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