police later discovered that the LeSportsac bag contained only keys, a cellphone, gym clothes and deodorant.
Mankos jumped onto the train tracks, and was crushed between a train and the platform by a northbound Number 6 train, as she tried to climb back onto the platform. Mankos tried to sidestep the train by squeezing against the platform. This did not keep her from being fatally hurt. The deceased, a lawyer who lived in Stuyvesant Town, was crushed to death at about 3:45 p.m. in the afternoon.
Witnesses to this accident have told investigators that the victim froze before trying to climb out of the track bed. Those who might have gone to her aid say the accident happened too quickly; that the train came too fast. Some witnesses shouted suggestions to the woman that she lie down on the tracks so the train could pass over her.
Witnesses reported that the train operator blasted his horn and hit the brakes. Riders felt and heard the impact, and witnesses reported seeing the dead woman's head stuck between the train and the platform, with her arms sticking out. The platform was pandemonium after the accident, with children, teenagers and old ladies shrieking hysterically.
Teenagers typically fill the subway at the time of this accident, and subway service was delayed for an hour because witnesses initially described Mankos - who was dressed in work out clothes - as a "girl." Parents and teachers from nearby New York City schools searched for their students to make sure that they were safe.
No criminal charges are expected.
Comment: New York City Transit officials want the subway-riding public to remember two points: (1) If you drop something on the tracks, do not attempt to retrieve it. Alert a transit employee or a police officer; and, (2) the subway track bed is unsafe and said that even lying between the rails is no guarantee of safety - there are 600 volts of electricity running through the "third rail."
« BRONX TEENAGER KILLED IN HIT-AND-RUN ACCIDENT |
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| MANHATTAN WOMAN JUMPS ONTO SUBWAY TRACKS; CRUSHED TO DEATH BY TRAIN »
From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Brooklyn Accident Attorney)
On Tuesday March 9,2010 the housekeeper for the Leff family of Harrison (Westchester County), New York, reports that she was driving the family's 2005 Toyota Prius when the car started accelerating on its own, causing an accident. The car went down a long driveway, crossed a road, and struck the stone wall of a property across the road.
Air bags opened, stones were thrown around, and broken pieces of the Toyota were strewn over the ground. The car's front bumper was pushed in and its hood crumpled.
The 56-year-old housekeeper escaped serious injury.
Toyota has recalled approximately 8.5 million vehicles worldwide -- more than 6 million in the United States -- because of acceleration issues in different models and braking problems in the Prius.
Police were investigating the cause of the crash, but a floor mat issue claimed by Toyota to be behind many of the recalls did not appear to contribute to the accident.
This accident could have been much more serious; thankfully, the car did not strike any other vehicle.
« POSSIBLE NEW YORK LABOR LAW VIOLATIONS LEAD TO ACCIDENTAL FALL OF CONSTRUCTION WORKER AT WORLD TRADE CENTER |
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| TOYOTA ACCELERATES BY ITSELF, CAUSING ACCIDENT IN NEW YORK STATE »
From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Bronx Injury Attorney)
Monday, March 8, 2010 at approximately 1 AM, Nedd Keon, age 17, was standing on the street when struck by a stolen car driven by three or four joyriding teenagers, who ran away like cowards, leaving the young man for dead.
The out-of-control green 1996 Honda Accord was weaving all over White Plains Road in the Bronx, crashed, and flipped over and onto Keon. He was pronounced dead at the accident scene.
Reportedly, the Honda Accord was stolen early Saturday from one Martiza Molina, while she was at a baby shower. She was horrified when cops told her that her car was involved in a fatal hit-and-run accident .
Police are investigating, and searching for the occupants of the car.
« SUDDEN ACCELERATION OF S.U.V. AT BROOKLYN CHURCH KILLS ONE IN FATAL ACCIDENT; FOUR OTHERS INJURED AND TAKEN TO BROOKLYN HOSPITAL |
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| BRONX TEENAGER KILLED IN HIT-AND-RUN ACCIDENT »
From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Queens accident lawyer)
Monday, March 8, 2010, at around 1:35 in the afternoon, 29 year-old construction worker José Jerez accidentally lost his footing while working some 100 feet above ground level, on the fourth floor of One World Trade Center in Manhattan. He dropped fourteen feet onto a wooden floor.
There was a kerfuffle between Port Authority Police and first responders from the New York City Fire Department over access to the injured man, part of an ongoing turf war between the two agencies. Apparently, Port Authority personnel - acting territorially - restricted Fire Department access to the accident site.
Port Authority rescuers lifted Jerez out of the building in a wire basket and lowered him to the ground; a Fire Department ambulance then rushed him to New York City's Bellevue Hospital where he was treated for serious injury to his neck and back injuries.
Comment: Construction workers are supposed to be protected from falls from heights by New York State's Labor Law, which has special legal protections from injury for those laboring on scaffolds, ladders, etc. The New York State Labor Law places an extra duty of care on building owners, and contractors doing construction, and using workers that are above ground level. I wait and see if we will hear how this accident happened and if any safety rules were ignored, or any safety devices failed to function correctly.
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From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Brooklyn injury attorney)
On Sunday March 7, 2010 at 2:45 PM in the parking lot outside Pyeong Ahn Presbyterian Church in Brooklyn, a 40 year-old woman was killed and four people injured when an S.U.V. Suddenly backed up into them. The four others hurt by the car were, two of whom are children, were taken to Lutheran Medical Center in Brooklyn.
After hitting the five people, the car crashed into a fence at the back of the parking lot, then struck a church van. The vehicle, a black 2010 Mercedes, was driven by a 72-year-old man who dropped off his passengers at the church. After the accident he remained at the scene. No arrests are expected; authorities are treating this occurrence as an accident.
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| SUDDEN ACCELERATION OF S.U.V. AT BROOKLYN CHURCH KILLS ONE IN FATAL ACCIDENT; FOUR OTHERS INJURED AND TAKEN TO BROOKLYN HOSPITAL »
From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Queens Injury lawyer)
Jennifer Esposito, age 39, has brought a medical malpractice lawsuit against her plastic surgeon, David Anthony Colbert, M.D., and his medical practice, the New York Dermatology Group. Her attorney claims that a laser treatment meant to "even out" her skin tone left the pretty blonde with red stripes on her face.
According to Esposito's lawyer, before the botched surgery she was quite the socialite, with a large wedding reported in The New York Times, her own interior design business, and a husband with a high-powered job at Goldman Sachs.
The lawsuit claims that because of her facial burns - strange, splotchy, striped patterns on both sides of her face - Esposito can't participate in social events critical to her business and to her husband's success.
Her lawyer claims that patients are briefly seen by a dermatologist, then without the patient's permission passed off to a non-physician esthetician who performs the procedure. Her attorney also claims that Esposito suffered a "permanent loss of pigment to her face as a result of the destruction of pigment-producing cells, and can never again expose her face to the sun."
Naturally, a spokesperson for the doctor denied wrongdoing.
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From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Bronx accident lawyer)
The date: May 30, 2008
The place: 333 East 91st Street, New York City
The who: James Frank Lomma and his company, New York Crane, New York City's largest construction crane company. At the time of the crane accident discussed in this blawg, Lomma owned 11 of the 25 tower cranes in operation in New York City.
The what (then): Two of Lomma's cranes collapsed onto Manhattan sidewalks in terrible, horrible accidents, killing nine people overall, and injuring more. The second crane accident crushed to death and killed 27 year-old construction worker Ramadan Kurtij, who supported his family back home. The operator of the crane Donald Leo, age 30, was also killed, three weeks before he was to be married.
The what (now): Sources report that Lomma is about to be charged by the Manahttan District Attorney with manslaughter for the second accident, for using a crane that was so cheaply refurbished that it broke in half, dropping the crane boom, cab and engine twenty stories, with the crane operator, Donald Leo, trapped inside. Allegedly, the manslaughter charge in part concerns a poorly-done weld in the crane's "turntable," the bearing which allows the crane's cab and boom to pivot.
Civil injury lawyers for the estates of both victims have gathered records showing that when the "turntable" was severely damaged at a high-rise job on West 46th Street in May 2007 Lomma opted for a cheap repair.
The personal injury attorney for two of the families has argued in legal papers that Lomma considered an offer by an Ohio company, Avon Bearings, to weld the crack for $120,000 that wuold take about six and one-half months. Instead, Lomma accepted an offer by a Chinese firm, RTR Bearing, to weld the crack for $20,000 in three months.
Reportedly, RTR did the weld reluctantly: after advising Lomma that the Avon Bearings was equipped to do a safer job, and after Lomma came up with more money. Lomma also ignored warnings from a New York City Department of Buildings inspector that the weld would be unsafe, the accident lawyer has said.
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From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Bronx injury lawyer)
I am a New York City personal injury and accident lawyer. I handle injury cases in Queens, the Bronx, Brooklyn and around the greater metropolitan area. I do not represent people in matrimonial disputes. Divorce fights can get very mean and nasty and people tend not to be happy no matter what the result; usually because they are trying to hurt and destroy each other.
The case I want to blawg about today is in today's New York Law Journal (March 5, 2010) and comes out of Suffolk County, Long Island. The title of the case is changed in the Law Journal to only show the parties' initials - M.T. v. P.T. - to protect their identities. It's for you to decide if you think the husband (or almost former husband) is a dirtbag piece of crap.
Mr. and Mrs. T. settled every issue between them except their obligations as guarantors of college student loans taken out by the children while the T.'s were married.
The two married in 1984. They have four children. Two are over age 21 and considered "emancipated," or no longer their parents' direct financial responsibility. The third is 20 years-old, has a job and lives with her boyfriend. The fourth is a high school senior.
So what's the problem? Seems that the T.'s co-signed three of their kids' college loans. Mr. T. co-signed more of the loans than Mrs. T. and, now that they're getting divorced, wants the Court to order that Mrs. T. must stand as co-signer on some of the loans guaranteed by Mr. T., to even things out - because if the T.'s had stayed married they would have handled the loans as a team. Fair? Now pay close attention.
FIRST: Mrs. T. makes the most excellent point that the T.'s never intended to pay off the loans. They only guaranteed the loans and would only have to pay if one of the T.'s children defaulted in paying off his or her loan, and this hasn't happened.
SECOND: $100,000 was given towards the children's educational expenses and $70,000 was used to pay off marital debt, all this money from a prior lawsuit brought by Mrs. T. for medical malpractice suffered by her. Mrs. T. is permanently disabled and in need of braces to stand up, although she mostly uses a wheelchair. She needs her malpractice award money to maintain her living and medical expenses, which the divorce judge notes in her decision, "both of which are extraordinary."
THIRD: Mr. T. had helped himself to over $85,000 in marital funds and gifts without Mrs. T.'s knowledge or consent.
Dear Readers: You'll be pleased to know that the judge DENIED Mr. T.'s request.
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From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Bronx injury lawyer)
This is not my first or even my second blawg post about recalled children's clothing with drawstring. See my prior blawg of February 20, 2010 and discussion of the safety guidelines that all children's clothing manufacturerers should follow.
Basically, a child can be accidentally strangled by a hood with a drawstring. Waistband string must be short, or it can catch in closing bus or car doors, or playground equipment and such. How many children must be hurt before the companies importing these items get it? The latest U.S. Consumer Product Safety Commission, announced voluntary recalls:
FIRST:
About 2700 children's hooded sweatshirt sets with drawstrings, manufactured in Vietnam for LELE & Company Inc., of Los Angeles, California.
Hazard: The sweatshirts have a drawstring through the hood, which can pose a strangulation hazard to young children.
Description: This recall involves hooded sweatshirts sold under the "Maria Elena" and "Eddie" brand names; sold in children's sizes 8 through 14.
Sold at: Dd's Discount, Frine Solarzvo and Toro Wholesale stores in California, El Carrusel and Hana Hosiery in Georgia, Lacala Design in Illinois, and La Revoltosa stores in Florida from August 2008 through August 2009 for between $6.50 and $9. Hopefully these garments haven't found their way into New York.
SECOND:
About 75 boys' hooded jackets with drawstrings manufactured in China and sold by importer Ten West Apparel, of New York City, New York.
Hazard: The children's jackets have drawstrings through the hood which can pose a strangulation hazard to children.
Description: This recall involves Ten 1 West boys' jackets with a drawstring through the hood. They were sold in size 10/12 and are black cotton with a white fleece lining. "TEN 1 WEST" is printed on a hang tag on the center of the back neck.
Sold at: Burlington Coat Factory stores nationwide from November 2006 through September 2009 for about $12.
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| RECALLS OF MORE DANGEROUS CHILDREN'S CLOTHING WITH DRAWSTRINGS THAT CAN STRANGLE AND EVEN CAUSE DEATH »
From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Bronx accident attorney)
Many jobs today are inherently dangerous. Roadwork construction, home installation, stockroom supply and other laborious jobs can often result in at least one injury per year among employees. Other jobs may not have inherent or obvious risks to them, but that does not make you immune from getting hurt on the job by an unfortunate accident. Sometimes accidents are serious and employers fail to provide their employees with worker's compensation. This is when an injury attorney can step in to get you money you need to pay for medical bills and loss of work. If you live in New York in the Bronx, Brooklyn, or Queens area, and have received an injury in workplace accidents, you need to contact a New York City personal injury attorney immediately.
The reason to decide to look into an attorney when workplace accidents have occurred is because they can close the gap between your expensive medical bills along with your leave of absence and your employer's unwillingness to grant you compensation. The injury sustained is inconsequential. You may have suffered a fracture of a bone, concussion, or other injury. Also, the manner in which the accident occurred is also not critical. As long as you were injured on the job, it does not matter whether the employer was directly at fault or not. You can still receive your deserved compensation if you work closely with a qualified New York personal injury attorney.
While almost any injury sustained in workplace accidents can be deserving of compensation, consider the severity of it before you hire a lawyer. Serious accidents are the ones that will make hiring an injury attorney worth your time and effort. You will be much more likely to receive compensation for a fracture, for example, then simply a twisted ankle. Remember also that your worker's compensation insurance should be able to pay at least a portion of your rehabilitation and salary during your time out of work. For additional compensation when you have been hurt, you need a lawyer to represent you.
A qualified attorney will be able to deliver excellent representation in your workplace accidents case. The New York area is not devoid of such accidents. Because of this, you need to work closely with a Queens, Brooklyn or Bronx personal injury attorney that you can trust, one that has been in practice for many years and won their clients many cases. For a free initial consultation, visit the online offices of a reliable local law firm at www.moneyforpain.com.
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From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Bronx injury attorney)
An as yet unnamed 34 year-old Bronx man and his wife were moving into a building located at 1749 Grand Concourse , Bronx, New York late Monday night, March 1, 2010. The man was carrying a mattress when he backed towards an elevator without looking, but when the elevator door opened, but there was no elevator car. The man plunged to his death down the open elevator shaft.
The man was taken to Saint Barnabas Hospital in the Bronx and pronounced dead early Tuesday morning.
Authorities are investigating.
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From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Queens accident attorney)
Amiri Zeqiri, age 17, was taking out the garbage behind a Dunkin Donuts in Smithtown, New York, on Sunday night, February 28, 2010 when he fell in an open cesspool and died as a result of the accident.
Usually there was a cover over the cesspool, which is an in-ground sewer pit that collects waste from toilets and sinks.
Zeqiri's younger cousin, who also worked at the donut shop, went looking for him when he didn't return from throwing out the trash. The cousin saw the victim in sewage water and ran for help. By the time he got back to the cesspool Zeqiri, who lived in Central Islip, had slipped below the surface.
Suffolk County police officers pulled the dead teen from the cesspool and took him to a nearby hospital, where he was pronounced dead. Authorities are investigating why the cover was left off the cesspool.
There was no immediate statement from Dunkin' Donuts.
Comment: There have been several cesspool drownings in Long Island over the years. Most New York City neighborhoods have connections to a central sewer system-so no cesspools.
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