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

The United States Consumer Product Safety Commission and Antonio Flores, a company in

San Ysidro, California, recently recalled Kariño Baby Pacifiers. About 45,000 of the pacifiers were distributed and sold in independent grocery stores in California and Texas for about 25¢.

The pacifiers, made in Mexico, fail federal safety standards and have multiple design defects that pose a danger to babies.

Hazards: The nipple can separate from the base easily, the pacifier handle is too long, the mouth guard is too small and there are no ventilation holes on the mouth guard. The pacifier could pose a choking and aspiration hazard to young children.

No injuries are reported. Hopefully no children will be hurt by pacifiers already sold; this would be a tragic defective product case.

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

In the early morning of Friday, July 30, 2010, Bronx resident Maxmilio Mendez, age 7, was walking with his mother in East Harlem. At about 9:00 AM, as mother and son crossed Second Avenue between 124th and 125th Streets, they were struck by a yellow Metropolitan Transit Authority tow truck. The truck was driving onto a ramp for the TriBorough (now Robert F. Kennedy) Bridge, and apparently ran over the boy's legs.

Young Maxmilio was rushed to Harlem Hospital, where he passed away.

Reportedly, mother and son were heading to a local pool. An MTA spokesperson said that at the time of the accident the tow truck driver was responding to a call. He remained at the scene after the fatal accident.

The tow truck driver tested negative for alcohol. Police do not expect to bring charges against the driver, who remained on the scene.

Comment: Interestingly, to brnig a lawsuit aganist the MTA for its driver's negligence, the deceased child's family faces a shortened time period to sue (called the "statute of limitations"). Under New York State's Public Authorities Law, the time limit to sue is one year and 30 days after the accident (which in New York's "normal" negligence cases is three years).

But beware of trying to do this without skilled counsel, for before you can bring a lawsuit, you must correctly serve and file a carefully considered and properly worded Notice of Claim against the MTA - within a really, really short time period. Many inexperienced lawyers who don't know quite what they're doing mess this up and kill the client's claim; leaving the client, perhaps, with only a nasty little professional malpractice claim against the lawyer who got it wrong. And no lawyer enjoys suing another. Best to hire a knowledgeable lawyer who does it once and gets it right.

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

On April 20, 2009 a Bronx cop gave Julio Martinez a summons for disorderly conduct for wearing his pants too low, with undershorts showing above the waistline of his pants. This fashion "don't" apparently bugged a New York City police officer.

It seems that wearing your pants down to your knees is a little bit outlaw, coming out of the prisons where, for security reasons, convicts are not given belts to hold up their prison uniform pants which may be too large.

Believe it or not, in some places there are laws against wearing your pants too low. But not in New York City or the Bronx (or Brooklyn or Queens either).

So Mr. Martinez's Legal Aid attorney asked the judge to toss out the summons, because the fine officers of the NYPD are not the fashion police. On June 11, 2010 Mr. Martinez won his case when Bronx Criminal Court Judge Ruben Franco dismissed the summons, because the manner in which Mr. Martinez wore his trousers did not offend public order or public decency.

And, Bless America, Judge Franco pointed out that, "the Constitution still leaves some opportunity for people to be foolish if they so desire."

Too true.

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

Nothing about personal injury or accident cases intoday's blog. But still, a topic of extreme issues for people who care about what happens in America.

 Today, July 28, 2010, United States District Court Judge Susan Bolton, sitting in Phoenix, Arizona, blocked the most controversial parts of Arizona's new immigration law from going into effect tomorrow (Thursday, July 29, 2010).

In particular, Judge Bolton "stayed" the sections of the law that required police to check immigration status whenever routine stops were made for traffic violations or any other reason, or arrests for anything at all.

The judge also stayed the aspects of the law requiring immigrants to always have proof of citizenship and prevented undocumented aliens from looking for work.

Following the traditional argument made when enacting injunctive relief, Judge Bolton ruled that "Preserving the status quo is less harmful," and she found it likely "that officers will wrongfully arrest legal resident aliens."

The challenges to the law continue on, because the blocking of its provisions is temporary, until the validity of the law is finally ruled on -- a process that likely will end up taking this case all the way up to the United States Supreme Court some years from now.

The Arizona State law was challenged by the Obama White House and the American Civil Liberties Union. Justice Department lawyers argued that Arizona's state law regulated immigration, the exclusive responsibility of the federal government.

They argued that the law could lead to harassment of legal residents and citizens who fell under suspicion by the police and could damage relations with Mexico and other countries the United States relies on for cooperation with law enforcement and other matters.

Critics say the law codifies racial profiling and legalizes the harassment of all Latinos, legal or not.

The decision came as police were making last-minute preparations to begin enforcing the law, and demonstrators gathered for a large demonstration to, essentially, dare cops to demand to see their papers.

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

On Monday, July 26, 2010, at 8:00 PM, Jorge Fernandez, age 24, of Long Island, died after crashing his 203 Kawasaki motorcycle into a building in Amityville. He died from his motorcycle accident injuries.

Police have taken the bike for examination, and are investigating the cause of the accident.

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

Because many people in New York and all over the rest of New York State have fortunately never been in a car accident, there are often more questions than answers among accident victims when one does occur. If you have been in a motor vehicle accident and find yourself asking more questions than receiving answers, you may want to hire an accident or injury attorney to present your case in court. You benefit from many services if you decide to work closely with a Brooklyn personal injury attorney. Such a law office may also serve areas of New York outside of Brooklyn, including the Bronx, Queens, Long Island and Westchester.

The first and probably most important reason to hire an injury lawyer to work with is that he or she will handle and process all the details of filing a claim and taking further legal action to get you the compensation you deserve from motor vehicle accidents where you were not the at fault driver or passenger. This is important when you have been seriously hurt with a catastrophic injury or other life-changing injury and require time to recover and return to your daily routine. Compensation can include things like paying for your rehabilitation and reimbursing you for time away from work.

Bodily injury, No-Fault, and uninsured-underinsured motorist claims may have to be filed against time deadlines following motor vehicle accidents. They allow you to recover compensation for past and future rehabilitation bills, lost wages and pain and suffering.

Your body is not the only thing that is hurt in motor vehicle accidents. Your car will obviously have sustained some damage, and your attorney can help you with your property damage claim. This is important when looking to restore your car to its previous condition or buying a new vehicle without emptying your bank account of your life savings. New York is a city full of people and cars in all areas including the Bronx, Queens and Brooklyn. If you attempt to handle your accident claims on your own as you work toward a full recovery, you will find that the stress, time and energy spent is not nearly worth the savings of not employing an injury attorney to assist you.

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

On Friday July 23, 2010, at 9:00 PM, an unidentified 54 year-old man was standing under a tree on Brooklyn's Eastern Parkway, between Bedford and Rogers Avenues, during a storm. He was struck by lightening and critically injured.

Witnesses say that they saw the man fall and lose consciousness, and that, "His feet were smoking and he was bleeding from the mouth."

A bystander jumped in and began performing CPR on the electrocution victim. Shortly after, paramedics Brooklyn's Kingsbrook Jewish Medical Center took over emergency care and were able to restore the man's heartbeat.

The man was rushed to Kings County Hospital, where was placed on a respirator to help him breathe.

 

Matter of Richard M. Garbarini

First Dept.

Admitted to Bar: 1999

Discipline imposed: Public censure

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

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Professional disciplinary charges against this attorney seem to be for his being a dumbass. He falsified a resume and gave a phony writing sample at a lawyer job interview. Also, on his 1999 application to become an attorney, he hid a 1996 DUI conviction.

Attorney Garbarini's defense is that he was drunk and stoned for years. He gave many reasons for this, which don't need repeating. The main point is that attorney Garabrini presented himself to the Disciplinary authorities three-years clean and sober, working at a law firm that knew about his past and supported him.

Now we turn to the question of how to punish this naughty New York lawyer, which gets interesting.

At the first rung of the disciplinary ladder, the Referee who heard the facts recommends a fairly light penalty of "public censure." This means the world is told what the offending attorney did, but there's no further punishment and, oh yeah, don't do it again. The Referee reported that a suspension of Garabrini's law license was not necessary and could derail this young attorney's recovery from drugs and alcohol. Most importantly, no clients were hurt by this attorney; no money stolen.

Next (second) rung up the disciplinary ladder, the Hearing Panel agrees with the Referee but wants a heavier sanction against attorney Garbarini - a nine month suspension of his law license.

The third rung up the ladder, the Departmental Disciplinary Committee, takes this entire matter before the Court, the Appellate Division - which licensed this attorney and can giveth and taketh away. The recommended penalties keep increasing here, and the Disciplinary Committee asks the Appellate Division to visit upon Garbarini a weightier punishment than that recommended by the Hearing Panel: one year suspension of his law license.

At the top of the attorney disciplinary ladder is the Appellate Division, the "decider." Common sense prevails and this attorney is forgiven the foibles of his youth and given a public censure only and a second chance. And this is good and proper and correct and as it should be.

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

On July 22, 2010 Amelia Reno, age 90, was heading home pushing a cart full of groceries. As she crossed Parsons Boulevard near 84th Road in Briarwood, Queens, a school bus turned left onto Parson Boulevard and, in a horrible bus accident, hit her, throwing her body through the air.

The beloved grandmother and Queens resident was taken to the hospital, where she is in stable condition with head injuries.

Her cart, which had been piled high with groceries, stayed stuck under the front of the bus even after she was taken to a local hospital.

The bus was, thankfully, empty, and no one else was injured.

The unidentified driver, who remained on the scene, was questioned but not charged.

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

I previously blogged on this bicycle accident case on June 17, 2010; the tile of my blog post was Brooklyn Cops Run down Bicyclist, Give Him Some Tissues, and Take Off.  The New York City police officer driving the car, Louis Ramos, age 42, has been charged in Brooklyn Criminal Court with reckless driving, leaving the scene of an accident, and assault. He has pleaded not guilty.

The bicyclist, Yu Tong Chan, age 61, suffered bleeding cuts to his lip and nose, a fractured nose, a fractured right hand, and a broken tooth.

Not good for the police officers was that the incident was filmed by a surveillance video, which shows on June 14, 2010 the officers' marked patrol car hitting the bicycle head on. They got out of their patrol car and helped the rider out of the street and onto the sidewalk. Then the officers gave a tissue to their bicycle knockdown victim and drove off - never reporting the accident to their dispatcher or supervisor.

The bicyclist was later treated at Brooklyn's Long Island College Hospital. Chan pursued the matter on his own, going to authorities to complain and bringing with him the video surveillance film of that showed part of the accident, which got the investigation started.

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

On Sunday, July 18, 2010 two Long Island residents were riding off-road motorcycle (dirt bikes) when they collided with each other head-on.

Jefferson Treadwell, age 23, was riding westbound on a private road in East Marion and collided with Terrence Lawrence, who was riding eastbound. Treadwell died from his injuries. Lawrence is being treated in Eastern Long Island Hospital - where Mr. Treadwell was pronounced dead - and later transferred to Stony Brook University Medical Center for further treatment of his injuries.

No criminal charges are expected.

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

On July 7, 2010 a garbage truck owned by Action Carting Environmental struck and killed bicycle rider Timothy "TJ" Campbell, age 24, in a hit-and-run accident.

"TJ" was bike riding on Varick Avenue at 9 pm when the garbage truck struck him near Meserole Street in East Williamsburg, Brooklyn, and took off.

For reasons no one is explaining, the New York City police have grabbed the truck, but the driver is as yet unidentified.

Read more about bicycle accidents at my website.

Transportation Alternatives, a non-profit group that supports bicycle transportation, called for more bike lanes and better police enforcement. According to a N.Y.C. study, 94% of bike accident deaths last year were due to car, bus, truck or motorcycle driver inattention to the roadway or to traffic control devices.

The deadly accident came one day before a woman riding a Vespa was hit and killed by an SUV in Fort Greene, Brooklyn, and is one of several bicycle accident death cases in Brooklyn in the last year.

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

On Thursday, July 15, 2010 three young people died in a car crash when their vehicle eft the Meadowbrook Parkway and struck a tree. Jaime Malone, age 22, her sister, Paige Malone, age 19, and friend Michael Mulhall, age 22, the three, along with two others in the car, were on their way to work at a camp that served the disabled and handicapped - Camp Anchor, a seaside camp for about 600 adults and children with disabilities including quadriplegia, autism and Down syndrome. The dead young people, all from Floral Park, New York, were remembered as good-hearted souls who helped others.

The driver of the car, Justine Mulhall, age 20, was released from the hospital. Her brother was one of those killed in the crash. Another passenger, Kelly Murphy, age 20, is in the hospital in critical condition.

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

I just blogged (two days ago) about a house fire in Springfield Gardens, Queens that killed a young pregnant mother and her 2 year-old child. You may recall that the New York City Fire Department answered the call, but was delayed because it was not given the correct address and had to search for the burning house - which was a few blocks away from the address to which firefighters responded. Linda Anderson was dead at the scene and her son, Ayden Hayes died on the way to the hospital.

Arrested and charged with arson and manslaughter is Linda Anderson's ex-boyfriend, Jimmy Humphrey, age 23. Humphrey says that during a fight he grabbed Anderson by the throat and, "whoops," nail polish remover and a candle fell on her, starting the blaze.

Mr. Humphrey then strolled home, laid down and rested, walked to a pay phone to dial 911, and gave the fire department the wrong address. This left Linda Anderson and her sleeping toddler to burn to death.

Hope they throw the book at this heartless you-know-what.

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

On Tuesday, July 13, 2010, at about 4:30 AM a fire broke out in the second floor apartment of a small house in Springfield Gardens, Queens, New York. Killed were Linda Anderson, age 24, and her two year-old son, Ayden Hayes. Anderson, who was pregnant with another child, was pronounced dead at the scene. The child was alive when the Fire Department arrived, and was taken to Queens General Hospital, where he was pronounced dead.

Firefighters were delayed reaching the building because the person that called 911 to report the fire did not give an address for the building. Firefighters went to the general area, and then were able to spot the burning building. A Fire Department spokesperson said, "Anytime we have early notification and a correct address as well as correct information, it increases our chance at helping people and people themselves surviving."

Other residents of the building were safely evacuated.

New York City fire marshals are investigating the cause of the fire, which is believed to have been accidental.

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

"Product liability" is legalese for a type of personal injury lawsuit for a defective product. When a consumer is hurt in an accident due to a defective product, the fault can rest with a manufacturer, distributor, supplier or retailer of a product. If you have been victim to faulty design, incorrect or missing instructions or warnings that lead to you getting hurt attempting to use the product, you need to contact an defective product or product liability injury attorney as soon as possible.

Many different kinds of products can be involved in product liability cases, including everything from food and drink to power tools to motor vehicles. If a device can break or be misused, it can injure you. And the injuries from defective products can be devastating: amputation or loss of a finger, hand, arm or leg, loss of vision or sight, burns, paralysis - either paraplegia or quadriplegia - or even death. Everyone makes mistakes, but when the mistakes are not yours, why should you be the one to pay for it?

There are three parts of a product liability case that you can attempt to handle on your own or hire a knowledgeable accident lawyer to help investigate your claim and answer your questions.

The first phase is proving that the fault of the injury is the manufacturer's or distributor's and not your own. This is the stage where many cases are dismissed because many accident victims misuse a product even though clear and complete instructions are present. Speaking with an injury attorney in your area of New York - be it Brooklyn, Queens or the Bronx - before filing your claim, could save you a huge amount of trouble and inconvenience. If your case has validity, it can move on to the next phase.

The second part of a defective product or product liability case can help you get an even larger money damages award in court. This involves proving that another party was aware of a defect or problem with the product, but distributed the product anyway. This violates the guarantee among creators and distributors of goods that products will be safe to use in the manner in which they are intended to be used. Obviously mistreating a product and going against warning labels may leave you without a case. Your New York personal injury attorney can do the necessary research to uncover whether some person or company in the chain of distribution of the product knew about the flaw in its product or not.

Once all parts of the case have been determined to be valid -- that you actually have a case to work with -- your Brooklyn, Queens or Bronx accident attorney will handle the third portion, which is the actual filing of your claim. A well-qualified New York personal injury attorney will be able to collect all the necessary information to represent you effectively in court. Most lawyers or law firms will give you a free consultation, and investigate to determine if your case has merit and is worth pursuing.

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

The U.S. Consumer Product Safety Commission announced a voluntary recall of Campus Cruisers' Eastside Fix single speed model bicycles. Beware, single speed bicycles tend to be used in urban areas where the riding can be especially hard on a bicycle.

The bicycle's front fork can crack or break, causing an inability to steer and posing a bicycle accident risk.

About 100 of these bicycles, made in China, have been sold nationwide by Campus Cruisers LLC, of Boulder, Colorado.

For more information about bicycle accidents and bicycle accident lawyers, see the article on my website.

 

 

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

At around 2:30 AM on Saturday, July 10, 2010, Grunilda Maldonado ,age 47, of Staten Island, pulled over her 1996 Toyota because its engine was overheating. A neighbor pulled over his car to help the stranded motorist. Maldonado was fiddling around under the hood of the car, trying to get it started.

With the hood open, Daniel Lozano, age 19, of Staten Island, slammed his 2000 Mazda into the back of the Toyota while trying to zoom between the two parked cars. He struck Maldonado, killing her instantly and slightly injuring the unidentified good Samaritan in the accident.

Coincidentally, at 7:00 AM. police responded to a domestic disturbance call, only blocks from Maldonado's death, and arrived at the home of Daniel Lozano. His blood alcohol level was twice the legal limit. Cops determined that he was also the hit and run driver and arrested him for leaving the scene of an accident and DWI.

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Read my blog about a Brooklyn drunk driver that tried to run from the cops, and bounced off more than a dozen parked cars before his arrest brought an end to his car crashing.

Or, if you prefer, there's the drunk off-duty cop who flipped his car into a building: fracturing (breaking) the arm of one of his passengers; breaking three of his own ribs and suffering a head injury; and, hurting his other passenger who will require spine surgery.

 

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

On Thursday, July 8, 2010, at about 5:00 PM, Jay Wilkins was in the Barnes & Noble bookstore in Park Slope, Brooklyn, when he decided to do a little shoplifting. A cop sees him; Wilkins struggles and runs. Out in the street he punches out a van driver and steals his van.

Wilkins leads cops on a chase through the streets of Brooklyn and, crashing the van about fice blocks from the bookstore, is grabbed by police - he doesn't get away this time.

The driver of the van, Valarae Green, was taken to Brooklyn's New York Methodist Hospital for treatment of his injuries.

Wilkins will be getting a mental health evaluation. Authorities are expected to throw the book at him.

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

Warm weather is here. Windows are open (except when they're closed for air conditioning). The United States Consumer Product Safety Commission (CPSC) is warning everyone that open windows present a risk of falling, and accident and injury to children.

Statistics show that because of open-window accidents, annually about eight five years-old and younger die, and about 3,300 children five and younger go to a hospital E.R. Of those children taken to the E.R., about one-third (⅓) were admitted into the hospital. Deaths and injury most often happens when a child pushes him- or herself against a window screen or climbs onto furniture located near an open window.  Remember, a window screen is to keep out insects, not to keep in children.

"The deaths and life-altering injuries we have seen here at CPSC are heart-breaking and in many cases preventable," said CPSC Chairman Inez Tenenbaum. "We want parents and caregivers to think safety before opening the windows where young children are present."

The best solution: window guards.

Remember Dear Readers, your child may not be as luck as the toddler who fell out of his parents' apartment window, and survived nicely. You can check out this story on my blog.

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

As a motorcycle-licensed rider I, Gary E. Rosenberg, am very aware of the dangers posed by riding a motorcycle. I have written on this subject over and over again. For example, see my blog post of April 26, 2010: Avoid Injury in Motorcycle Accidents - Wear Correct Clothing 

The possibility of broken or fractured leg bones, such as a broken or fractured tibia or broken or fractured fibula or a break or fracture of the largest bone in the body, the femur, which is situated between the knee and the hip. Of course the ankle has several bones that can be broken or fractured, both singularly or in combination, such as the lateral malleolus of the fibula and the medial malleolus of the tibia along with the inferior surface of the distal tibia articulate with three facets of the talus. And let us not forget broken or fractured patellas (kneecaps) and ligament and meniscus tears of the knee. And there is the well-known abrasion commonly called "road rash." Many of these injuries can be lessened or avoided by wearing good pair of boots and heavy long pants. I will discuss treatment for these injuries at another time.

I have written often about helmets, recently in a five part series - you can see all five parts in my blog, start with part one -- and I will leave discussion of prevention of traumatic brain injury (TBI) and brain bleeding and skull fracture for another article.

My focus here is on avoiding upper body serious injury. A new-fangled jacket that advances the cause of safety is coming to riders everywhere-from the high speed and dangerous world of motorcycle racing. The garment is intended to lessen the severity of common motorcycle accident upper body injuries such as broken or fractured clavicles or shoulder blades, shoulder injuries, including ligament and rotator cuff tears, and neck and cervical spine sprains, strains and vertebral fractures or broken cervical vertebra.

The futuristic leap taken by this clothing is based on, believe it or not, air bag technology. Italian racing clothing manufacturers Dainese and Alpinestars, have been testing inflatable suits with professional riders, and will offer for sale these inflatable suits to the public. Dainese believes that it will be offering D-Air racing suits by the end of year 2010, and Alpinestars is trying for release by June 2011.

Since airbags have been around for many years, what's taken so long?

The problem is that most serious motorcycle crashes separate the rider from his or her bike. So to be effective, a protective suit has to be on the rider, not mounted on the motorcycle. It has to cushion the initial ground impact when the rider wipes out, and, unlike a car air bag, which deflates in milliseconds, the inflated device must continue to keep protecting as the rider as he or she bounces to a stop -- sometimes for over five seconds.

This specialized clothing, which is inflated by helium gas, is heavy on computer technology; no simple engineering feat.

And for street-riding gear inflatable clothing? Because of the much different accidents prevalent in street riding -- notably head-on or side-impact collisions that hardly ever happen on racetracks -- this technology may have a ways to go until it's widely available. However, both Alpinestars and Dainese suggest that the suits will one day make their way to public roads.

 

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

On Monday, July 5, 2010, at about 6:00 in the morning, Dave Richards, age 30, of Hempstead, Long Island, New York, entered the eastbound Long Island Expressway, traveling in a westerly direction.

Between Expressway exits 24 and 25 - in Queens County - Richards, who was drunk driving, plowed his silver Mercedes head-on into an airport shuttle van driven by John Rey, age 64, of Greenlawn, Long Island. Both vehicles exploded into flames.

As a result of the accident, both men were pulled from their burning vehicles and taken to New York Hospital Medical Center of Queens in Flushing. Rey reportedly suffered multiple broken bones and fractures in his legs, and severe internal injuries. He also underwent surgery. Both men are listed in critical condition.

Thankfully, neither car was carrying passengers.

Richards was charged with driving while intoxicated, reckless endangerment, and driving with a suspended license.

"DWI" VAN PLOWS INTO 2 WOMEN IN QUEENS ACCIDENT: WILL THEY LIVE OR DIE?

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

On Sunday, July 4, 2010, Susan Paez, age 22, and Rosa Hernandez, age 47, were at 93rd Street and Corona Avenue, in Queens County, at around 7:45 p.m. They were unloading groceries from a minivan. A blue van came tearing into the two women and, in a horrific accident, blasted them into the air. The van's driver, Adam Melendez, age 59, drove off and only stopped when concerned neighbors and bystanders chased him down.

Melendez was tested at twice the legal limit for operating a motor vehicle under the influence of alcohol. He was arrested and charged with drunk driving, vehicular assault and leaving the scene of an accident.

Paez and Hernandez were rushed to Elmhurst Hosiptal, where they are in extremely critical condition. According to a family member, Paez was placed into a medically induced coma to try to relieve swelling of her brain.

Hernandez, a divorced mother of five, is fighting for her life after surgery to repair multiple broken bones and stop bleeding in her brain.

 

Comment 1. Pray for these women's recovery. Also, should either die, the criminal charges against the driver will likely be upgraded to manslaughter.

2. It is sadly ironic that I recently blogged about how the Corona neighborhood where this terrible accident occurred carries the distinction of the highest rate of drunk driving incidents in New York City.

 

 

 

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

Previously I wrote about the six month-old baby injured by a falling tree branch in New York City's Central Park Zoo. Michael Ricciutti, the baby's father, has hired lawyers who filed a papers with New York State court in Manhattan to force the City of New York to allow them to examine the tree branch and other important evidence in the case, and to prevent the City from disposing of any evidence - including cutting or pruning the tree. The pre-lawsuit proceeding also seeks records from the Central Park Conservancy and the Wildlife Conservation Society.

The papers were also filed on behalf of the baby's mother, Karla Del Gallo. In the papers, brought pursuant to New York State's Civil Practice Law and Rules Section 3102, the parties' attorney stated that Ms. Del Gallo suffered "catastrophic injuries" in the accident, including "skull, orbital and jaw fractures and severe brain damage." She has reportedly undergone multiple surgeries in the hospital.

The proceeding is scheduled to be heard in court on July 15, 2010.

 

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx¹; Queens Accident Attorney)

Thirty year-old Jijo Puthuvamkunnath of Bergenfield, New Jersey was planning to marry his fiancé next month. This past Friday, July 2, 2010, he went out on a 17-foot boat with two friends to celebrate this Fourth of July weekend. They anchored by the Statue of Liberty. And had a fatal accident.

Along came Richard Aquilone, age 39, of Jersey City, New Jersey, operating a 30 foot-long boat, named "Reel Impulsive," with his wife and three children aboard. Shortly after 6:00 PM, Aquilone's boat struck the wake of a passing tourist boat, "The Shark," and became airborne. The Reel Impulsive then dropped onto the smaller boat holding Mr. Puthuvamkunnath and his friends. The force of the accident split the 17 foot-boat into two pieces, crushing part of it.

Puthuvamkunnath was trapped in the caved-in part of the smaller boat, requiring several rescue workers to free him. He was taken, along with his friends, to Liberty Landing Marina in Liberty State Park. The three were then rushed to Jersey City Medical Center. There, Puthuvamkunnath was pronounced dead from injuries to his head and brain trauma; his two friends were treated for minor injuries, including cuts and scrapes to their heads and knees, and were listed in stable condition.

Aquilone, who was drunk and failed a Breathalyzer test, was arrested and charged with manslaughter, making this accident "not really an accident."

Comment: The Coast Guard is reminding boaters to stay safe this holiday weekend. It says that

boaters should make sure there are enough life jackets for everybody on board, and that children should wear them at all times. Also, always carry a GPS, a two-way radio and a cell phone on board.

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^{1 BRONX COUNTY COMMUNITIES Serving Bronx neighborhoods of: Baychester, Bedford Park, Belmont, Castle Hill, City Island, Clason Point, Country Club, Eastchester, Edgewater Park, Fieldston, Fordham, Hart Island, High Bridge, Hunts Point, Kings Bridge, Longwood, Melrose, Morris Park, Morrisania, Mott Haven, Mount Eden, Mount Hope, Norwood, Olinville, Parkchester, Pelham Bay, Port Morris, Rikers Island, Riverdale, Schuylerville, Soundview, Spuyten Duyvil, Throgs Neck, Unionport, University Heights, Van Nest, Wakefield, West Farms, Westchester, Westchester Square, Williamsbridge and Woodlawn.}

 

 

 

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

Two reported by the ever colorful New York Post.

FIRST, the "Maybe con."

A Brooklyn resident brought a lawsuit against the Dr. Pepper Snapple Group, claiming fraud in its claim that chocolate flavored Yoo-Hoo soft drink is "good for you."  In the finest Brooklyn tradition, this plaintiff claims to know that Yoo-Hoo is actually bad for you and unhealthy. Yoo-Hoo's people maintain that their drink is fun and safe, and that the case against it lacks merit.

Comment:This seems to me like a lame attempt to squeeze a few bucks out of a big corporate defendant. Doesn't Brooklyn guy know that companies fight these cases, like, to the death? I hope he doesn't have a lawyer bringing this claim; gives all us lawyers a bad name.

SECOND, the "Really con."

Here's the scam. You're working in a law firm, the telephone rings and you answer it. On the line is "Jimmy." He found a package on a train, addressed to the very law firm for which you work. What do you do? For sure, you want that package.

Jimmy, good soul that he is, offers to drop the package by your office.

Jimmy shows up! He has a U.S. Postal Service Express Mail envelope with copoies of insurance papers with a return address that you don't know is fake. As fake as the papers.

You are so relieved to get these documents that you don't even blink when Jimmy gives you a taxi receipt and asks only that your firm reimburse his car service fare to your office. And you're glad to give him a little money from petty cash; and Jimmy's gone by the time your firm realizes everything is fake and you've been scammed.

Jimmy, also known as James Hill, age 50, pulled this scam at some 30 Manhattan law firms. He raked in more than $1,000 for cab fare between April and June, 2010, according to police.

One of the victimized law firms reported it to the Manhattan District Attorney, which arrested this "Bad Samaritan" on Monday, June 28, 2010.

He was charged with scheme to defraud and petit larceny.

Comment: I confess: this guy was no Robin Hood, but I have to cheer (just a little) for a man who scammed a bunch of smarty-pants New York attorneys. There. I said it.

 

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

On Wednesday June 30, 2010 20 year-old Durron Scott was riding his dirt bike at 131st Street & 131st Avenue in Ozone Park, Queens, New York City. His dirt bike collided with a New York City Transit Authority bus.

Scott died from injuries sustained in the accident.

No other casualties have been reported. No criminal charges have been brought against the bus driver.

Comment: I hear "dirt bike" and I have to wonder, was Durron Scott's vehicle registered or insured for street operation? Did he have a motorcycle licence? And my favorite: Was he wearing a motorcycle helmet? (Read and Download my FREE Special Report on Motorcycle Safety.

 

 

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

The U.S. Consumer Product Safety Commission and Wilton Industries Inc. of Woodridge, Illinois are recalling a little girl's rhinestone tiara (half-crown worn on head) due to a risk of lead poisoning.

About 7,300 were sold. The tiara was made in China. The problem is that the tiara contains high levels of lead. Lead is toxic if ingested by young children and can cause adverse health effects. Even minor lead poisoning in children can affect a child's development and behavior; children may appear inattentive, hyperactive and irritable. Children with greater lead exposure may also have problems with learning and reading, delayed growth and hearing loss. At high levels of lead exposure, children can suffer permanent brain damage and even death.

The tiaras were sold at: Party City, Jo-Ann Fabrics, Ben Franklin Stores, Amazon.com, and other retailers in New York and nationwide from June 2009 through April 2010 for about $13.

 

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

Crazy stuff happening in Brooklyn. Brooklyn tattoo artist Michael Mineo claimed that on October 15, 2008 four cops jumped him in a subway station and assaulted him - and all he had done was smoke some pot. He says they did nasty things to him with a police baton. Mineo sued the officers and New York City Police Department for violating his civil rights, and being bad guys. He was seeking $440 Million.

Lawyers on both sides claimed that Mineo's underwear, which had a hole in the center where the baton allegedly penetrated, was altered by the other side.

The cops had previously been acquitted of charges in Brooklyn criminal court.

After conferring for a week, a Brooklyn federal jury dismissed the civil case against three of the four cops. As to the fourth cop, Richard Kern, they deadlocked, unable to reach a decision. Federal Judge Jack Weinstein granted a retrial against Kern, finding that there was enough evidence of excessive force to warrant giving Mineo (the plaintiff in the civil case) a retrial or, as we used to say in stickball, a "do over."

Now it gets really, really interesting. In our system of law, each side generally pays its own attorneys. So the New York City Police Department paid its lawyers, and Mineo is responsible for paying his own attorneys - who likely worked for a contingent fee or percentage of the recovery. This means if Mineo loses, his lawyers don't get paid. However, adding insult to injury, Judge Weinstein ruled that Mineo's case against the three officers was "frivolous," and ordered Mineo to pay all their legal fees and court costs, which are probably more than $100,000. So Mineo's already sort of lost. Even if he wins against Officer Kern. Get it?