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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)
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."
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.
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."
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Queens injury attorney)
Ice falling from the 32nd floor of New York's 37-floor Sony Building, located at 550 Madison Avenue in Manhattan, struck and shattered two 3' x 5' glass panels at around midnight on Saturday February 27, 2010.
At the time, in progress was a party celebrating the Jewish holiday of Purim.
Some fifteen partygoers were injured; some of those hurt were taken to New York-Presbyterian Hospital/Weill Cornell Medical Center and Roosevelt Hospital..
The owners of the building were cited by The New York City Buildings Department for failing to properly maintain the building. The Buildings Department had issued an advisory to the building owners in New York City on Friday to remind them to properly clear away snow or ice that might fall off after the snowstorm.
Comment: The building's owners could be fined up to $25,000. And of course we expect those injured to bring lawsuits. Three are always lawsuits by those hurt in accidents such as this.
From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Bronx accident lawyer)
On June 16, 2009, the U.S. Food and Drug Administration (FDA) warned consumers to stop using and to discard three zinc-containing Zicam nose sprays. The products may cause a loss of sense of smell.
This warning does not involve oral zinc tablets and lozenges taken by mouth. Dietary zinc is also not subject to this warning. Zinc is an important trace mineral that is an essential part of the human diet. Among other things, Zinc is needed for a healthy immune system (the body's defense), and is critical for normal growth. Zinc primarily comes from food. The best way to get the daily requirement of essential vitamins and minerals is to eat a balanced diet that contains a variety of foods.
The FDA took action because it received more than 130 reports of anosmia--the loss of sense of smell--associated with use of Zicam products.
Many people who experienced a loss of sense of smell say that the condition occurred with the first dose, although some people have reported loss of sense of smell after later doses. FDA is concerned that the loss of sense of smell may be permanent.
A New York City man is suing Mattrix Initiatives, the maker of Zicam Cold Remedy Nasal Spray in New York City Federal Court for $75 million. The products liability case claims that Zicam is a negligently designed product, and that it took away his senses of smell and taste.
Plaintiff Paul Buck Jr. said he used the over-the-counter zinc-filled spray from 2006 to 2009, and now suffers from "anosmia" - a loss of taste and smell, according to his Manhattan lawsuit.
The litigation claims that Buck worked for a food vendor at New York City's Metropolitan Museum of Art; as such, he his senses of taste and smell for his job.
The lawsuit alleges that the defendant described the spray as "doctor recommended," "safe and effective" and a "patented homeopathic" remedy, all terms designed to "lull consumers.
From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Bronx accident attorney)
Thomas Hartmann, age 41, worked construction. He also had issues with is ex-wife. He made harassing phone calls to her in violation of an order of protection, and threatened police on the night of March 11, 2004.
Police had been searching for Hartmann, who allegedly had a history of threatening his ex-wife, because he had called her home repeatedly on Thursday saying he would harm her, her family and police officers.
Police officers found Hartmann Friday as he exited a Lexus on Sunnybrook Drive East in Oceanside, police said. He reached into his pants, leading the officers to believe he had a weapon, then got back in the car and drove off, police said.
The officers followed him for a mile to Allen Avenue, where he got out. He threatened the officers and, at one point, he crouched down as if reaching for something. As he came up, one cop drove their patrol car into him at about 5 miles an hour, the right tire rolling over his legs. While possibly reckless, still an accident.
On February 19, 2010 a jury awarded Hartmann $6 million for pain and suffering, $2.1 million for medical expenses and $8.5 million for lost wages.
Comment: The jury verdict is not the final word. The trial judge can reduce the amount of the jury verdict, as can an appeals court can reduce (on appeal).
From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Bronx injury attorney)
On Saturday February 20, 2010, fire swept through the Bronxdale Houses, on Watson Avenue in the Bronx, New York City. The fast-moving blaze started in an apartment's living room just after 7:00 PM.
The fire, which appeared to be an accident, was confined to one apartment and extinguished within thirty minutes.
Two people were injured. A 60 year-old man was found in the apartment suffering from severe and extensive burns.
A 39 year-old woman broke or fractured both of her legs after she fell from a window while trying to escape the flames. Witnesses say that she grabbed on to an air conditioner but lost her grip, falling five stories to the ground.
Both injured persons are in critical condition at Jacobi Hospital, in the Bronx, New York City.
From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Bronx injury lawyer)
Erinn Phelan, age 22, and her former college roommate, Alma Guerrero, age 23, were
struck by a hit-and-run driver in Brooklyn on Sunday, February 21, 2010 at around 4:30 AM.
A green Acura Legend took off and left the two women laying in the roadway. The damaged Acura was found by police abandoned near Brooklyn's Atlantic Avenue Terminal. The driver - described as a female whose description fit that of the vehicle's owner - had fled, possibly by train.
The young women were taken to Brooklyn's Kings County Hospital, where Phelan was declared brain dead from her injuries. Guerrero was in stable condition at Kings County Hospital Sunday. Family and friends gathered of both young women assembled in the hospital.
Phelan was hired last year by Mayor Bloomberg's administration to help run New York City's new Civic Corps. Modeled on the Peace Corps, it sends young people to local organizations to help them encourage volunteerism.
Police Investigators were checking the Acura for fingerprints and searching area surveillance camera video for an image of the driver.
From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Bronx Accident Attorney)
Several recalls made almost on the same day. All recalls are for sweatshirts for kids that can cause accidental strangulation - a nasty accident; a nasty injury.
FIRST: Bobens Trading Co. Inc., of Hicksville, New York recalled Girl's Hooded Sweatshirts with Drawstrings, which were manufactured in China. It sold about 3900 pieces.
This recall involves "Old Skool" girls' hoodie sweatshirts with long and short sleeves in sizes S - XL and in a variety of colors and designs. The neck seam label reads "Old Skool" and includes the garment size. The hooded zip sweatshirts have a drawstring through the hood which poses a risk of accidental strangulation to children.
Sold at: Burlington Coat Factory stores nationwide from November 2007 to September 2009 from about $8.00 to $20.00
Remedy: Consumers should immediately remove the drawstrings from the sweatshirts to prevent an accident or return the garment to either the place of purchase, or to Bobens Trading Co. Inc., for a full refund.
SECOND: Weeplay Kids LLC, of New York City, New York, recalled Girls' Hooded Sweatshirts, which were manufactured in China and Pakistan. It sold about 11,800 pieces.
The recall involves girl's sweatshirts sold under the Candy Queen and Akademiks brand names.
Sold at: Small retail stores nationwide from February 2008 through November 2008 for between $5 and $22.
Remedy: Consumers should immediately remove the drawstrings to prevent accidental injury. Consumers can return the garment to Weeplay Kids or the place of purchase for a full refund.
THIRD: Franshaw Inc., of New York City, N.Y., recalled Children's Hooded Jackets, which were manufactured in China. It sold about 2400 pieces.
This recall involves Blue Heart and Just a Girl brand children's sweatshirts. The sweatshirts were sold in sizes 4 to 6X.
Sold exclusively at: Burlington Coat Factory stores nationwide from September 2006 through September 2009 for about $10.
Remedy: Consumers should immediately remove the drawstrings from the jackets to keep children from getting hurt in an accident or return the garment to Burlington Coat Factory or to Franshaw Inc. for a full refund.
FOURTH: Baycreek Inc., of New York City, NY, recalled Attitude Gold children's hooded sweatshirts in sizes small, medium, large and extra large. The sweatshirts were sold in beige, blue, charcoal gray and black and have a random distress designs. Manufactured in China, it sold about 1900 pieces.
Hazard: The sweatshirts have a drawstring through the hood which can pose a strangulation hazard to children.
Sold at: Burlington Coat Factory and Modecraft Fashions stores nationwide from October 2008 through June 2009 for about $25.
Remedy: Consumers should immediately remove the drawstrings from the sweatshirts to prevent an accident or return the garment to either the place of purchase or to Baycreek for a full refund.
Comment: In February 1996, the U.S. Consumer Product Safety Commission (CPSC) issued guidelines to help prevent children from strangling or getting tangled on the drawstrings of jackets and sweatshirts. Drawstrings on children's clothing present a hidden hazard that can lead to injury and death when they catch on such items as playground slides, bus doors, or cribs. From January 1985 through January 1999, CPSC received reports of twenty-two deaths and forty-eight non-fatal incidents involving the entanglement of children's clothing drawstrings.
To prevent accidental strangulation, CPSC recommends that children's coats, jackets and sweatshirts have non-drawstring closures: such as snaps, buttons, Velcro, and elastic.
CPSC also recommends that the hood and neck drawstrings be removed from all children's coats, jackets and sweatshirts. Even just shortening a neck drawstring can still leave it dangerous, it's best to just remove it.
The ends of waist/bottom drawstrings of children's coats, jackets and sweatshirts should measure no more than three inches from where the strings extend out of the garment when it is expanded to its fullest width. Also, the drawstring should be sewn into the garment at its midpoint so the string can not be pulled to one side, making it long enough to catch on something. CPSC also recommends eliminating toggles or knots at the ends of all drawstrings. Shortening the length of drawstrings and removing togges and knots reduces the risk that the strings will become entangled in objects such as school bus doors or other moving objects, which would present a risk of serious accidental injury.
We've known for more than ten years that drawstrings on children's hoods and the waist area of jackets are a bad idea. So why do retailers keep selling them?
From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Bronx Injury Attorney)
Why, oh why, are products still being sold in New York and the U.S.A. that use lead-based paint?
The latest product recall is for: Allreds Design Baby Bracelets and Pacifier Clips.
About 900 of these were manufactured in the United States and distributed by Allreds Design (doing business as Hidden Hollow Beads), of Fort Duchesne, Utah. They were sold in 2008 for about $5.00.
The recalled bracelets and pacifier clip clasps contain high levels of lead. Lead is toxic if ingested by young children and may lead to accidental lead poisoning, which can damage and hurt childrens' health.
Allreds Design reports a 10-month-old infant who was treated for accidental lead poisoning.
The recall includes Allreds Design-brand baby bracelets and pacifier clips. The bracelets are sold in sizes 0-6 months, 1-4 years, and 4-8 years of age. The baby bracelets and pacifier clips have crystal and plastic beads in various colors with a metal clasp.
If you have this product in your home, please throw it away.
From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Bronx accident lawyer)
Wednesday, February 17, 200 at around 8:00 AM, four-year-old Amron Altman was waiting for his school bus on 13th Avenue at 49th Street in front of his home in Borough Park, Brooklyn. He slipped on ice and was sucked under the rear wheel of a passing bus. He died from his injuries.
The driver of the bus that caused his death did not know that he had struck the child. When he was alerted as to what occurred, he returned to the accident scene. The bus driver passed an alcohol test. No criminal charges are expected arising out of this tragic accident.
From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Bronx Injury Lawyer)
Jose Juarez, age 16, of Sunset Park, Brooklyn, was injured in a tragic accident in a New York City subway tunnel at around 10:00 Saturday evening (February 13, 2010).
The teenager was allegedly preparing to paint graffiti in a tunnel. Thus the boy, his brother, and cousin were walking the northbound tracks of the "N" line. The accident occurred about seventy-five feet north of the King Highway station's platform.
The youths had seen a train leaving the station and were pressed into recesses along the tracks that were for use by maintenance workers. It is uncertain how Jose's leg got caught by the train.
According to an unidentified police officer, the boy was hit by a "shoe," the metal part of the train that connects it to the third, electrified rail. The officer felt Jose was lucky in only losing his leg, because he easily could have been electrocuted and his death would have been instant, and horrible.
From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Bronx Accident Attorney)
On Saturday, February 13, 2010 at about 3:00 in the morning, off-duty police officer Raphael Ospina, age 27, was driving while drunk. His Chrysler 300 clipped a garbage truck, jumped the curb, struck a tree and a garbage can, flipped over and smacked into the front of the New York's famous Tiffany store on Fifth Avenue.
Ospina, a resident of Fresh Meadows in Queens, had two passengers in the car; all were hurt in the accident. Firefighters had to cut them out of the Chrysler.
The three men were taken to Manhattan's Bellevue Hospital and treated there for injuries from the crash. One of Ospina's passengers fractured his arm, while the off-duty officer broke three ribs and suffered a head laceration. The other passenger hurt his back and will require back surgery for his injury.
The driver of the garbage truck, while shaken, was not hurt in the accident.
Ospina, who joined the N.Y.C. police department in 2004 and is assigned to the 25th Precinct, was charged with DWI and vehicular assault. He's been suspended without pay.
Comment: While technically an "accident," this occurrence doesn't bode well for P.O. Ospina's career in law enforcement.
From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn1 Queens Bronx; Bronx Injury Lawyer)
Almost 800,000 Wind Chime Toys sold throughout the United States and Canada have been recalled for presenting the possibility of a dangerous accident.
Manufactured in China, and distributed by Tiny Love Inc., of New York City and the Maya Group Inc., of Huntington Beach, California, the wind chime toy can be pulled apart exposing sharp metal rods, presenting puncture, slicing, cutting and and laceration hazards to a baby.
There are reports of five babies hurt and injured when they pulled apart the wind chimes. Sharp metal rods were exposed, in one case puncturing the cheek of one child.
The wind chime carry the names Gymini Kick & Play Activity Gym and Tiny Smarts Gift Sets. They make the sound of a wind chime. "Tiny Love" is on a tag on the toy. They were sold at
TJ Maxx, Target, Walmart, Buy Buy Baby, and Toys R Us stores from 2002 through 2010 for about $8 separately, $22 for the Tiny Smarts Gift Sets and $70 with the Gymini Kick & Play Activity Gym.
Avoid an accident and injury to a precious child and take down this crib toy if you own it.
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1Serving Brooklyn neighborhoods of: Bath Beach, Bay Ridge, Bedford-Stuyvesant, Bensonhurst, Bergen Beach, Boerum Hill, Borough Park, Brighton Beach, Broadway Junction, Brooklyn Heights, Brownsville, Bushwick, Canarsie, Carroll Gardens, City Line, Clinton Hill, Cobble Hill, Coney Island, Crown Heights, Cypress Hills, Ditmas Park, Downtown Brooklyn, DUMBO, Dyker Heights, East Flatbush, East New York, Flatbush, Flatlands, Fort Greene, Fort Hamilton, Fulton Ferry, Georgetown, Gerritsen Beach, Gowanus, Gravesend, Greenpoint, Highland Park, Homecrest, Kensington, Manhattan Beach, Marine Park, Midwood, Mill Basin, New Lots, Ocean Hill, Ocean Parkway, Paerdegat Basin, Park Slope, Plum Beach, Prospect Heights, Prospect Lefferts Gardens, Prospect Park South, Red Hook, Remsen Village, Rugby, Sea Gate, Sheepshead Bay, Spring Creek, Sunset Park, Vinegar Hill, Williamsburg, Windsor Terrace and Wingate.
From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx1; Bronx Accident Attorney)
On Friday, February 5, 2010, at about 2:00 PM, Jackson Heights resident Jozef Wilk accidentally fell to his death while working in construction on a building owned by Columbia University and located at 603 W. 129th St., in Manhattan, New York City.
Wilk was working on scaffolding outside the third floor of the building when he fell through a window and down an inside elevator shaft, sustaining a fatal injury. He was taken to St. Luke's Hospital where he was pronounced dead from his injuries.
According to a N.Y.C. Department of Buildings spokesperson, several violations were issued as a result of the accident: (1) for failing to safeguard persons and property, (2) for having an open and unguarded elevator shaft, and, (3) for improperly constructed scaffolding. No criminality is suspected.
Comment: Jozef Wilk's death appeared to be the first fatal 2010 construction accident leading to death. According to the N.Y.C. Department of Buildings fatalities at building sites dropped 84%, from nineteen in year 2008 to three in year 2009.
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1Serving 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 Queens1 Bronx; Bronx Injury Attorney)
A very sad thing is a baby crib recall because the crib in question causes accidents or hurts our youngest children. Nonetheless, such recalls are constant and an all too frequent occurrence.
Consumer Product Safety Commission (CPSC) announced the recall of all Generation 2 Worldwide and "ChildESIGNS" drop side cribs. Parents are warned that toddlers and infants may suffer serious injury or death due to a strangulation and suffocation hazard because of the design of the cribs.
Caretakers and parents are urged CPSC staff urges parents and caregivers to immediately stop using these cribs. Do not try to repair the crib.
The crib's plastic hardware can break and cause the drop side of the crib to come loose from a corner of the crib. When the drop side detaches, it creates a space into which an infant or toddler can roll and become trapped and suffer injury. When a child is trapped between the drop side and the crib mattress, there is a risk of the child accidentally suffocating or bring strangled or otherwise hurt.
Also, the crib's mattress support can come loose from the crib frame, creating a hazardous space in which an infant or toddler could become trapped and suffocate or strangle.
CPSC reports three infant deaths from suffocation. In tragic accidents, these children - from Ohio, Indiana and Virginia - became trapped and hurt between the crib mattress and the drop side when the drop side detached.
There are also reports of twenty other injuries in drop side incidents; of injury to children trapped when a drop side detached in a corner of the crib. In other accidents, children have also fallen out of the cribs and been hurt.
CPSC has received eight reports of mattress support detachment. In the space created by the detachment, three children became wedged between the crib frame and the sagging mattress and four children crawled out of the crib. There was one report of cuts and bruises.
Generation 2 went out of business in 2005, so there is limited information about the cribs. CPSC believes that there were more than 500,000 of these cribs sold to consumers. All Generation 2 Worldwide and "ChildESIGNS" drop side cribs are being recalled.
The recalled cribs were sold at numerous local furniture and retail stores including Buy Buy Baby, Kmart, and Walmart stores across the U.S. for between $70 and $150.
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1Serving Queens neighborhoods of: Arverne, Astoria, Auburndale, Bayside, Beechhurst, Bellaire, Belle Harbor, Bellerose, Blissville, Breezy Point, Briarwood, Broad Channel, Cambria Heights, College Point, Corona, Douglaston, East Elmhurst, Edgemere, Elmhurst, Far Rockaway, Flushing, Forest Hills, Fresh Meadows, Fresh Pond, Glen Oaks, Glendale, Hillcrest, Hollis, Holliswood, Howard Beach, Hunters Point, Jackson Heights, Jamaica, Jamaica Estates, Jamaica Hills, Kew Gardens, Laurelton, Lefrak City, Linden Hill, Lindenwood, Little Neck, Long Island City, Malba, Maspeth, Middle Village, Murray Hill, Neponsit, Oakland Gardens, Ozone Park, Pomonok, Queens Village, Queensboro Hill, Rego Park, Richmond Hill, Ridgewood, Rockaway Park, Rockaway Point, Rosedale, Saint Albans, Seaside, South Jamaica, South Ozone Park, Springfield Gardens, Steinway, Sunnyside, Utopia, Wave Crest, Whitestone, Woodhaven and Woodside.
From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Bronx Injury Lawyer)
In an unusual joint product recall the United States Consumer Product Safety Commission and Health Canada announced a recall of CYBEX brand Strollers, because they can cause amputation and cutting or laceration of a child's small fingers and hands.
About 1100 of these strollers are being recalled in the U.S., and about 90 in Canada. They are distributed by Regal Lager Inc., of Kennesaw, Georgia.
The hazard or danger is that the stroller's hinge mechanism can catch a child's finger when the user is unfolding or opening the stroller.
There has been one reported case of a child accidentally fracturing or breaking his finger when it caught in the stroller's hinge mechanism.
This recall covers Ruby, Onyx and Topaz models of CYBEX umbrella strollers. The side of the strollers has printed on it the word "CYBEX." The stroller, manufactured in China, was sold at children's and department store last year for about $200.
Consumers should immediately stop using the recalled strollers and contact the distributor to receive a kit to correct the problem.
From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Bronx Accident Attorney)
The United States Consumer Product Safety Commission and Macy's announced a voluntary recall of First Impressions Boy's Three-Piece Santa Set. No children have been reported hurt or injured, but loose buttons on the jacket can come loose, and be swallowed by and choke a small child. This clothing, manufactured in China, was sold at Macy's stores and through its website late last year and retailed for about $30.00. Consumers are warned to return the suits to the store where purchased.
Comment: It would have been nice for consumers if this recall had been issued before the Christmas holidays!
From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Bronx Injury Lawyer)
This story unfolded gradually. It started as a report of an unidentified 39 year-old woman killed Friday night (January 29, 2010) at about 8 PM while crossing Broadway near West 90th Street when she was struck by a car - a late model Ford or Dodge - that drove off, leaving the driver unidentified. The victim was struck so hard she was knocked out of her boots.
The pedestrian died from her injuries and was pronounced dead at St Luke's-Roosevelt Hospital Center. Police were checking into he possibility that the driver had robbed a nearby CVS pharmacy and was fleeing.
Facts have been trickling in, and the story taking shape. We have now learned that the dead victim was named Karen Schmeer and that she was an award-winning documentary film editor.
We now also know that the accident started with a shoplifting crime: three men stealing over-the-counter drugs from an Upper West side CVS Pharmacy.
At the time that Karen Schmeer was killed, cops were chasing the car carrying the shoplifters. Although the men fled the car after it crashed, police were able to arrest the driver, David McKie, age 25, of Coral Gables, Florida, and Brooklyn, New York. The search continues for the other perpetrators.
From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Bronx Injury Attorney)
In a press release, United States Secretary of Transportation Secretary Ray LaHood announced new Federal guidelines yesterday (January 27, 2010) to prohibit interstate drivers of large vehicles, such as trucks and buses, from sending text messages while driving. Truck drivers and bus drivers who violate the rule may face penalties of as much as $2,750.
Research by the Federal Motor Carrier Safety Administration shows that text-messaging drivers take their eyes off the road an average of 4.6 seconds out of every 6 seconds. In a vehicle moving at 55 miles an hour, the driver can travel the distance of a football field - more than 100 yards - without looking at the road. More importantly, bus and truck drivers who text message while driving have a twenty times greater likelihood of getting into a motor vehicle accident than drivers who are not distracted.
The Department of Transportation Department is also exploring limiting the use of dashboard computers, which truck drivers commonly use while driving to stay in touch with their dispatchers.
Citizens can monitor the efforts of the Department of Transportation to fight distracted drivers at www.distraction.gov, which bills itself as the "Official U.S. Government Website for Distracted Driving" - which is a pretty darn silly name. It should really call itself the "Official U.S. Government Website Against Distracted Driving"
Comment: Loyal Readers may recall my blog of December 18, 2009 where I reported that New York State banned testing while driving by passing Vehicle and Traffic Law Section 1225-d. The statute prohibits using any "portable electronic device," which seems to make New York State a little bit ahead of the Federal Government in promoting driver safety.
From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Bronx Injury Attorney)
Dated: January 21, 2010
The United States Consumer Products Safety Commission announced today that Lifetime Brands Inc. of Garden City, New York has recalled its Pedrini brand fruit and vegetable chopper.
About 6000 units have been sold. The chopper's metal blades can break and fall into food being prepared in the chopper - which presents risk of serious injury if swallowed. Not an accident that anyone wants to have.
This product, manufactured in China, cost about $25.00 and was sold at Sam's Clubs late last year (2009).
Comment: The Pedrini brand was started in Italy in 1942, and sells a wide range of table and kitchen tools. New York-based Lifetime Brands states on its website that its goal is (in part) to
develop innovative products. It seems that the company looks for inventors to work with.
From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Queens Injury Attorney)
51 year-old Richard Barton of Suffolk County was struck and killed on Sunday (1/17/2010) while walking in the roadway - the eastbound traffic lane of Pulaski Road, near West Point Drive, in East Northport, Long Island, New York.
A Dodge Caravan operated by Vinton Simms, age 77, of East Northport, hit Barton on a dark portion of the roadway. Simms and Barton were both taken to Huntington Hospital, where Simms complained of a knee injury. Barton was pronounced dead.
No criminal charges are expected.
From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Queens Injury Attorney)
An as yet unnamed 32 year-old driver was killed and his passengers hurt and injured when their car hit a pothole, went out-of-control, and struck a telephone pole in Brooklyn in the early hours of Monday morning (1/18/2010). Reportedly, they were heading home from a night of clubbing.
The motorist was driving on Kings Highway near Tilden when his 2002 Honda Odyssey minivan struck the pothole and then the pole, throwing him out of the car. Witnesses say the driver was sucked underneath the van.
He died at the scene. Five passengers suffered injury. No criminal charges are expected.
Comment: Perhaps not an avoidable accident; but an avoidable death. Dear Readers this is my New Year's resolution: "That you all wear your seatbelts!"
From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Bronx Injury Attorney)
Missouri teenager Jimmy Winkelmann had a cute and clever idea, as teenagers often do. The 19 year-old needed help paying for college and decided to start a line of clothing that parodied mega-clothing maker The North Face. Now Winkelmann had a sense that he was playing with fire, because he posted a (clever) disclaimer on his web site:
"We are not in any fashion related to nor do we want to be confused with The North Face Apparel Corp. or its products sold under "The North Face" brand. If you are unable to discern the difference between a face and a butt, we encourage you to buy North Face products."
Winkelmann's The South Butt line of jackets, shirts and shorts carry the "The South Butt" logo and operate under the pronouncement, "Never Stop Relaxing," a gimmicky turn of The North Face's motto, "Never Stop Exploring." The North Face logo has a downward-sloped looking "slope" on the right-hand side of the company name; The South Butt's logo is to the left of its name and, in a different font, and carries an opposite curve, looking a little like, well, a butt.
The North Face is owned by VF Corporation, whose website proclaims it "the world's largest apparel company," and "a $7 billion plus powerhouse."
Showing no sense of humor whatsoever, The North Face sued The South Butt in Federal Court in St. Louis for trademark infringement, to force The South Butt to stop on-line selling of spoof T-shirts, fleece jackets and sweatshirts. If anything, this heavy-handed approach increased The North Face's own damages, by giving media exposure to a tiny flea of a competitor well beyond what would have been The South Butt's proverbial "15 minutes of fame."
So this little accident and collision between The North Face and The South Butt - drawing the ire of The North Face, which has decided to play hardball - may pay Winkelmann's way through four years of college and then some. That is if legal costs don't eat him alive and kill his business.
The pundits are asking all the yentas out there in cyberspace to pick a side: "Never Stop Suing" or "Turn the Other Cheek?"
From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Bronx Injury Lawyer)
When Guillermo Castro, age 46, was stopped by New York City narcotics officers on the afternoon of January 14, 2010, he quickly backed up, knocking down and injuring an as yet unnamed detective. Showing uninterrupted bad judgment, he then raced his car northbound up Ninth Avenue in Manhattan, not caring that Ninth Avenue is a one-way southbound street. Fortunately, he didn't cause an accident or hurt anyone else.
A spokesman for the NYPD said that the officer suffered injury to one of his legs. A second cop was also hit in the leg but his injury was not as serious. Both policemen were treated at Bellevue Hospital Center.
Castro was caught at 40th Street and Ninth Avenue. Drugs were found in his Nissan Maxima. Criminal charges are pending.
From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Bronx Accident Lawyer)
Sunday morning, January 10th, Marc Napolitano and Katelyn Lonergan, both age 19, died at the scene of a 3-car crash in upstate New York.
Napolitano was driving west on Route 23 near the Town of Windham when his automobile crossed over the center line and struck two oncoming eastbound vehicles.
Napolitano's Honda struck was a 2008 Audi driven by a Hoboken, N.J., resident, and then a 1999 Ford SUV driven by an upstate New York resident.
The driver and two passengers in the Ford were hurt and taken to Albany Medical Center with minor injuries. No one in the Audi was hurt in the crash.
Authorities are investigating to try to determine why the Honda crossed over the center of the roadway.
From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Brooklyn Accident Lawyer)
This toy is shaped like a hammer. The business part of the hammer and its reverse are cups. There is also a cup in the bottom of the handle. On top of the toy is a spike, that receives a wooden ball with a small hole it. The ball also has a string attaching it to the "hammer." You play by flipping the ball off the top spike and catching it in one of the three cups. In Japan this is an organized sport.
About 300 of these toys, which is known as Kendama, have been sold in the U.S.A. and are recalled because the paint on the ball - it may be red or green - has lead in it. A Japanese Kendama Association sticker is attached to the toy.
The toy was manufactured in Japan and sold through Kendamaspot's Web site and festivals in Washington State in 2008 and 2009, for about $20.00.
For additional information, visit the firm's Web site at www.kendamaspot.com
From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Bronx Accident Lawyer)
Lose your wallet and you cancel your credit cards. Do you give any thought to your health insurance card? A thief or finder of your health insurance card can steal far more than with a misappropriated credit card.
What's the hurt? Credit cards are well protected. Signature required. Magnetic strips. Special codes. Maybe even the card user's photograph.
Health insurance cards tend to be simple pieces of plastic with the benefits holder's name and account number and, usually, lots of "800" numbers to call for claim information. Yet there exists something like a $70 billion problem that costs insurers for fraud. An expense that can only be passed down to you, the person whose money and/or labor pays the health care insurance premium.
There are different kinds of fraud at work.
In certain large cities, organized rings of thieves will steal medical identities and create phantom medical care providers. This phony provider or clinic will bill health care insurers such as Medicaid or Medicare aggressively for as long as they can get away with it. When caught or discovered they drain the money out of their business accounts and disappear. This leaves the person with the stolen identity in a bind. He or she may owe money for medical services not received. Also they have a falsified personal medical record, which impacts their ability to get future insurance or even a job.
Another manner of health care identity theft is where a person assumes your identity to get medical care. Frequently this would be for something expensive like surgery or dental care. Unscrupulous family members might even share a health care insurance card among themselves -- one brothr or sister helping another. Which is why smart medical providers ask to see their patient's driver's license or other proof of identity in addition to a health insurance card.
As with your credit card statement, carefully look over your health insurance Explanation of Benefit forms that shuold be mailed to you. Make sure the services listed were actually provided to you.
Finally, check your credit reports regularly, to see if collection efforts or judgments are recorded against you for fraudulent bills to your health insurance (for treatment not rendered to you), which are unpaid. Besides not condoning the rip-off of medical insurance carriers -- which can bite us all on the butt when premiums increase -- you wish to avoid injury to your own credit.
From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Brooklyn Accident Attorney)
Dear Readers, I'm going to show you something that I hope you never see again, except in this blawg. You see, I got me a ticket for running a red light. And I got my picture took. Or, more accurately, my car got its picture took.
Now, no one was injured or hurt. I had no accident. No lives were damaged or lost. I just got caught. Busted. No points have been added on to my license, like might happen if I was convicted of a moving violation; but I have paid a $50 fine. Because I think it's interesting, I want to share with you part of the enclosure that New York City sent to me with its Notice of Liability.
Here's what the City of New York sends:
Red Light Fact Sheet
"Legislation has been enacted to allow the City of New York to issue Notices Of Liability for red light violations based on images taken by an automated camera. The red light cameras are installed to deter motorists from committing red light violations. The enforcement of these violations has been given to the Department of Transportation.
The enclosed images were taken automatically by such a camera. The Red Light Camera is connected to a traffic light and is only active when the light is red, not when the light is green or yellow.
Vehicles crossing the stop line or entering the crosswalk after the light turns red are detected automatically. The camera takes two photographs, approximately one second apart. The images show the date and exact time of the violation as well as the number of seconds since the light had turned red. (Refer to Data Field explanation, below). A flash unit allows the camera-to operate at night as well as in daylight.
When a red light offense is photographed, the registrant is mailed a Notice of Liability along with one or more images showing the violation. The registrant is liable for a fine, currently of $50.00, but will not receive points on his or her driver's license.
Under the law, the registrant can be held liable even if he or she was not the driver if the car was photographed going through the red light.
The enclosed Notice of Liability describes the procedures for paying the fine or pleading not guilty and requesting a hearing. Please read all of the information carefully."
Then, on the page where the photos of my car are shown:
"Please take notice as the Registrant of the vehicle described below which was operated in violation of section 1111 (d) of the Vehicle and Traffic Law at the place, date and time below: because the driver did not stop for the red light at the stop line, or before entering the crosswalk, you are liable to pay a fine within 30 days of the date of this notice (NOL) for the amount shown herein pursuant to section 1111-a of the VTL, section 19-210 of the NYC Administrative Code and the Rules of the NYC Department of Finance. One or more photographs evidencing the violation are shown. Please see the reverse for further instructions."
The photographs of my car came out pretty good, so there is really no defense to these pictures. Particularly since New York's automobile license plates reflect light, so when photographed with a flash, your license plate practically stands up and waves hello to the camera.
Now in the interest of serving my version of the public good, I should tell you that there are websites that provide the locations of these red light cameras. If you're so inclined, check out http://www.photoenforced.com or http://wikidriving.com (look for: "Red Light Camera Locations"). Please remember to drive safely and with or without red light cameras, it's not a good idea to "eat" a red light.
From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Bronx Injury Attorney)
I just blogged about Leandra's law on December 30, 2009. This new law gives longer jail sentences to drunk drivers with children in their car, and requires notification of Child Protective Services if the driver is a parent or guardian of one of the children.
Johnny Ovalles, age 38, of Brooklyn, is accused of weaving in and out of traffic and motoring way over the speed limit on Queens County, New York's Grand Central Parkway at 6:30 AM on New Year's Day. Police grabbed him, and one can only surmise that a sigh of relief passed through the lips of his passengers - his wife and daughters, age 12 and age 16.
Ovalles' eyes were bloodshot and he smelled of alcohol. According to authorities he admitted to drinking, and blew almost double the legal limit on his Breathalyzer test.
Ovalles faces serious felony time - up to four years in prison - under Leandra's Law. Fortunately, he didn't hurt or injure anyone or cause an accident. Why his wife got into the car with her daughters we may never know. A big thank you to the cops that pulled Ovalles over before he caused an accident or hurt anyone, whoever you are.
From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Brooklyn Injury Attorney)
Tuesday, January 5, 2010 was simply a bad, crappy day in New York City. There are no better words to describe a day in which several people died in various of New York City's neighborhoods.
FIRST: A wanna-be model, Ms. Gypsy Porfirio, age 34, of Brooklyn mowed down a couple jogging on Hyland Boulevard in Staten Island at about 4:40 PM. Ms. Porfirio was allegedly high on a combination of prescription pills and told authorities, "I blacked out at the wheel." Seriously injured were Daniel Kelley, age 23, and Gina Siclari, age 18, both of Staten Island. Mr. Kelley was in extremely critical condition from head trauma and other injuries; he is not expected to live. Ms. Siclari suffered a fractured or broken ankle, and assorted soft tissue injuries. Ms. Porfirio faces a host of criminal charges. Her bail has been set at $150,000.
SECOND: In Manhattan, a bicycle rider died instantly when she hit a pothole on Delancey Street at Ludlow Street, and fell into the path of a school bus. This occurred at around 4:15 PM, near the Williamsburg Bridge. Her name has not been released yet, but no criminal charges are expected. Local activists are blaming, in part, the broken condition of the pavement in and around Delancey Street.
THIRD: At around 7:30 AM, Brooklyn resident Rosemary Platt, age 46, was struck by a forklift in the Midwood neighborhood of Brooklyn and died 30 minutes later in a local hospital. The vehicle was ferrying materials for a New York City Transit Authority subway repair project.
FOURTH: Shortly before 12 noon in Crown Heights, in Brooklyn, Ms. Mary Mason, age 59 - who is reported as being homeless - was hit and killed by an oil delivery truck as she crossed Pacific Street. She was pushing a shopping cart full of bottles and cans to recycle, which may have gotten caught in the truck.
From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Bronx Accident Lawyer)
Dear Readers: This one is guaranteed to scare you at least a little. We buy things for our children in stores and assume that the products we purchase won't hurt our families. But sometimes, no matter how careful we are, we can be wrong. A dangerous product can lead to injury or, even, death. This is why we have a U.S. Consumer Product Safety Commission, and product recalls.
The headline for this recall reads: "Children's Hooded Sweatshirts with Drawstrings Recalled by Jason Evans Associates Due to Strangulation Hazard; Sold Exclusively at Burlington Coat Factory."
The recall is of Boys Fleece & Flannel Zip Hooded Sweatshirts with Drawstrings, sold under the brand name "Bay Trading." Approximately !8,000 pieces were sold by Burlington Coat Factory from 2006 through 2009, priced around $16.00.
Manufactured in Pakistan, the hooded zip sweatshirts have a drawstring through the hood which can pose a strangulation hazard to children. Thankfully, no accidents or injuries have been reported.
From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Brooklyn Accident Lawyer)
When I first saw this I thought, "How do you make dangerous boots? Where's the risk of accident or injury?" Then I read further and saw, "lead paint." The headline reads:
"Timberland Recalls Children's Boots Due to Violation of Lead Paint Standard"
The U.S. Consumer Product Safety Commission announced a voluntary recall of these boots. Consumers should stop using recalled products immediately.
Apparently, 21,000 boots imported by Timberland from Thailand have lead paint on the insole, violating federal lead paint rules. I'm guessing this paint was used for printing of the logo inside the boot. Please note Dear Readers, these are CHILDREN'S boots and children are particularly sensitive to the effects of lead and lead poisoning. Avoid a lead paint accident that could injure or hurt your child.
The recalled boots are beige and sold in toddler size 4 through junior size 7. They were sold across the U.S. and New York in 2009 for around $60.00.
For additional information, contact Timberland at (800) 445-5545 or visit its Web site at www.Timberland.com.
Comment:Is it possible to get lead poisoning from a shoe? Maybe if the child is barefoot? But this seems an odd way for an accident to occur; a strange way for a child to suffer hurt or injury. The point is, I guess, that with children's health we take no chances.
From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens1 Bronx; Queens Accident Lawyer)
A fast-moving fire tore through a Brooklyn, New York apartment house early Thursday morning (December 31st), taking the life of a much loved great-grandmother. Araselia Seguie, age 81, was killed in a fire that devoured her East New York apartment. Her family was able to get out and escape injury the flames and smoke.
The victim was alone in the third-floor apartment when the blaze caught. Her family, many of whom were elsewhere in the building, could not get to her; the thick black smoke and heat were too intense.
Fire Department officials report that Ms. Seguie was dead when firefighters reached her, apparently from smoke inhalation. Five firefighters were hurt fighting the fire, suffering from smoke inhalation and burns.
The cause of the blaze is under investigation; but did not appear suspicious, according to officials.
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1Serving Queens neighborhoods of: Arverne, Astoria, Auburndale, Bayside, Beechhurst, Bellaire, Belle Harbor, Bellerose, Blissville, Breezy Point, Briarwood, Broad Channel, Cambria Heights, College Point, Corona, Douglaston, East Elmhurst, Edgemere, Elmhurst, Far Rockaway, Flushing, Forest Hills, Fresh Meadows, Fresh Pond, Glen Oaks, Glendale, Hillcrest, Hollis, Holliswood, Howard Beach, Hunters Point, Jackson Heights, Jamaica, Jamaica Estates, Jamaica Hills, Kew Gardens, Laurelton, Lefrak City, Linden Hill, Lindenwood, Little Neck, Long Island City, Malba, Maspeth, Middle Village, Murray Hill, Neponsit, Oakland Gardens, Ozone Park, Pomonok, Queens Village, Queensboro Hill, Rego Park, Richmond Hill, Ridgewood, Rockaway Park, Rockaway Point, Rosedale, Saint Albans, Seaside, South Jamaica, South Ozone Park, Springfield Gardens, Steinway, Sunnyside, Utopia, Wave Crest, Whitestone, Woodhaven and Woodside.
From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn1 Queens Bronx; Brooklyn accident lawyer)
Driving drunk with a child in your car is now a felony in New York. The new law, know as either Leandra's Law or (officially as) The Child Passenger Protection Act, was inspired by the memory of 11 year-old Leandra Rosado of New York City and was signed into law by Governor Paterson on November 18, 2009. The law took effect on December 18, 2009. The child, Leandra, was killed in an accident just this past October while a passenger in the car of a friend's mother. The driver was drunk; her car flipped over on the Henry Hudson Parkway. She eventually was charged with manslaughter.
The State Senator co-sponsoring the bill was quoted as saying that last year 59 children were killed or hurt while in a car operated by a drunk driver.
The statute has several important provisions.
First: It is a felony, punishable by up to four years in prison, to drive drunk with a blood alcohol level of .08 or higher with a child younger than 16 years old in the car.
Second: Drunk drivers who cause the death of a child passenger car will face up to 25 years in prison; those who seriously injure a child riding in their car will face up to 15 years in prison.
Third: If the driver violating this law is the passenger-child's parent or guardian, child protective services is to be notified.
Fourth: (This is what I think is the most interesting part of the law.) As of August 15, 2010, any driver convicted of felony or misdemeanor drunk driving, in addition to fines and or jail time will be ordered to install and maintain an ignition interlock device on his or her car or truck. This means that convicted drunk drivers will have to pay to install a gizmo that locks their ignition while they blow air into an attached tube. If they're sober, the car starts.
To avoid having friends or family members test in place of the driver, some devices have cameras attached or require re-tests periodically during the car's trip. Failure to take the re-test may set off the car alarm, or send a GPS-alert to authorities. The devices also are virtually tamper proof.
The courts and law enforcement authorities are scrambling to make sure that enough of these devices will be available.
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1 Serving Brooklyn neighborhoods of: Bath Beach, Bay Ridge, Bedford-Stuyvesant, Bensonhurst, Bergen Beach, Boerum Hill, Borough Park, Brighton Beach, Broadway Junction, Brooklyn Heights, Brownsville, Bushwick, Canarsie, Carroll Gardens, City Line, Clinton Hill, Cobble Hill, Coney Island, Crown Heights, Cypress Hills, Ditmas Park, Downtown Brooklyn, DUMBO, Dyker Heights, East Flatbush, East New York, Flatbush, Flatlands, Fort Greene, Fort Hamilton, Fulton Ferry, Georgetown, Gerritsen Beach, Gowanus, Gravesend, Greenpoint, Highland Park, Homecrest, Kensington, Manhattan Beach, Marine Park, Midwood, Mill Basin, New Lots, Ocean Hill, Ocean Parkway, Paerdegat Basin, Park Slope, Plum Beach, Prospect Heights, Prospect Lefferts Gardens, Prospect Park South, Red Hook, Remsen Village, Rugby, Sea Gate, Sheepshead Bay, Spring Creek, Sunset Park, Vinegar Hill, Williamsburg, Windsor Terrace and Wingate.
From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Bronx Injury Lawyer)
The U.S. Consumer Product Safety Commission is charged with protecting the public from unreasonable risks of serious injury or death from thousands of types of consumer products under the agency's jurisdiction. The CPSC is committed to protecting consumers and families from products that pose a fire, electrical, chemical, or mechanical hazard. The CPSC's work to ensure the safety of consumer products - such as toys, cribs, power tools, cigarette lighters, and household chemicals - contributed significantly to the decline in the rate of deaths and injuries associated with consumer products over the past 30 years.
Dehumidifiers take moisture out of the air. Commonly used in warm weather, Home Depot has recalled dehumidifiers that can catch fire and hurt or injure people by burning them.
The dehumidifier was sold under the name of Hampton Bay.
Imported and sold by Home Depot, about 2000 were sold.
A part in the unit can overheat, leading to an accidental fire.
Eighteen people have reported the dehumidifiers catching fire. One person reported a burn injury to the forearm.
Made in China, the dehumidifiers are beige, have four wheels, and measure 21 inches high, 13 ½ inches wide and 17 ½ inches long. "Hampton Bay" is printed on the front panel. Model HB-50 is being recalled. The model number is printed on the back interior panel.
To avoid an accident stop using this dehumidifier immediately and call Home Depot at (800) 553-3199 or visit the website at www.homedepot.com
From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Brooklyn Injury Lawyer)
The United States Consumer Product Safety Commission and the National Highway Traffic Safety Admin. (NHTSA) announced a recall of Dorel Infant Car Seat/Baby Carriers.
The child restraint handle to the seat can loosen and come off, dropping the seat (with baby in it) and potentially causing injury to the child. At least three infants have been hurt in accidents where the handle came off the car seat/carrier, causing bumps, bruises and a head injury.
This recall is for Safety 1st, Cosco, Eddie Bauer and Disney brand infant car seat/carriers manufactured in 2008 and 2009. They were sold with Travel Systems. The stroller portion of the Travel System is unaffected by the recall.
About half a million of these products have been sold. The carriers, manufactured in China, sold here for between $120 and $220.
There is a repair kit available. Consumers should not use the handle of the car seat/carrier until a repair kit has been installed.
For additional information, contact Dorel Juvenile Group at (866) 762-3316.
From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Queens accident lawyer)
New York motorists can no longer read, write or send text messages or play games on their cell phones or computers while driving. New York State's Legislature found that text messaging is an unsafe distraction to drivers that can cause accidents and injuries and, effective November 1, 2009, enacted Vehicle and Traffic Law Section 1225-d imposing a fine of up to $150.00 upon violators.
The law specifically apples to any "portable electronic device," which is defined as: a handheld mobile telephone, personal digital assistant (PDA), handheld device with mobile data access, laptop computer, pager, broadband personal communication device, two-way messaging device, electronic game, or portable computing device.
The law does not apply if you're facing an emergency. But please Dear Readers, don't lie to the police if caught, for the consequences could be worse than just a traffic ticket.
This leads to my next topic and pet peeve: texting while walking - which can be equally as dangerous as texting while driving. I've almost hurt or killed pedestrians crossing in front of me against the light, while looking down and text messaging.
According to some doctors, many young texters are tumbling face down and injuring chins, eyes, and mouths, particularly if they trip while clutching - and trying not to drop - their cell phone. And while broken teeth can bring new business to dentists, pedestrians need to pay attention. And not trip on raised sidewalks or broken sidewalk gratings or other barriers or obstructions on the street. Or worst of all (or second worst after being hit by a car), trip over another pedestrian, hurting him or her.
From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Bronx Accident Lawyer)
Let's recall my blawg post from August 25, 2009. Loyal Readers will remember that I discussed video surveillance by insurance companies of accident victims - plaintiffs who are hurt and claim to be limited in their ability to engage in physical activity. I also pointed out that:
"MySpace. FaceBook, etc. By now you've no doubt read about companies that check out prospective employees' social networking sites over the Internet. Is the job applicant shown in photos doing something incompatible with the company's values? Is she using drugs? Or is he in a state of undress? Or making obscene gestures? Or showing a gang or prison affiliation? These occurrences are all too common these days.
Be especially careful if you're an accident victim. Be wary about posting photographs to a website that are inconsistent with your claims of physical limitation. And if you can't engage in sports, don't show your blue ribbon for winning a swim meet or a hockey trophy, and so forth."
My point was and is that the Internet and Cyberspace never forget. Everything put out there can be found by a determined investigator. So the answer is simple: If you're hurt or injured from an accident, don't put anything into the on-line universe that contradicts your claims! Don't give the insurance companies evidence against yourself.
This leads to today's blawg topic which has to do with a woman in Canada, Nathalie Blanchard. What happened to her could happen to anyone hurt physically or, as in Nathalie Blanchard's case, hurt or unable to function due to psychological injury or sickness.
Nathalie Blanchard, age 29, worked for IBM, the big computer company.
For reasons unknown to your humble blawger, Blanchard went out on leave from her job at IBM in Quebec, Canada, some year and one-half ago due to major depression. We do not know what caused her depression, or how it was diagnosed and whether it was treat with medication or talk therapy or both or by nothing at all.
We do know that Blanchard got a monthly check from IBM's insurance company, Manulife, until her insurance agent spotted photos of Blanchard on Facebook . . .are you ready? having fun. Now Manullifer alleges that Blanchard can't be depressed because, "Look, she's having fun."
The photos showed Blanchard at a Chippendales show and on vacation on the beach.
Blanchard says her doctor advised her to get out and have some fun to forget about her problems. He also recommended exercise. Basically, she says that the photos show part of her medically-prescribed treatment for depression - to go out and try to have fun - and don't mean that she was cured.
Blanchard and her lawyer are taking legal action, says the insurer stopped paying Blanchard, costing her thousands of dollars.
Comment: What's peculiar here is this: How did Manulife get into Blanchard's Facebook photos
when her profile was locked and only her "friends" can look past her name?
From: New York attorney Gary E. Rosenberg (Queens personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)
Of interest and in the news lately is the pedicab. Common in New York City's Borough of Manhattan and in congested cities worldwide, but particularly in parts of Southeast and Eastern Asia, the pedicab is a human-powered (no motor) means of carrying passengers.
Pedicabs are usually tricycles which are pedaled, with the passengers seated in the back, and are used on a for-hire basis. Undoubtedly a tough way to make a living, I've often marveled at the fitness of pedicab drivers. Imagine, getting paid to exercise! And tourists seem to love riding in pedicabs. In Manhattan we see pedicabs with reflectors and lights, and sometimes covers for bad weather.
Pedicabs travel with vehicular traffic and I've seen them weaving in and out of moving lanes of cars and such. So how well would a pedicab come through in an accident?
About a week ago, a pedicab was exiting the Williamsburg Bridge into Brooklyn when it hit one of New York's fabled yellow taxis. The pedicab flipped over from the impact, injuring the pedicab driver and two of his passengers were injured. Not wearing a helmet, the pedicab driver suffered serious head injuries and was taken to Bellevue Hospital. It's not known how badly the passengers were hurt.
Although a law exists that prohibits pedicabs from traveling on bridges and in tunnels, the city does not enforce the ban because of a lawsuit challenging the law's licensing provisions. The suit has been resolved, but the city must draft new rules and hold hearings before the law can be enforced. Also not enacted were regulations requiring seatbelts and an emergency brake, and limiting the pedicab to three passengers. Also of note, pedicabs rarely carry insurance, so if you're a passenger in one and injured, you may be stuck paying medical bills.
In light of this, the New York Times reports that New York City will move forward with its long-stalled regulation of pedicabs, four days after the accident in Brooklyn. The accident, apparently, focused attention on the lack of oversight of the tourist-friendly tricycles. Owners of the pedal-powered cabs would have a 60-day window to register with the city, under a proposal announced by the mayor and the City Council speaker. Those who provide proof of ownership and insurance would receive a license, providing that their vehicles pass a safety examination.
From: New York attorney Gary E. Rosenberg (Brooklyn personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)
This story is about a month old, but still blawg-worthy.
A jury in Manhattan reached a verdict after trial of $27.5 million, in favor of a 45 year-old pedestrian, Gloria Aguilar. Gloria Aguilar's left leg was run over by a New York City bus in November, 2005. After several surgeries her left leg was completely amputated, all the way to her pelvis.
The Transit Authority's defense - rather an all or nothing proposition - was that she had been outside the crosswalk and walked in front of the bus.
Let me share some thoughts.
First, although I am a plaintiff's personal injury lawyer, representing people injured or hurt in accidents, I believe that it's hard to get hit by a motor vehicle while in the street unless you are not paying attention. This is undoubtedly the approach that the Transit Authority took in defending against Gloria Aguilar's lawsuit. In her case, the jury found that the bus driver was careless. However, it's hard to imagine that the jury was not swayed somewhat by her horrible injury. Also, Ms. Aguilar had a terrific, well-known New York City personal injury trial attorney.
Second, is this a case of the legal system run amuck? In a time of increasing budgets for buses and subways, with fare increases and service cuts, can we afford to let juries take a large chunk out of the taxpayers' pockets? (For that's where the money to pay this jury award comes from. There is no insurance for Transit Authority bus or subway accident cases.) Do we need "tort reform."
Third, "No, we don't need 'tort reform'." A verdict this large is unusual and unlikely to withstand scrutiny. And it is important to know that there is further scrutiny of jury verdicts. The jury does NOT have the last word. For example,
Fourth, the trial judge has the power to reduce an unreasonably high jury verdict. In this case, the judge declined to do so. Also,
Fifth, the jury verdict can also be reduced on appeal. In cases such as this, a higher court will compare the jury's award with awards for cases with similar injuries, and decide if the award "shocks the conscience." This is likely to happen here. Leg amputation cases rarely reach even into the eight figures (above Ten Million Dollars).
So what is a lost leg worth? That is for the jury and trial judge and appeals court to say. Just remember that our system does work, without any tort reformist notion like caps on pain and suffering, or taking away or limiting a citizen's right to trial by jury.
From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Queens Accident Lawyer)
One New Years Eve some 20 years ago my younger brother was walking around Montreal when he slipped and fell on ice, hitting his head. A stubborn sort, my brother refused medical attention, until he began to lose feeling on one side of his body. Rushed to a local hospital, it was his good fortune that the head neurosurgeon was on duty that night. My brother had suffered a subdural hematoma, or brain bleed. His life was saved by emergency surgery where his skull was opened up, and the bleeding stopped.
Former Congressman and musician Sonny Bono (of Sonny & Cher fame) died on January 5, 1998. He struck a tree while skiing in Nevada, and hit his head. He died instantly of massive brain injuries.
Actress Natasha Richardson, just 45 years-old, recently suffered a small tumble on a ski slope in Quebec. Like Sonny Bono (and my brother) she was not wearing a helmet. Yet she hit her head. She suffered no immediate symptoms, yet some four hours later her condition worsened and she died shortly afterwards.
Traumatic brain injury (TBI) -- a blow to the head that disturbs the normal function of the brain -- occurs regularly in recreational and organized sports. About 200,000 persons suffer traumatic brain injury every year. While not usually fatal, sometimes a blood vessel in the brain gets broken, and bleeding and death can swiftly follow. Not all blows or jolts to the head result in TBI. The severity of TBI may range from "mild" - such as a brief change in mental status or consciousness - to "severe" - an extended period of unconsciousness or amnesia after the injury.
A person with mild TBI may remain conscious or may experience a short loss of consciousness. Other symptoms of mild TBI include headache, confusion, lightheadedness, dizziness, blurred vision, ringing in the ears, fatigue or lethargy, a change in sleep patterns, behavioral or mood changes, and trouble with memory, concentration, attention, or thinking. A person with more severe TBI may also have a headache that gets worse or does not go away, repeated vomiting or nausea, convulsions or seizures, an inability to wake up, enlargement of one or both pupils of the eyes, slurred speech, weakness or numbness in the arms and/or legs, loss of coordination, and increased confusion, restlessness, or agitation.
TBI can cause a wide range of functional changes affecting thinking, sensation, language, and/or emotions. It can also cause epilepsy and increase the risk for conditions such as Alzheimer's disease, Parkinson's disease, and other brain disorders that become more prevalent with age.
According to The Centers for Disease Control, the leading causes of TBI are:
Falls (28%);
Motor vehicle-traffic crashes (20%);
Struck by/against events (19%); and
Assaults (11%).
Football and basketball lead the number of TBI-related emergency room visits, joining the recreational sports of skiing, bicycling, driving all-terrain vehicles, and playground activities.
So, when riding a motorcycle or bicycle, wear a helmet. When skiing, snow or skate-boarding or rollerblading, wear a helmet. Parents, make your children wear a helmet.
From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Brooklyn Accident Lawyer)
My friend's mother passed away at home recently. Now this is not one of those tales of a senior citizen beaten or hurt or injured by a her home health care givers. This story presents a different kind of horror, one of theft.
There are many ways to cheat the elderly, and some are legend. There's the young woman who pretends a romantic interest to obtain an older man's home and money; older homeowners ripped off by home-improvement con men; and elderly people who may sign papers without understanding them, permitting his or her bank account to be emptied by a new "friend."
Many of these crimes go unreported.
In the case of my good friend's mother, she was robbed, pure and simple. She was cleaned out. All her jewelry taken. Even stolen was a bottle of perfume that my friend had bought his mother for Christmas.
Was she robbed before she died, or after she was taken to the hospital where she quickly passed away? More than one care giver had her keys, and that presented a problem. Unless caught red-handed, these crimes are near impossible to solve.
My friend's mother had lovely jewelry, and she even had a safe. But she was old and her hands unsteady and vision poor, so she couldn't be bothered putting away her valuables and taking them out to wear. She was unwilling to give them to her children to safeguard because, well, these were her possessions and she wanted them and their memories around her, even though her daughter and granddaughter lived nearby and visited her almost daily.
So what to do? How do we protect senior citizens or the vulnerable from abuse and theft?
If you hire a home health aide through an agency, make sure it conducts background checks of its employees. If you hire privately, there are ways to conduct your own criminal background check - just look in the telephone book.
One can install video cameras in the house with an Internet feed to watch that the older loved one is not abused or robbed. But people tend to keep their valuables in their bedroom, and no older person trying to live at home to retain their independence is likely to consent to that level of invasion of privacy.
There is no simple answer, except, perhaps, increased vigilance.
For more information, contact the New York State Office for the Aging Senior Citizen's Help Line at 1-800-342-9871 or go to its website: www.aging.ny.gov
From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Queens Accident Lawyer)
An honors student was struck and killed by a school bus Thursday morning, December 4, 2008, as she crossed the street on the way to catch the Q88 city bus to school.
Jasmine Paragas, 14, a freshman at Francis Lewis High School in Queens, suffered head injury when she was struck at 8:10 a.m. - while crossing 57th Avenue at 90th Street in Elmhurst, a few blocks from her home. She died from her injuries at Elmhurst Hospital.
At the time of the accident the bus was making a left turn onto 57th Street and the teenager was crossing along the crosswalk. It was carrying four persons to an adult education class.
The driver of the bus, George Severino of Brooklyn, was issued three summonses by police -- two for equipment failure and a third for failing to yield to a pedestrian.
The girl had emigrated to the United States with her parents five years ago, from the Philippines
No criminal charges are expected to be filed.
From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Queens Injury Attorney)
FBI and police investigation has resulted in 61 persons and 2 corporations being charged with fraud on October 30, 2008.
Queens County District Attorney Richard A. Brown announced the end of a widespread, multimillion-dollar No-Fault insurance fraud scheme. Defendants, some of whom operated a Manhattan medical clinic, are charged with staging accidents and even causing them deliberately over the last three years. It is claimed that insurance carriers were cheated out of more than $1.6 million for unnecessary medical treatment for made up or exaggerated injuries.
District Attorney Brown said, "With today's indictments, we have closed down a major insurance fraud ring and have sent a clear message that combating insurance fraud remains a top law enforcement priority."
Also, a threat to public safety has been halted.
The investigation, called Operation Direct Hit, started when Queens police noticed a pattern of accidents within a few blocks. The victim's vehicle - usually driven by a person of Asian descent - was intentionally hit while backing out of a driveway or pulling out of a parking spot. The defendant alleged to have coordinated these accidents targeted Asian drivers due to prejudice, because he believed they are commonly thought to be bad drivers and would be blamed by police and insurance companies for the accident instead of the persons staging the accident.
Some of the Asian drivers were hurt or injured and, as a result, some of the defendants are charged with assault as a hate crime, which can add to their prison sentence if they're convicted.
Defendants are also charged with enterprise corruption, insurance fraud, grand larceny, falsifying business records and money laundering.
The occupants of the cars were allegedly over-treated at Bronx Park Medical (also known as Health Bay Medical) at 100 Dyckman Street in Manhattan, which was at the heart of the scam.
The clinic's operators allegedly paid up to $2,500 to their "runners" for each person recruited to pose as an injured accident victim. The runners or other clinic employee then paid the fake patients up to $1,000 to participate in the scheme. Furthermore, lawsuits for some of the staged accidents were spun off to various personal injury lawyers
Comment: Can the indictment of doctors and lawyers be far behind?
From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Brooklyn Injury Lawyer)
This past Friday morning, October 24th, a hit-and-run driver struck and killed 74 year-old Alzheimer-sufferer Bridget Morrissey. She was crossing 75th Street at 14th Avenue in Bay Ridge, Brooklyn, at 6:50 a.m. when she was struck by a west-bound car that kept going. She leaves seven children, 12 grandchildren and four great-grandchildren.
She was mortally injured in the accident, and declared dead at Lutheran Medical Center.
From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Queens Injury Attorney)
When: October 11, 2008 at around 6:30 A.M.
Where: 401 West 18th Street in Manhattan's Chelsea neighborhood, the 7th floor apartment of the Balbuena family.
Firefighters arrived within four minutes of a 911 call. While some battled flames that engulfed the kitchen and spread to a living room and long hallway, others rushed into the 20-foot long hallway and the three bedrooms and bathroom at the back of the apartment.
In the bathroom, they found the mother, Delkis Balbuena, 34, with her 8-year-old daughter, Nanny Joa Balbuena, in a bathtub filled with water, where they had tried to seek refuge. A 3-year-old girl, Bet-el Joa Balbuena, was also found in the bathroom, under a sink.
On the floor in a small bedroom at the back, huddled under bunk beds near a window, firefighters found the 40-year-old father, Maschay Joa Valdez, with his 15-month-old daughter, Ruth Joa Balbuena, and his 10-year-old son, whose name was not released.
"It was not a big bedroom," Deputy Fire Chief James Daly said. "They were definitely trying to make their way out."
Witnesses said the victims were unconscious when firefighters brought them out of the building.
"The firemen were giving them CPR but that wasn't helping. The kids weren't breathing." Smoke inhalation injured and killed them.
The 10 year-old boy, the only survivor of the fire, was transferred from St. Vincent's Hospital in Manhattan to Jacobi Medical Center in the Bronx, where he was pronounced brain dead. (Jacobi has a hyperbaric chamber that treats victims of smoke poisoning by increasing the oxygen flow to body tissues.)
Contributing to the fire:
1. The place where the fire began and layout of the apartment contributed to the deadliness of the fire. The only door opened onto a small foyer, with the kitchen to the left and a living room to the right. Beyond those rooms, a long hallway leads to three bedrooms and the apartment's only bathroom at the back.
Fire officials said the long hallway acted like a chimney, drawing smoke from the kitchen - which was near the front door - into the living quarters in the rear. "It was intense heat that trapped the family in the back," said Deputy Chief James Daly.
The fire quickly engulfed the kitchen and spread to the living room, blocking the exit, Chief Daly said. "That fire didn't allow them to get past the door," he added. "They were trapped in the rear."
As smoke filled the rooms and flames spread, the family apparently retreated along the hallway to the back of the apartment. "That narrow hallway is now basically a chimney that they're trying to get down, and they can't," Chief Daly said.
Recommended was for them to have shut the bedroom doors and use wet towels to cover the openings at the bottoms of the doors, and wait for rescue by fire fighters.
2. Smoke detector disabled.
The apartment's partially-melted smoke detector had been doubly-disabled. It should have been wired into the building electrical system, and had a battery back-up. The battery had been removed and the wires disconnected, the Fire Department said.
A working smoke detector might have saved the six.
Comment: Make sure you have working smoke detectors - press that "test" button.
From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Queens Injury Lawyer)
An article appeared in one of my local daily newspapers today about people afraid their bank will fail and they'll lose their money. This despite FDIC insurance on bank accounts being raised from $100,000 to $250,000.
A big picture of a Manhattan man who just withdrew his life's savings from his local bank. He's flashing a shoe box with his cash in it - he plans to take it home. Any thieves out there, please look away.
It seems a lot of consumers are afraid of bank failure and taking drastic measures to protect their hard earned savings. Many are investing their money in precious metals: gold, silver, and the like, or real estate.
Experts agree that taking out your money in a panic is probably a bad idea. A spokesman for the American Bankers Association points out, "Not one penny of insured deposit has ever been lost by a depositor throughout the entire history of the FDIC."
Flash back to the failure of IndyMac Bancorp Inc. earlier this year. Customers lined up to pull out as much money as they could from the failed financial institution.
The mortgage lender, which succumbed to the pressures of tighter credit, tumbling home prices and rising foreclosures, is the largest regulated thrift to fail and the second-largest financial institution to close in U.S. history, regulators said.
Some 10,000 depositors had funds in excess of the insured limit (then $100,000), for a total of $1 billion in potentially uninsured funds, the FDIC has said.
Comment: Watch your account balances in any single bank and remember, money in a shoebox earns zero interest; and precious metals and/or real estate could tumble too.
From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Brooklyn Injury Lawyer)
The date: September 8, 2008; the time: about 8:00 at night.
Jose Silva, age 43, of White Plains, Westchester County, New York, was driving his son and nephew in his 2004 Saturn and following his G.P.S.-based navigation system. It told Silva to turn right, so he turned right. Right on to Metro-North railroad tracks.
Now you know this wouldn't be much of a "Really Dumb Stuff People Do" accident story if Silva's car didn't get stuck on the train tracks, which it did: the car got stuck on the train tracks. Fortunately, Silva and his passengers fled his car before it got hit by a Metro-North commuter train, which stranded some 400 passengers for hours. Thankfully, no one on the train was hurt or injured.
Some interesting asides:
1. Authorities gave Silva three summonses, claiming he had adequate warning of the presence of the train tracks.
2. Silva claimed that some seven minutes passed before the train crushed his automobile, and that he had called "911" to try to stop any trains. Metro-North said that Silva might have had a chance if he had dialed an MTA hotline number posted at the intersection - 888-MTA911PD, which would have cut steps out of the train-stopping process. (One wonders if an all numeric telephone number might make more sense.)
3. The same kind of car accident occurred on January 2nd, when a different driver, Bo Bai of Sunnyvale, California, made the same turn in a rental car at the direction of his in-car navigation system. He was not hurt in that incident, but was also ticketed for blocking the Metro-North tracks.
Commentary: Moral of this story is, I guess, don't blindly follow your navigation system - but why should I even need to say this?
From: New York attorney Gary E. Rosenberg ( Queens injury lawyer)
Jacob Chubalashvili, age 17, took a friend's Mercedes without permission. He was speeding on the east-bound Central Parkway service road around 5:30 a.m. yesterday, ran a red light, and hit an Acura going northbound on 69th Road in Forest Hills, bouncing it into a pole. The Acura was crumbled and split in half.
Killed instantly were two people in the Acura, Ki Kim and Kyekyung Kim of Kew Gardens, a married couple in their fifties.
Chubalashvili faces multiple charges, including second-degree manslaughter, driving without a license, speeding, and running a red light. He admitted smoking marijuana before he got behind the wheel.
Prosecutors are waiting for his blood test results to decide if there will be additional charges.
The young man reportedly had a troubled past, with arrests for robbery and turnstile jumping.
From: Gary E. Rosenberg, P.C. ( Queens Injury Lawyer)
Children are getting burned in New York City Parks, due to the intense summer heat. There are reports of two sources of these burns: metal slides and rubberized cushioned ground mats.
The metal slides heat up under the sun, and children have been known to splash water down the slides to make them cool enough to use.
Possibly scarier are the incidents of barefoot children who burn the bottoms of their feet on the black mats. News reports say that in the hot sun the mats can reach temperatures as high as 165 degrees.
Dr. Palmer Bessey, of New York-Presbyterian's burn center, states that the soles of young feet can be burned in about three seconds at 140 degrees.
The City's Department of Parks and Recreation notes that all parks have signs warning children and other users to wear shoes, and that parents and caretakers should keep a careful eye on youngsters, who sometimes want to run barefoot.
A recent U.S. Consumer Product Safety Commission handbook recommended lighter colors for playground surfacing, which would get hot less quickly than the black mats that are currently installed.
From: Gary E. Rosenberg, P.C. ( Queens Injury Attorney)
Nacirema Brown, age 9, ran into Rockaway Avenue near Glenmore Avenue in Brooklyn, and was hit by a Nissan Maxima that drove away. The accident happened at about 9:00 Saturday night (July 19th). Before taking off, the driver of the car got out and cursed at the little girl. The Nissan was later found abandoned in Brooklyn.
Police arrested Jerry Coleman, age 41, of Brooklyn who was charged with leaving the scene of an accident and driving without a license.
The child was taken to Brookdale University Hospital where she is in critical condition. Due to her injuries- reportedly a fractured skull and brain bleeding - she has been placed into a medically-induced coma. Doctors give her a 50-50 chance of surviving.
From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)
Maxwell Grullon, age 28, of Yonkers, was riding on the running board of his girlfriend's
white Jeep, holding on to the roll bar, Saturday night at about 10:30. Apparently the two had an argument.
Police report that Grullon and his girlfriend, 36-year-old Lillian Vega, were party-hopping that night, and that he was intoxicated when he died.
When the car switched lanes he was thrown to the ground and died from a massive head injury. The Jeep stopped for a short time and then kept driving. Vega claims that as she was slowing down he either jumped or fell. She stopped, and not seeing him on the shoulder and angry from the fighting, she decided to let him walk home, and drove away, claiming that she did not know he was hurt.
No criminal charges have been filed.
From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)
Marine Sgt. Thomas Neiper, 25, of South Plainfield, NJ, was killed at about 4 A.M. Friday in Staten Island when he lost control of his motorcycle.
On leave from Iraq, Sgt. Neiper was riding home to New Jersey from a friend's house, on Arthur Kill Road near the Outerbridge Crossing, when he lost control and slammed into a guardrail.
He died from his injuries.
He was due to return to Iraq shortly for another tour of duty.
From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)
Wednesday afternoon at about 1:45 P.M., Lourdes Fernandez, age 68, was crossing Madison Street in Manhattan, returning from grocery shopping near her lower East Side apartment, when an M22 New York City bus struck and crushed her beneath its rear wheels. The bus drove on as she died from her injuries.
According to reports, the driver of the M22 bus did not realize that he had hit Fernandez and drove on, continuing to pick up passengers. Police finally stopped the bus about a mile away, on Chambers St., long after Fernandez had died.
The driver was not charged with a crime for this accident.
From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx) Yesterday at around 5:00 P.M., an ambulette driver struck a pedestrian – a young teenage boy, who was running across a Brooklyn street. Thirteen year-old Rich Lamont was crossing Clarkson Avenue near East 91st Street when he was struck by a 2005 Ford. He died at the scene from his injuries. The driver, Carl Neblett, 33, stayed at the scene and was arrested and charged with driving with a suspended license, a misdemeanor. It is reported that his view my have been obstructed by double parked trucks. The ambulette was registered to Professional Transportation Corp. in Glen Cove, Long Island. No word as to why Neblett’s employer allowed him to drive with a suspended license. Commentary: A thought: Was it negligent for the ambulette company to entrust its vehicle to an employee with a suspended license?
From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx) As long as there have been cities and hot weather and fire hydrants, children have splashed and played in the water from open hydrants. Six year-old M'mah Bangoura was hit by a car or van and dragged on East 166th Street between Sheridan and Sherman Avenues at about 6:00 p.m., in front of dozens of other children. Cops were trying to determine whether she was killed by a livery cabby, who drove her to Bronx Lebanon Hospital, or by a hit-run driver – possibly of a tan or maroon Toyota Sienna minivan – or possibly by both. Reportedly, the driver's vision was blocked by water from the hydrant hitting his windshield so that he didn't see the child run across the street, where she was going to see a friend. The girl and her family are immigrants from Guinea, Africa. Commentary: A good reason why authorities try to shut off open fire hydrants; and they should.
From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx) Two taxi/livery cabs hit on Bruckner Boulevard in the Bronx yesterday at around 4:00 P.M. One hit a van and one jumped the curb and struck and killed a pedestrian. The pedestrian suffered a heart attack and died at Lincoln Hospital. The drivers of all three vehicles and the hurt and injured passengers were taken to Jacobi Medical Center and Lincoln Hospital.
From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)
Friday evening – May 16th – just before 7 p.m. a Chevy Astrovan was heading south on Lexington Avenue. At 125th Street the van sped onto the sidewalk near a crowded subway station, plowed into bystanders, and hit a wall. The van’s driver, Cesar Tabora, age 58, was pronounced dead. It appeared that he suffered a heart attack while driving. Seven pedestrians were injured. A two year-old boy was pinned under the van and suffered life-threatening injury. Also hurt were a seven year-old girl and five adults. Commentary: No word yet if the driver had a previously diagnosed heart condition. If so, did he have any business driving? Was he careless? Negligent? Reckless?
From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx) Accident last Tuesday (May 13th) in Brooklyn. Akeem Suluki, age 9, was hit by a car – a Dodge Charger – and thrown into the air at around 3:30 p.m. at the intersection of Macon St. and Reid Ave. in Brooklyn. At the time he was walking home from elementary school and holding a crossing guard's hand. Suluki was taken to Kings County Hospital, in critical condition, suffering from head trauma and brain injury. He was on a respirator and also suffered a collapsed lung and several broken and fractured bones. Driver Shyquan Burns, age 16, fled the scene after the accident but later turned himself in to police. He was charged with leaving the scene of an accident and driving without a license. Commentary: How does a 16 year-old boy get a car to drive? Who owned that Dodge Charger? Where were Burns’ parents?
From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx) This is an older new article with an update. On May 8, 2008, shortly after midnight, two cars were drag racing on 164th Place and 109th Avenue in Jamaica, Queens. One of the racing vehicles, a BMW, collided with a Ford Escape, ejecting from the back seat of the Ford five year-old Jordan Mclean, the nephew of the Ford’s driver. Jordan suffered head injury and brain trauma and was later pronounced dead at Jamaica Hospital. The other two people in the Ford were not seriously hurt. Both the driver of the BMW and the other drag racer drove from the scene to avoid police. Last night (Friday, May 9th) the driver of the BMW, Shelmar Adams, age 30, of Jamaica, surrendered to police. He was charged with leaving the scene of a fatal accident. Commentary: I have a sad and perhaps too-obvious point to make. Although nowhere mentioned in the news reports of this horrible accident, if the child (Jordan Mclean) had been in a child seat or toddler seat with a seatbelt on, he could not have been ejected from the car, and might not have been injured. I hope his aunt can live with that knowledge.
From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx) A 27-year-old Howard Beach college student, Angela Johnson, was killed Saturday at around 9:45 A.M. when her 1995 Nissan Maxima was struck by a fire truck racing to a fire in Queens. Johnson was heading south on 155th Street, the fire engine was westbound on 111th Avenue. The intersection was controlled by four-way stop signs. The Maxima stopped briefly at a stop sign and proceeded into the intersection where the FDNY truck hit it, crushing the car and pushing it about 100 feet. Witnesses say that the fire truck, Engine 275, was on its way to a house fire in Jamaica, and had on its lights and siren. Firefighters got off the truck and pulled Johnson from her car. She was taken by ambulance to Mary Immaculate Hospital, where she died from her injuries. Six firefighters were hurt in the accident and were treated at Long Island Jewish Medical Center. Comment: Much as with police, a fire truck heading to an emergency call with lights and siren on is virtually immune from tort liability under New York’s Vehicle and Traffic Law Section 1104. See my comments in my prior blog of March 26, 2008.
At around 9:45 P.M., 71 year-old Nezilia Augustin was crossing Eastern Parkway at its intersection with Utica Avenue, in Brooklyn, when she was struck by a car. She was then struck by a second car. She was later pronounced dead at King County Hospital. Both drivers remained at the scene and are not expected to be charged with any wrongdoing. From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)
Six people were injured at around 11:00 A.M. Friday when a 1999 Nissan automobile jumped the curb outside the State Supreme Court building at 60 Centre Street, in Manhattan.
The car drove onto the sidewalk, crashed into a coffee cart operated by Jaweed Naseri, 26, of Douglaston, Queens. Naseri was able to jump free of the coffee cart and was not hurt. The driver, Lorenzo Bello, 33, of Ridgewood, Queens, was taken to Bellevue Hospital. He appeared dazed and may have suffered a seizure while driving. He was arrested and charged with reckless endangerment and aggravated unlicensed operation of a motor vehicle, a misdemeanor, for driving with a suspended license. Pedestrian Max Verline was walking toward the cart when he was struck by the car on the steps of the courthouse, suffering a broken or fractured leg. Another passer-by, Theresa Rodriguez, suffered minor injury and scrapes to her leg. Commentary: In light of Bello’s reported seizure, he may bear no legal liability to the inured people, even though he was arrested for driving with a suspended driver’s license. From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)
A 90 year-old Suffolk County woman was taking garbage out to bins near her apartment complex parking lot when she was struck and killed by a Mitsubishi Eclipse that was backing up. At about 7:30 Friday evening Bay Shore resident Nancy Estergomy was knocked to the ground by the car, driven by Vidal Katwaroo, 20, also of Bay Shore. He was issued a summons for aggravated unlicensed operation of a motor vehicle. It is unknown why he was driving without a license. Estergomy was taken to Southside Hospital where she died from her injuries, which included severe head trauma. From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)
Minghui Yu, a native of China and a PhD student at Columbia University, was hit by a car while trying to escape two muggers at around 9:00 P.M. Friday night.
Two men accosted Yu at Broadway and 122nd Street. He fled onto the street and was struck by an SUV traveling south on Broadway. Yu was taken from the accident scene with a critical head injury, and died from his injuries at St. Luke's Hospital. Police are looking for the muggers, who fled the scene.
The SUV’s driver remained at the scene and is not expected to face any charges. Commentary: Apparently, Columbia University captured the mugging and accident on video tape. We’ll see if the hoodlums are caught. From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)
Queens District Attorney Richard A. Brown announced today that a physician employed at a Forest Hills medical clinic has been charged with insurance fraud for allegedly falsely billing insurance carriers under New York’s no-fault law for costly medical tests never provided to motor vehicle accident victims – even to hurt or injured patients. The District Attorney identified the defendant as German Laufer, 61, of 22 Knutsen Drive in West Orange, N.J., who practices at medical clinics located at 101-20 Queens Boulevard, in Forest Hills; 197-27 Hillside Avenue, in Hollis; and 139-81 35 Avenue, in Flushing. The defendant also has a business known as Milan Medical located at 401 76th Street, Suite H1, in Brooklyn. The defendant was released without bail following his arraignment today in Queens Criminal Court on two counts of fourth-degree grand larceny, nine counts of fourth-degree insurance fraud, nine counts of first-degree falsifying business records and seven counts of fourth-degree attempted grand larceny. The defendant faces up to 4 years in prison if convicted and the loss of his medical license. He was ordered to return to court on May 9, 2008. District Attorney Brown said that, according to the criminal court complaint, between June 2003 and June 2006, the defendant submitted insurance claims for costly nerve conduction studies and needle electromyographs ("NCV/EMGs") that, in fact, were not performed on nine individuals. An NCV tests the flow of electrical currents across the nerves, and an EMG is a recording of the electrical activity in muscles and nerves. The defendant is alleged to have caused fraudulent claims for these unrendered and unnecessary medical tests to be submitted to three no-fault insurance companies in an amount totaling more than $15,000. Commentary: Insurance fraud is an ongoing problem and casts aspersions on innocent accident victims. No-Fault fraud makes it harder for legitimately injured accident victims to get the care they need. I most recently wrote about his problem on February 12th, in a blog piece about doctors, a dentist, and psychologist sentenced to jail for No-Fault insurance fraud. For more information about dishonest doctors (and lawyers) see my FREE book: Good Lawyers Don’t Call You First. From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)
Last year there was much to-do in the papers about a Muslim man and orthodox Jewish (Hasidic) woman going into business together in two Dunkin’ Donuts franchises. Both have spouses and four young children. Essam "Sam" Habib and Hindy "Cindy" Gluck met while she was a real estate broker showing him store locations. They decided to pool their life savings and, in 2005, opened a Dunkin’ Donuts franchise on Church Avenue at East 17th Street in Flatbush, Brooklyn. In 2006 they opened another Dunkin’ Donuts franchise, on Flatbush Avenue and Sixth Avenue, in Brooklyn. Habib is the majority shareholder and Gluck owns less than 50% of the business. He goes to his mosque to pray on Fridays and she takes off on Saturdays to observe the Jewish Sabbath, leaving him in charge. The doughnuts are brought in from a kosher bakery. On Jewish holidays, Ms. Gluck transfers her share of the business to Mr. Habib, because she is not allowed to earn money on those holy days. Neither Habib or Gluck take any money from the profits made from selling pork products, such as bacon, sausage and ham. They give away the sales proceeds from those items. The New York Times noted last year that because of a contract dispute, Mr. Habib and Ms. Gluck were selling their stores back to Dunkin’ Donuts. But the truth is nastier. A fight broke out because Gluck tried to sell a small part of her portion of the business to two employees. Now, Dunkin’ Donuts has an interest in controlling who runs its franchised restaurants. Dunkin’ makes certain that the owners and operators of its restaurants are qualified to run a first-class operation, so that they will do nothing to tarnish the Dunkin’ Donuts name – a very valuable name and trademark, indeed. Because of this, almost every business franchise agreement in the world, and certainly the Dunkin’ Donuts franchise agreement, provides that Dunkin’ Donuts headquarters must approve any sale or transfer of ownership interest. The point is this. While Gluck tried to sell part of her ownership interest to her employees, she could not legally do so without the approval of Dunkin’ Donuts headquarters. So that any sale she made without that approval – as was the case here – was and is null and void. Being reasonable people, you and I would say that, there being no injury here, "No harm, no foul." But Dunkin’ Donuts h.q. felt differently and sued to terminate Habib and Gluck’s franchise for violation of their franchise agreement. Why would Dunkin’ Donuts do that? The owners allege, essentially, that Dunkin’ is trying to rip them off. On March 23, 2008 the New York Post reported that Dunkin' Donuts offered Habib and Gluck "a munchkin-sized buyout of $400,000 for the two stores they opened - stores they could resell for $700,000 or $800,000 each. And when the partners solicited offers elsewhere, Dunkin' Donuts nixed the deals - even though the potential buyers came from a corporate-approved list . . . ". Habib and Gluck memorialized their claim in their legal response to Dunkin’ Donuts’ lawsuit against them (called an Answer), a lawsuit started by Dunkin’ in Brooklyn Federal court, by alleging that: (1) Dunkin’ has a "scheme . . . to sell franchises to persons seeking to better themselves in the business world"; (2) Dunkin’ Donuts’ franchise agreement is "one-sided, unilateral and non-negotiable"; (3) Dunkin’ seeks "to find a technical violation of the franchise agreement," which is one that "does not affect the operation of the franchise or the integrity or honesty of the franchisee or the funds that [Dunkin gets]"; (4) Dunkin’ deliberately looks to create a default of the franchise agreement to force franchisees to pay penalties or sell their stores, "all of which enriches [Dunkin’ Donuts’] bottom line"; (5) Dunkin Donuts’ conduct "is unconscionable" and violates the law and "constitutes a fraud." What do you think, Dear Readers? Commentary: You can’t know the whole story just from newspaper accounts and reviewing court papers, but in my opinion it seems that Dunkin’ is (what we used to call as kids) "dirty-fighting."
From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)
A few minutes after midnight this past Sunday morning, Khalid Hussain, age 63, of Brooklyn, was struck by a police car while crossing the street. He died from his injuries. The accident occurred at Coney Island Avenue between Avenue C and Cortelyou Road, in Brooklyn. Police say that Hussain "lurched" into the marked police car. Other reports say that he stepped out in the middle of the street, while looking away from the direction from which the police car was coming.
The police officers were not on an emergency call, and did not have on their emergency lights and siren. The officers passed mandatory Breathalyzer tests. Hussain was pronounced dead at Lutheran Hospital. Commentary: In an emergency situation, the police can not be held liable for simple negligence, under New York’s Vehicle and Traffic Law Section 1104. The City of New York may be required to respond in damages for personal injury only if the officer's conduct demonstrates a reckless disregard for the safety of others, which is defined as "the conscience or intentional doing of an act of an unreasonable character in disregard of a known or obvious risk so great as to make it highly probable that harm would follow and done with conscience indifference to the outcome." In plain English, it’s near impossible to sue police fire or ambulance for a motor vehicle accident. Such cases are routinely thrown out of court. Note thast this case presents a non-emergency, an entirely different circumstance.
From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)
A 91-year-old woman is fighting for her life after her legs were cut off in a hit-and-run accident at about 10:30 A.M. in the Bronx. A truck hit her and kept going; there are also reports that a car may have struck her after the truck and also taken off. The gruesome occurrence took place at E. Gun Hill Road and DeKalb Avenue, while Anna Rogovin was crossing the street. Rogovin, who walked very slowly and used a cane, was likely going to the Mosholu Montefiore Community Center, which serves lunch and has programs for senior citizens. She served as a U.S. Navy WAVE (Women Accepted for Volunteer Emergency Service) in World War II. Rogovin was taken to St. Barnabas Hospital after the accident and was in critical condition from her injury. Commentary: What can you say about a driver who would run down a senior citizen and leave her lying in the street? From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)
FROM A PRESS RELEASE: Manhattan District Attorney Robert M. Morgenthau announced today the indictment of 11 persons for operating a fraudulent "medical mill" that bilked insurance companies of more than $6.2 million. Among the defendants, charged in an 84-count indictment with Enterprise Corruption and other criminal offenses, are three medical doctors, a chiropractor, two acupuncturists, and 10 corporations. Two other people who assisted in the criminal affairs of the enterprise have been charged in separate indictments. The enterprise charged in the indictment used so-called "runners" to stage phony motor vehicle accidents and bring ostensibly injured parties to a clinic at 1090 St. Nicholas Avenue in Manhattan. Services at the clinic were provided by medical doctors and other healthcare professionals, who were part of the enterprise. In the case of staged accidents, there were no actual injuries to treat, but the medical providers prescribed unnecessary treatments, procedures and medical equipment, falsified medical records and other documents and submitted false claims to insurance companies. In some instances, the services billed for were provided only in part or not provided at all. The enterprise followed the same fraudulent practices with persons who came into the clinic with injuries from real accidents, billing insurers for treatment or equipment that either was unnecessary or was not actually provided. At the top of the criminal enterprise’s hierarchy was GREGORY VINARSKY and the companies he incorporated. VINARSKY paid the "runners" to stage car accidents and bring uninjured passengers to the enterprise’s clinic. VINARSKY was not a licensed physician and for that reason could not legally exercise control over the clinic. However, he did exercise control and directed the medical providers to prescribe unnecessary tests, procedures, durable medical equipment and other medically unnecessary courses of treatment. Further VINARSKY used his four companies, VIGAR MANAGEMENT CO., INC., UPPERSIDE MGT. CO., INC., SAINT NICHOLAS AVE. REALTY, INC. and REVICK REALTY, INC., and their bank accounts, to conceal his operation and control of the professional corporations and to launder the proceeds of the criminal scheme. More than $3.5 million of the insurance proceeds illegally taken in by the enterprise was traced to VINARSKY and his four companies. The next tier of the criminal enterprise included medical doctors, other licensed healthcare providers, and the professional corporations they used to conduct business. All the providers worked out of the St. Nicholas Avenue clinic. Among them were ARON GOLDMAN, a medical doctor, and his professional corporation, SAINT NICHOLAS AV. MEDICAL CARE, P.C.; CHANTAL HILAIRE, a medical doctor; MATTHEW KESCHNER, a chiropractor, and his two professional corporations, MATTHEW G. KESCHNER, D.C., P.C. and CHIROPRACTIC SPECIALTIES OF NEW YORK, LLC; YAKOV BLETNITSKIY, an acupuncturist, and his professional corporation, ORIENT ACUPUNCTURE SERVICE, P.C.; YING MU, an acupuncturist; and ROMAN TABAKMAN, a medical doctor, and his professional corporations, EAST SIDE NEURO DIAGNOSTICS, P.C. and ROMAN MEDICAL SERVICES, P.C. According to the indictment, the health care providers, GOLDMAN, HILAIRE, KESCHNER, BLETNITSKIY, MU, and TABAKMAN, all falsified medical reports, patient evaluations, and other documents for submission to insurance carriers in support of fraudulent claims for reimbursement, and they routinely prescribed unnecessary tests, procedures, durable medical equipment, and other medically unnecessary courses of treatment to facilitate the criminal scheme. GOLDMAN, KESCHNER, BLETNITSKIY, and TABAKMAN also used their professional corporations and their bank accounts to launder the proceeds of the group’s criminal scheme and to conceal VINARSKY’S unlawful control of the professional corporations. The next tier of the enterprise comprised clinic employees responsible for administration of the medical clinic, communication with patients, transportation of patients, and preparation of documents and billing for submission to insurance carriers. It is alleged that NIDIA CORADIN, who was the front desk manager at the clinic, solicited patients, paid runners who brought uninjured passengers to the clinic for treatment, falsified prescriptions and other medical documents, and directed patients to falsify no-fault insurance applications, receipts for durable medical equipment, and other documents. This tier also included clinic employees who acted as technicians and performed medical tests and procedures, such as biofeedback, electrocardiograms, and nerve conduction studies. NIRMALEE MARRERO, TABAKMAN’S technical assistant, falsified medical reports and other documents for submission to insurance carriers, and NATALIA NEVEROVA, administered bogus biofeedback procedures to patients, thereby enabling members of the enterprise to submit falsified medical reports and other documents to facilitate the group’s criminal scheme. The fourth tier was made up of runners, including CORADIN and ELEUTERIO SUERO. The indictment charges that ELEUTERIO SUERO, who was paid to stage car accidents and bring uninjured passengers to the clinic, forced another runner, at gun point, to stage an accident. Defendant Information: GREGORY VINARSKY a/k/a Gary Vinarsky, DOB: 3/29/46
176 E. 71st St., 6D
New York, NY 10021 ARON GOLDMAN, DOB: 8/26/51
1621 3rd Ave., 4A
New York, NY 10021 CHANTAL HILAIRE, DOB: 5/27/62
15 Melton E. Drive
Rockville Center, NY 11570 MATTHEW KESCHNER, DOB: 10/15/72
240 E. 86th St., 5E
New York, NY 10028 YAKOV BLETNITSKIY, DOB: 6/13/95
150 E 61st St., 6E
New York, NY 10065 YING MU, DOB: 6/25/35
61-56 Austin St.
Rego Park, NY 11374 ROMAN TABAKMAN, DOB: 8/9/55
409 Center Street
Fort Lee, NJ NIRMALEE MARRERO, DOB: 5/24/75
1150 St. Lawrence Ave., B
Bronx, NY 10472 NATALIA NEVEROVA, DOB: 7/3/74
2926 Brighton place
Brooklyn, NY 11235 NIDIA CORADIN, DOB: 8/22/69
1504 Amsterdam Ave., 3A
New York, NY 10031 ELEUTERIO SUERO, a/k/a Tim, a/k/a Jose, DOB: 9/9/77
601 W. 185th St.
New York, NY 11230 MARGARET DEJESUS, DOB: 7/14/68
638 Underhill Ave., 2
Bronx, NY 10473 MARGARITA SERPER, DOB: 1/16/64
5 Pasture Lane
Roslyn Heights, NY 11577 Commentary: So there were two different, overlapping schemes. One with phony accidents and pretend injuries, and a second with actual accidents and exaggerated or pretend injuries. Apparently a "runner" alerted cops to the scheme. Then undercover officers posed as runners and pretended to join in the corruption. Of course there had to be lawyers in on this too. Just wait and see if I’m right. Betcha there are attorney arrests to follow. My condolences to any patients with a legitimate case and injury that treated at the St. Nicholas Avenue facility. Their medical records are in the prosecutor’s office; their doctors unavailable to testify at trial, and may be going to jail; and their cases ruined because the clinic that treated them is known to be crooked. For more on this, see my FREE book, "Good Lawyers Don’t Call You First." From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)
The time: this past Sunday at around 6:00 A.M. The place: the southbound Cross Island Parkway near Northern Boulevard in Queens. What happened:
FIRST: An SUV crashed into the center divider, then ricocheted into the right-hand lane of traffic; the driver was not injured. Her loss of control may have been caused by ice on the roadway. SECOND: A tow truck arrived on the accident scene and parked behind the SUV. THIRD: A 2005 Hyundai also lost control struck the tow truck. The driver, not injured in the accident, parked between the tow truck and the SUV.. FOURTH: As the three vehicles' drivers stood by the side of the road, a driving a late-model Mercedes veered to the right side and plowed into the rear of the tow truck. The Mercedes
caught fire. The Mercedes' driver, Emmanuel Rosa, 25, of Freeport, Long Island, could not escape and burned to death. The Mercedes’ passenger escaped the automobile, but was injured and was taken to North Shore University Hospital. Emmanuel Rosa had a suspended driver’s license; no one has been arrested or charged in connection with the accidents. Commentary: It’s amazing and a stroke of luck for the others at the accident scene that only the occupants of the Mercedes were hurt. From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)
A tanker truck hauling gasoline flipped over on the northbound curved ramp of the Van Wyck Expressway (North Conduit Avenue) in Queens Monday shortly after noon, bursting into flames. The unidentified driver was incinerated. No one else was injured. Traffic was tied up for hours as firefighters sprayed the gasoline hauler with foam, and then worked to clear the roadway, which feeds into J.F.K. International Airport. The two-alarm fire blanketed the area with billowing black smoke. Almost 300 firefighters responded to the scene. The fire – caused by the ignition of about half of the 9,000 gallons of gasoline being hauled – took more than two hours to extinguish and tied up traffic for more than six hours. Emergency personnel say that windy conditions at the Expressway helped by cooling them off. Firefighters could not approach the truck’s cabin to extract the driver’s body even several hours after the accident, because it was too hot. The ramp is being inspected by the State for structural damage. There is no word on when it will reopen. The cause of this accident is also being investigated. Drivers are warned to expect heavy traffic if they're headed to J.F.K. Airport. Air traffic at the airport was not affected. Commentary: Sounds like the driver took the curved ramp too fast. A lousy way to die, though; burned alive. From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)
A Honda Accord struck a subway support pillar under elevated subway tracks a short while after midnight this morning on Atlantic Avenue in Brooklyn. Pronounced dead at the scene were: Naquana Kilpatrick, 25, and Gilberto Howard, 17. The Accord’s teenage driver and another passenger were also injured in the accident; the driver is in critical condition and the passenger, a woman, is in stable condition. The driver was not arrested. Commentary: I don’t know for certain, but I’m willing to bet that seatbelts were not worn here, or else the injuries would not have been so horrific. Just an educated guess, because when I see horrible crashes and the occupants of the car walking around (or into my office to see me), they were almost always wearing seatbelts. It sounds corny but I’ll say it anyway, "Seat belts work." From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)
At 6:15 this past Thursday morning, off-duty New York police sergeant Cherrice Blount, age 39, was pulling away from a Dunkin’ Donuts in Brooklyn when a garbage truck rammed into her car. The accident occurred on Flatlands Avenue and East 83rd Street in Canarsie. As a result of her injuries – brain swelling and a punctured lung – doctors at Brookdale University Hospital placed her into a medically-induced coma. She is in critical but stable condition. No charged were made against the truck driver, who works for Regency Recycling Corp. Commentary: Sergeant Blount was on her way to a range for weapons practice when the accident happened. Fortunately, she was wearing her seat belt. From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)
About 1:00 A.M. this morning, police spotted a stolen Nissan meandering through the streets of Brooklyn. The police claim they did not chase the car; that they just watched. The people in the Nissan noticed the police interest in their vehicle and jumped onto the westbound Belt Parkway. Even though the police lost sight of the Nissan, it ran away and hit a car near 65th Street in Bay Ridge, Brooklyn. In the other car: one died at the scene, and three were injured, including a pregnant woman. The injured taken to Lutheran Medical Center. The two in the Nissan were arrested. One of the arrested persons was taken to Maimonides Medical Center. The Belt Parkway was closed for two hours. Commentary: Was this a police chase or not? Was the crash because of the chase or not? Hard to say right now. From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)
American Airlines Flight #896 was taking Brooklyn resident Carnine Desir from Port-Au-Prince Haiti to J.F.K. airport last Friday. She died on the plane. According to a cousin flying with her, ignored were Desir’s requests that flight attendants assist her because she felt ill and thirsty. Apparently, they refused to give her oxygen. The passengers got upset, and an attendant finally tried to provide oxygen from a portable tank - but it was empty. Doctors and nurses on the plane tried to help, but found a second oxygen tank was also empty. After the pilot agreed to divert to Miami, Desir died and the flight went to J.F.K. anyway, with her body on the floor of the first-class cabin, covered with a blanket The medical examiner says Desir, who suffered from heart disease, died of natural causes: complications from heart disease and diabetes. The airline said that it did all that it could and that its equipment was working correctly. Commentary: Could she have been saved/revived? I’ll be following this story. From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)
About 2:30 this A.M. 28 year-old Albert Caban was driving the streets of Brooklyn with his headlights off. This caught the attention of one or more of our local gendarmes, who attempted a traffic stop. Caban, engaging all the mental powers at his disposal, decided to flee. Tearing down Miller Avenue in Brooklyn, Caban bounced off some thirteen parked cars. Parts flew off the banged-up cars and oil leaked, causing a police car to skid out and crash into Caban’s car. Both cars then ricocheted into other cars. Two cops were hurt and taken to Jamaica Hospital. Mr. Caban, was arrested and charged with drunk driving and marijuana possession. Commentary: At what point should the police not pursue? Caban was being chased for no headlights which normally would be, like, a traffic ticket. The officers could not have known he was drunk, but they may well have saved a life by taking him off the street. But what if Caban just fled because he was an idiot and didn’t want a ticket? Or maybe because he had a couple of marijuana joints in the car? What if someone had been killed because of the pursuit? The police are held to a lower standard than that which careless civilians face. For most of New York, if we are negligent we can be held accountable for civil damages via a lawsuit. For police in hot pursuit, they are only liable if they are "reckless." If they are merely negligent in conducting the chase, they have no liability, no matter that maybe they should have just let the car go. So says New York’s Vehicle and Traffic Law, Section 1104. And our courts rarely find that the police were reckless, even if they run stop signs and such. Just some food for thought here. From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)
On the morning of February 13, 2008, a husband and wife wallpaper-hanging team from Nesconset, Long Island, were driving to work together to an office complex in New Hyde Park. While trying to park on the roof of a partially constructed parking garage, the couples’ SUV hit a patch of ice. Julie Simon, 46, and Charles Simon, 47, faced unspeakable terror as their vehicle, filled with wallpaper and scaffolding, slid across the ice, crashed through a metal cable and teetered over the edge of the garage. Charles Simon was able to escape the SUV, but Julie couldn’t remove her seatbelt in time. The SUV plummeted some three stories – about 40 feet – to the muddy ground below and landed on its roof, killing Julie. The Simons worked together as unionized wallpaper hangers. The couple, born-again Christians, had no children and were inseparable. From: Bronx injury attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; also serving Brooklyn and Queens )
My last blog – of February 13, 2008 – needs updating. The garbage truck driver who mowed down and killed two people and seriously injured another Tuesday night in midtown Manhattan has been arrested and charged with manslaughter and criminally negligent homicide.
Auvryn Scarlett, 52, was charged in the deaths of Jacklyn Timmons and Andy Hardie. While I previously reported that Scarlett had a heart attack causing him to lose control of his truck and jump the curb, apparently he suffered a seizure. Said seizure was brought on by his alleged failure to take prescribed anti-seizure medication. Hence the criminal charges. From: Bronx injury attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; also serving Brooklyn and Queens )
A garbage truck jumped the curb near Herald Square at about 10:30 last night, killing two pedestrians and injuring one. Apparently, the driver had a heart attack and lost consciousness. The truck’s driver tested negative for alcohol. He was not charged.
From: Queens injury attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; also serving Brooklyn and Bronx)
Way back in March, 2005, Manhattan District Attorney Robert M. Morgenthau indicted fifteen people, including four doctors, a dentist, a psychologist, and an acupuncturist, on charges of participating in an insurance scam in which insurance companies and the N.Y.C. Transit Authority were over-billed for No-Fault insurance charges, for medical care arising out of automobile accidents. Also indicted were a medical billing company, two health care clinics that were also professional medical corporations and three other professional medical corporations. The defendants were charged with insurance fraud, grand larceny, attempted grand larceny and scheme to defraud. An examination of financial records revealed that the clinics billed more than sixty insurance carriers for millions of dollars in claims over a ten year period. Abraham Pustilnik, a/k/a Abraham Post, and his mother, Isabella Pustilnik, a/k/a Isabella Post, used their ownership of a medical billing company and their control of medical clinics and professional corporations to defraud insurance carriers who paid out claims believing that the clinics were providing legitimate services. They also cheated patients by providing them with inadequate or medically unnecessary procedures. The D.A.’s investigation revealed that the two Pustilniks, neither of whom is a doctor, operated Premier Medical Care and Omni Medical Care. They also Owned Empire Medical Management, a medical billing company. In addition, they were the covert owners of five medical corporations: both medical clinics, Premier Medical and Omni Medical, as well as University Psychological, Focus Acupuncture and Optimal Healthcare Medical. The investigation also revealed that the two Pustilniks used licensed professionals as 'fronts' or "Docs-in-the-Box" for the professional corporations to disguise their ownership of the clinics. New York State law specifically prohibits the "corporate practice of medicine" and does not allow a medical practice or clinic to be directly owned by anyone other than medical doctors. Generally the defendants submitted three types of fraudulent claims: Billings for services in which the defendants claimed that they had seen and treated patients on dates when they had not.
Billings in which the defendants "up coded" - i.e., claimed that a particular procedure or doctor's visit lasted longer than it actually did to obtain a higher reimbursement rate. Billings in which the defendants ordered medically unnecessary testing and testing that was not performed; two doctors ordered numerous unnecessary MRIs for the and one doctor ordered a brain MRI for a patient who only complained of lower back pain.
The Pustilniks were believed to have spent the proceeds of their crimes on a Central Park West co-op, luxury cars and a $2 million property in upstate New York’s Catskill mountain area. So now let’s update our report. This past November, 2007, two of the medical doctors swept up in this bust were convicted in Manhattan on fraud, grand larceny and assorted other charges . Yesterday (February 11, 2008) the two medical doctors swept up in by the Manhattan District Attorney were sentenced to prison. Dr. Victor Basbus, a neurologist, was sentenced Monday to two to six years in prison, while Dr. Gerardo Yanayaco, an internist, will serve up to 10 months in jail. Commentary: If you have an accident case and treated at one of these "dirty" clinics, your case will usually be worthless. The prosecutors have your medical records buried somewhere. And you can’t hardly have a doctor testify in court after a felony conviction. Also, the insurance companies know where these places are, so good luck getting them to pay you a fair settlement. So play it clean and steer clear of these places, some of which may offer you money to be a patient. See my free special report on dirty doctors. Also, I touch on this subject in my free book: Good Lawyers Don’t Call You First. From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)
Gaining in popularity are several new scams using tax refunds as a pretext. Scammers are calling offering people a quick payment now, in exchange for your tax refund or tax rebate check later. Of course the early payment is far less than the expected refund. This kind of deep discounting illegal. New York’s Senator Charles Schumer is warning New Yorkers to beware of this scam. There are also outright identity stealers. We all remember them, they grab your personal data and rob your accounts, or set up phantom credit lines to pilfer – destroying your credit in the process. These crooks are calling people and pretending to be from the Internal Revenue Service. They tell their potential victims that they can only get a tax rebate or tax refund check by providing bank account and other information over the telephone. Needless to say, the real tax people do not telephone for information. Rather than calling, some thieves send e-mails, pretending to be the tax agency; sometimes they threaten an audit. They also are trying to gather your personal information. Business and tax return preparers should also beware of unsolicited e-mails offering tax law updates. Clicking on the link provided may invite in a computer virus that allows crooks to remotely access the recipient’s computer. Thus, the scammers can steal all the confidential information stored on that computer. Commentary: The I.R.S. advises not to open any links in e-mail supposedly sent by it. From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)
On February 4, 2008 the parents of a three-year-old girl sued Crocs, Inc. in federal court in Brooklyn, alleging that the shoes were defective. The child, Emma Hochberg, allegedly had a toe mangled in an escalator when one of her Crocs became stuck. As you may know, Crocs are those big, colorful, rubbery, clog-type shoes that have gotten popular in recent years. Similar accidents have been reported in Virginia and Atlanta’s airport, as well as in Japan and Singapore. The flexibility of the Croc, combined with a child’s small foot size and the fact that kids just don’t stand still on escalators and rarely watch where they put their feet mean that a moment of distraction can lead to tragedy. The Crocs can get caught in the "teeth" at the bottom or top of the escalator, or in the crack between the step and the side of the escalator. Crocs, Inc. does not feel that its shoes pose a health hazard. Commentary: Many of these accidents can be attributed to parental inattention or the failure to properly maintain the escalator, so that its parts wobble a little, causing gaps which can trap a small foot. From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)
Two women on Long Island apparently hatched a plot to kill the husband of one of them. Anthony Curso, 41, was mowed down when Paige Lester drove her car onto the curb, flattening him. Curso’s wife was a passenger at the time. Curso was taken to Stony Brook University Medical Center with multiple fractures. Criminal charges were filed against the two, although investigators were still (officially) tying to work out their motive. Commentary: No one will be shocked to learn that there was drug and alcohol involvement. No word on how the two got their victim to stand still on the sidewalk while the car jumped the curb. From: Queens injury lawyer Gary E. Rosenberg (personal injury and accident attorney and lawyer; also serving Brooklyn and Bronx)
Until another appeals court rules otherwise, New York must recognize same-sex marriages conducted in other states. So held the New York State Supreme Court, Appellate Division, Fourth Department this past Friday, February 1, 2008. The decision in Martinez v. County of Monroe arose out of Martinez’s quest to obtain spousal health care benefits from Monroe Community College for Lisa Golden, whom she married in Ontario, Canada. There was no question that the marriage was legal where performed. And then they returned to New York. In the absence of a New York statute forbidding same-sex marriage, the Court found no reason not to recognize the marriage. It held that the marriage "is entitled to recognition in New York State." Is this a silent invitation to the New York State legislature to pass a law deciding this issue one way or the other? Maybe. After the lawsuit was started but before the court’s decision, the college changed its health insurance policy to cover same-sex spouses. This gave rise to an interesting wrinkle in this case, for if Lisa Golden was getting health insurance anyway, what was there left to sue over? In legal terms we ask if there was any longer a "justiciable controversy." The Court said that there was, as the college would be liable for damages for the time period that it refused to give health insurance coverage to the plaintiff’s spouse. We don’t know if those damages are great or small. They might be the cost of Lisa Golden going to the doctor’s office, or her out-of-pocket expense to purchase her own health insurance or whatever. Thus, it seems that the court had a potential way out here if it wanted to duck the controversy entirely. It could have found that because the college is now giving health benefits, there was no justiciable controversy and the lawsuit was "moot." Instead, the court waded in and addressed the gay marriage issue head-on, giving a favorable and enlightened reading to the facts before it. No cowards on this Appellate Division, Fourth Department panel. Commentary: Gay advocates hail the decision as only a first step towards what they consider truly would be fair: permitting gay marriages in New York State. My lawyer friends and I await the day when gay marriage is permitted in New York, for where there are gay marriages, there will be gay divorces. From: Queens injury lawyer Gary E. Rosenberg (personal injury and accident attorney and lawyer; also serving Brooklyn and Bronx)
Once considered a political up and comer, former State Assemblyman Ryan Karben of Rockland County was arrested for drunk driving Wednesday night, after his car hit a pole. Karben was elected to the New York State Assembly in 2002. He resigned from the legislature rather than face sanctions in the face of ethics complaints about his improper behavior with male interns. No formal complaint was ever filed against him. Karben has a private law practice and is deputy village attorney in Spring Valley. He was arraigned yesterday and released on his own recognizance. Commentary: Karben is an Orthodox Jew and married father of three. Oy vey! Karben is an Orthodox Jew and married father of three. Oy vey! From: Queens injury lawyer Gary E. Rosenberg (personal injury and accident attorney and lawyer; also serving Brooklyn and Bronx) Gary E. Rosenberg (personal injury and accident attorney and lawyer; also serving Brooklyn and Bronx)
Brian Valery was sentenced in Supreme Court in Manhattan yesterday: to five years probation, 100 hours of community service, and, to make restitution of (re-pay) his ill-gotten gains. His crime? He pretended to be a lawyer. He didn’t just fool clients; he fooled the big firm that employed him. First, the Manhattan law firm of Anderson Kill & Olick hired him in 1996 as a paralegal. Then Brian Valery pretended to go to law school, and pretended to study, sit for and pass the New York State Bar exam. By the time he was busted, Valery was earning $155,000, probably with an annual bonus on top of that. According to the Manhattan (New York County) D.A.’s website (www.manhattanda.org/whatsnew/press/2007-06-05): "VALERY is charged with Grand Larceny for stealing the differential between the salaries he received while working in the position of attorney and the top paralegal salaries during that same period, plus $74,500 in bonuses. The law firm’s not saying how this guy slipped in under its radar. Commentary: Rumor has it that the law firm had a supervising attorney who would check on lawyers’ credentials, but never filled the job after the person doing it left the firm. Rumor has it that the law firm had a supervising attorney who would check on lawyers’ credentials, but never filled the job after the person doing it left the firm. From: Queens injury lawyer Gary E. Rosenberg (personal injury and accident attorney and lawyer; also serving Brooklyn and Bronx)
High winds toppled a construction scaffold in Fort Greene, Brooklyn this morning, killing one and injuring another. The dead worker, Jose Palacios, was thrown from the 13th floor. The N.Y.C. Department of Buildings sent out notices warning of high winds. Commentary: There is, apparently, a question as to whether the scaffold was secured properly. There is, apparently, a question as to whether the scaffold was secured properly. From: New York lawyer Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx) New York lawyer Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)
Names will be changed to protect the stupid. Plaintiff A.W. sued New York University because he was play-wrestling with another student and was pushed into a kiddie pool filled with jell-o, injuring himself. This was after he had already been pushed into the kiddie pool, climbed out of the pool, and removed his cell phone and wallet from his pants pocket. The jell-o pool was part of a student organization’s Beach Bash Event, which A.W., an officer of the student organization sponsoring the event, helped plan. Even though a D.J. videotaped the whole mess, A.W. sued N.Y.U. for One Million ($1,000,000) Dollars. Rightfully, Manhattan judge Carol Edmead threw out the case, holding that N.Y.U. had no duty to protect A.W. from the actions of his fellow students and, perhaps more to the point, that A.W. assumed the risk of his own horseplay. For anyone who cares, this Manhattan (New York County) case carries index number 114439/2005; a copy of the decision can be gotten off the Internet, from the N.Y.S. Courts’ official website: www.courts.state.ny.us Commentary: I’m slightly embarrassed that some law firm even brought this case. I’m slightly embarrassed that some law firm even brought this case. From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx) New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)
January 27, 2008
Queens lawmakers are calling on Con Ed to step up plans to replace its outdated infrastructure – after a fatal explosion in November.
Councilman Eric Gioia and Assemblyman Michael Gianaris say the utility has been slow to replace aging cast iron pipes despite a 1992 federal directive. Gioia says at its current rate, the remaining 2,500 miles of pipe won't be completely replaced until 2070.
"Con Edison knows what lies beneath the ground," said Gioia. "Year after year they come forward and they ask for rate increases so they can fix their infrastructure. The question that every New Yorkers has to ask is, ‘Where has the money gone?’ Why has it taken Con Edison so long to replace cast iron pipes?"
A natural gas explosion in Sunnyside left one person dead in November. Gioia wants the Public Service Commission to force Con Ed replace all the cast iron piping within the next ten years.
A Con Ed spokesman says the company has an aggressive gas main inspection and replacement program in place.
Top News • NY1 Living Commentary: This from New York 1. From: New York lawyer Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx) New York lawyer Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)
Wall Street millionaire executive George Anderson was charged with vehicular manslaughter, criminally negligent homicide and driving while intoxicated Friday after his Mercedes SUV allegedly blasted Florence Cioffi, 59, into the air while she was crossing the street in Manhattan. He sped away then came back, but refused to submit to a Breathalyzer test. The accident happened at around 11 P.M. Anderson was heading home to Long Island from a New York Rangers game at Madison Square Garden. Cioffi, of Gerritsen Beach, Brooklyn, had been to dinner with friends. Anderson was arraigned and released on $250,000 bail. Cioffi was pronounced dead at New York Downtown Hospital. She was a secretary at the accounting firm Frankel & Co., who escaped death in the World Trade Center tragedy of 9/11, having gone out for coffee just before the first plane struck. Commentary: Anderson may be claiming that Cioffi was jaywalking–no defense to the charges he faces, which potentially carry serious jail time. Anderson may be claiming that Cioffi was jaywalking–no defense to the charges he faces, which potentially carry serious jail time. From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx) New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)
At about 5:00 A.M. an SUV drove over a guardrail and landed on the Cross Bronx Expressway, killing the driver. The SUV landed on its side in a crush of metal. The driver was taken to St. Barnabas Hospital, where he was pronounced dead. Part of the railing also crashed onto the Expressway and slammed into a car driven by 49-year-old Gabriel Nieves. "Out of the corner of my eye, I saw a car coming pretty fast," said Nieves. "It punched the railing. It just about took my car out." The railing penetrated his front passenger tire and tore off his front bumper. No word if he was injured. Police are still investigating the accident’s cause. The driver is unidentified pending notification of his family. Commentary: There are unofficial reports that the dead driver may have been drunk. There are unofficial reports that the dead driver may have been drunk. From: New York lawyer Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx) New York lawyer Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)
Three people were injured in a house fire shortly before 1 a.m. at a house on 131st Road in Richmond Hill, Queens.
Three residents were brought to local hospitals.
Officials say crowded conditions inside the house complicated efforts to put out the flames. Commentary: This neighborhood is known for illegal occupancies; putting extra families in houses zoned for one or two family living. This neighborhood is known for illegal occupancies; putting extra families in houses zoned for one or two family living. From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx) New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)
A stolen 1995 Altima collided with a N.Y.C. Medical Examiner’s van at around 3 A.M. this morning, near 44th Street and Fort Hamilton Parkway in Borough Park, Brooklyn. The van was flipped over and it ripped out a light pole. The driver of the Altima was pronounced dead at the scene. One passenger was taken to Maimonides Hospital where she died. Three others were injured. Residents say the intersection is notoriously dangerous. Commentary: One wonders how many accidents there have been at this intersection recently. Maybe it doesn’t matter how dangerous an intersection is, if a driver is joyriding and speeding in a stolen car. One wonders how many accidents there have been at this intersection recently. Maybe it doesn’t matter how dangerous an intersection is, if a driver is joyriding and speeding in a stolen car. From: New York lawyer Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)
Yesterday afternoon a 13-year-old boy went for a short joy ride on a forklift and flipped it over, crushing himself to death. The boy, Kevin Hrcka, of Maspeth, Queens, had gone to Miron Building Supplies at 10-45 Irving Ave. in Bushwick, Brooklyn, to meet his father, Rob Hrcka. While his father went inside to change clothes, the boy climbed atop a parked forklift - with keys left in the ignition - and began driving. Commentary: Apparently, the area where the forklift was parked is off-limits to children and non-employees. Still, it’s hard to understand why the keys were left in it. Apparently, the area where the forklift was parked is off-limits to children and non-employees. Still, it’s hard to understand why the keys were left in it. From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx) New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)
Three Guatemalan immigrants were killed in a fire shortly before 7 A.M. this morning on the second floor of a building on 18th Avenue near New Utrecht Avenue in Bensonhurst, Brooklyn. Three of them were pronounced dead at local hospitals. Police say the fourth is in critical condition. Investigators say one of the victims tried to escape by jumping from the building. It’s not clear if they died from burns or smoke inhalation.
The victims were taken to Coney Island Hospital, Lutheran Medical Center and Staten Island University Hospital. Some of the victims may have been asleep when the blaze broke out. Fire marshals are investigating to determine the cause of the fire. Commentary: I’m guessing that there were no working/properly placed smoke detectors – otherwise residents usually have time to escape a fire. Working. Smoke. Detectors. Work! I’m guessing that there were no working/properly placed smoke detectors – otherwise residents usually have time to escape a fire. Working. Smoke. Detectors. Work! From: New York lawyer Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx) New York lawyer Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)
A N.Y.C. fire truck answering a false alarm slammed into the rear of a Post Office tractor-trailer, leaving the postal employee seriously hurt. A yellow taxi minivan struck the two trucks. The accident occurred yesterday at approximately 3:15 p.m. at North Conduit Avenue and 225th Street in Queens. Eight people were injured, including five firefighters.
The tractor-trailer driver, is in serious condition at Jamaica Hospital. The firefighters were also taken to Jamaica Hospital; the taxi driver to Mary Immaculate Hospital. Commentary: The fire truck was going to false alarm. What a waste. The fire truck was going to false alarm. What a waste. From: New York lawyer Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx) New York lawyer Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)
A van carrying Manhattan’s Stuyvesant High School girl’s junior varsity track team overturned on a Vermont Highway on January 15th. One team member was paralyzed. The team’s coach, Erin Taylor, age 29, was driving and was injured along with several team members. The van was traveling north on Interstate 91 Saturday night when it veered onto a median and rolled over near the Interstate 89 junction. The vehicle stopped on its side, and motorists stopped and helped hold it in place, preventing it from rolling over again. Apparently, the team was on its way to a race-walking competition at Dartmouth College. Commentary: I’m wondering if everyone was wearing seatbelts. In my experience, passengers do not get badly hurt if they’re wearing seatbelts, even in a roll-over-type accident. For generl information see FREE special report, CATASTROPHIC INJURIES: Paralysis, Amputation, Burns at: www.garyrosenberg-law.com/Reports/Report_14.pdf I’m wondering if everyone was wearing seatbelts. In my experience, passengers do not get badly hurt if they’re wearing seatbelts, even in a roll-over-type accident. For generl information see FREE special report, at: From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx) New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)
A bucket full of wet concrete spilled onto scaffolding at the Trump SoHo construction site in Manhattan yesterday afternoon, killing one worker, and injuring others at the future luxury hotel-condo. Construction workers and authorities said the bucket, which was being hoisted by a crane near the 41st floor, fell into some scaffolding near the top of the building at about 1:55 p.m. The bucket and the scaffolding then fell onto one nearby worker, a married dad from the Ukraine named Yuri, who plummeted 30 feet to his death. The building, which is to rise to 46 stories, has been a persistent source of debate, with community groups complaining about its size and proposed use. The company managing construction at the site, Bovis Lend Lease, is the same company that oversaw demolition of the former Deutsche Bank building in Lower Manhattan, where two firefighters were killed in August in a blaze that swept through the contaminated structure. The N.Y.C. Department of Buildings has issued at least four violations to the contractor for failing to safeguard the public and property, failing to maintain adequate housekeeping, failure to provide a fire escape hatch, and failure to provide adequate fire extinguishers. Residents have complained about the proposed height of the building. There is currently a lawsuit in court over the future of the building. Commentary: See my free report on Construction Accidents: www.garyrosenberg-law.com/Reports/Report_12.pdf See my free report on : From: New York lawyer Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx) For more about me see: www.InjuryAtty.net
A 92 year-old woman was struck and injured by a bus in Chinatown. The Post reports that the woman had been walking west on Canal Street when a New Century bus hit her when it was turning onto Forsyth. It dragged her halfway down the block before passers-by could flag down the driver. "The light was green," said the driver, who gave his name only as Gao. "There were no people. " The woman regained consciousness at Bellevue Hospital, but doctors could not save her legs. The driver was not charged, but the Post points out that Philadelphia-based New Century only scored 43 out of 100 on federal safety tests. Commentary: This is an ongoing problem. Small bus companies that offer discount fares, but skimp on bus maintenance, safety and driver training. This is an ongoing problem. Small bus companies that offer discount fares, but skimp on bus maintenance, safety and driver training. From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx) New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)
The driver of the car that plunged off a pier in Bay Shore earlier this week died in the hospital on January 11th. While 68 year-old Margrit Mueller of East Islip was alive when police divers pulled her from the car, she did not survive her injuries. Police still haven’t figured out the cause of the accident. This accident was first reported in my blog post of January 8, 2008. From: New York lawyer Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)
A U-Haul van ricocheted off another vehicle and crashed through a window and into an Arby's restaurant Tuesday afternoon, killing a woman as her husband watched. Witnesses said Caroline Leung, 67, was thrown from her seat and pinned against a counter that holds soda machines. The accident happened around 12:50 p.m. at the Arby's located on Horace Harding Expressway in Fresh Meadows, Queens. The U-Haul driver, Ioanis Kokoiasmenos, 24, was charged with possession of marijuana. It was unclear if he was under the influence at the time of the crash. Leung died at New York Hospital Medical Center of Queens. Two other people were injured. From: New York lawyer Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)
At least 14 people, including a bus driver, were injured at about 6:30 A.M. (on January 9, 2008) when two city buses collided in Brooklyn.
A B-44 bus was going through the intersection of Empire Boulevard and New York Avenue when it struck another B-44 bus from behind. The first bus then rebounded through the intersection and knocked over a traffic light and tree.
Injured passengers were taken to Kings County Hospital and Brookdale Hospital. From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx) New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)
A car drove off a pier in Bay Shore, Long Island, killing one elderly female accident victim and injuring the other, who was taken to Southside Hospital. The accident occurred on Monday, January 7, 2008, at the Ocean Avenue pier near the parking lot for Captain Bill's restaurant. The lot is bordered by a dock with no guardrails. Good Samaritans tried to save the women; police are searching for eyewitnesses. No word on what caused the accident. The victims were not named pending family notifications. From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)
On Sunday January 6, 2008, at 4:15 A.M., 23 year-old Christopher Boyd and 25 year-old Eric Richmond were killed in Jamaica, Queens, when Boyd’s 1992 Ford Thunderbird skidded on the wet street and slammed head-on into the front of an MTA bus. Boyd had been driving east on Hillside Avenue and struck the westbound bus at 168th Place. The bus driver and one passenger were taken to Mary Immaculate Hospital for their injuries.
From: New York lawyer Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx) New York lawyer Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)
This past Saturday morning, January 5, 2008, animal rescuer and Brooklyn resident Sean Casey, 27, was driving on the FDR Drive near East 79th Street when his car engine burst into flame after he lost control and hit a wall. He was transporting non-poisonous snakes – king snakes, corn snakes, rat snakes, milk snakes, plated lizards and turtles to an animal adoption event in Westchester. He was able to get the reptiles, traveling in fish tanks, out of the car. None were hurt. Commentary: And no humans were injured in this accident, either. And no humans were injured in this accident, either. From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx) New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)
Wednesday evening, January 2, 2007, during rush hour, a driver following the instructions of the Global Positioning System navigator in his rented car turned onto train tracks at the crossing in Bedford Hills, Westchester County. Unfortunately the train was coming, and his car got stuck on the tracks. He exited the car in time, but was unable to warn the train engineer and avoid a fiery crash. Thankfully, no one was injured, but railroad commuters were stranded for hours. Metro North repair crews spent hours fixing the tracks. According to Metro North, Driver Bo Bai will be held responsible for the damage the accident caused to the train and track. Commentary: I wrote against GPS systems in a short piece entitled When Did You Get Too Lazy to Read a Map? in my law firm’s August 2007 news-postcard, available for free at: www.garyrosenberg-law.com/Rosenberg_20August_20PC.pdf If I think about it, even if this driver had avoided using a GPS to navigate, he might have followed a map onto the train tracks. I wrote against GPS systems in a short piece entitled in my law firm’s August 2007 news-postcard, available for free at: If I think about it, even if this driver had avoided using a GPS to navigate, he might have followed a map onto the train tracks. From: New York lawyer Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx) New York lawyer Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)
Every year the New York State Insurance Department ranks car insurers by number of complaints, based on how many New York State insurance policies they write and how much they collect in insurance premium dollars. The just-released 2007 rankings show that the worst automobile insurance carrier, by far, is The Long Island Insurance Co. of Melville, Long Island. The Infinity Property & Casualty Insurance Group of Birmingham, Alabama, was second-worst. Best on the list with the fewest complaints is the American Modern Insurance Group, followed by number two, Atlantic Companies. For the entire New York State Insurance Department survey and an alphabetical listing of insurance companies go to: www.ins.state.ny.us/arkidx.htm Commentary: You may also want to read my free report: Twelve Secrets You Car Insurer Won’t Tell You, available at my website: www.garyrosenberg-law.com/Reports/Report_18.pdf You may also want to read my report: , available at my website: From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx) New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)
A driver high on booze and drugs ran over a 14 year-old boy riding his bicycle in South Farmingdale, Long Island, on New Years Eve. Susan Deturris, 52, struck and critically injured Michael Nicosia, who was out bicycle riding with his friends. Nicosia was in critical condition in the pediatric intensive care unit at Nassau University Medical Center in East Meadow. Deturris was arrested for vehicular assault and driving while impaired. Commentary: Will they never learn? Will they never learn? From: New York lawyer Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx) New York lawyer Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)
Near where a man was killed by a hit-and-run driver on Friday, (see Blog, December 29, 2007) a 65-year-old Brooklyn woman was struck by a livery car while crossing the street at 52nd Street and 6th Avenue in Sunset Park. The accident happened at around 10:00 A.M. Sunday morning, December 30, 2007.
Barbara Tjornhom was reportedly headed home from church when run down; she died from her injuries at Lutheran Medical Center. The driver remained at the scene of the accident and there is no word as to whether he has been charged with any crime or traffic infraction. Commentary: It’s not enough to look both ways before you cross the street, you must stay alert and pay attention while crossing. Don’t just look ahead to where you’re walking – watch for moving traffic. It’s not enough to look both ways before you cross the street, you must stay alert and pay attention while crossing. Don’t just look ahead to where you’re walking – watch for moving traffic. From: New York lawyer Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx) New York lawyer Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)
Following the Giants’ loss to the New England Patriots Saturday night, a crowded escalator malfunctioned and collapsed, injuring seven people, several of whom fell off the escalator. According to state police, some of the injured were taken to Hackensack University Medical Center and others were treated at the scene. Several suffered injuries to their legs and feet, including one or more broken bones or fractures, said officials of the New Jersey Sports & Exposition Authority, which operates Giants Stadium. Commentary: These type of accidents are usually due to improper maintenance of an elevator or escalator but can be difficult to prove, requiring examination of maintenance and repair records and reports of inspections by public agencies. These accidents are usually due to improper maintenance of the escalator but can be difficult to prove, requiring examination of maintenance and repair records and reports of inspections by public agencies. From: New York lawyer Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx) New York lawyer Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)
A man was arrested for running down an elderly man with his van, bouncing off some parked cars, then taking off. The driver tried to run, but bystanders chased him and held him for police. The accident occurred on Fourth Avenue near 52nd Street, in Brooklyn. Struck was pedestrian Francisco Guerrero, age 73, who died from his injuries at Lutheran Hospital. Arrested was Lawrence Myers, age 38, who is charged with reckless endangerment, leaving the scene of an accident, and driving without a license, among other charges. Commentary: Hope they lock up this guy and throw away the key; this stretches the definition of what is an "accident." Hope they lock up this guy and throw away the key; this stretches the definition of what is an "accident." From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx) New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)
A 3-year-old girl was severely burned Thursday night in a fire in her Brooklyn home. She was taken to the burn center at New York-Presbyterian Hospital/Weill Cornell Medical Center. Firefighters found the girl in a bedroom in the back of a brownstone building located at 354 Stuyvesant Avenue, in Bedford-Stuyvesant,. The cause of the fire is under investigation.
No other injuries were reported.
Commentary: No word on who was caring for the girl at the time of the fire, or where that person was. No word on who was caring for the girl at the time of the fire, or where that person was. From: New York lawyer Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx) No word on who was caring for the girl at the time of the fire, or where that person was.
I previously blogged on a Christmas Eve hit-and-run accident that occurred in the Chelsea area of Manhattan (see December 25, 2007) . New York State Senator Eric Adams just made a statement from that hit-and-run accident scene, calling for legislation to punish for drivers who leave the scene of an accident by taking away their driver's license.
At present, if you flee the scene of an accident where no one is hurt, the police can only give you a ticket. The problem is that a driver who strikes another car or pedestrian has no way of knowing if his negligence has injured anyone. Commentary: You may recall that the Christmas Eve hit-and-run accident injured two pedestrians and led to the fleeing driver’s arrest for drunk driving. You may recall that the Christmas Eve hit-and-run accident injured two pedestrians and led to the fleeing driver’s arrest for drunk driving. From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)
A tractor trailer took a highway entrance too fast and overturned on a ramp heading towards Interstate Highway 87 in Rockland County on December 23, 2007. It spilled its liquid cargo, over 1,000 gallons of milk, onto the roadway. The accident closed the ramp for several hours while HazardousMaterials teams cleaned up the spilled milk and leaking diesel fuel. The driver was slightly injured and taken to Good Samaritan Hospital Commentary: Now all we need is a cookie truck to overturn there. Now all we need is a cookie truck to overturn there. From: Gary E. Rosenberg (New York personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx) Gary E. Rosenberg (New York personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)
Two women were injured by a hit-and-run driver at West 17th Street and Eighth Avenue in Manhattan on Christmas Eve. They were taken to the hospital; the extent of their injuries is unknown. A silver car left the scene, but its license plate was given to the police by witnesses. The police pulled the car over a few blocks away, where its driver was arrested for drunk driving and causing the accident. Commentary: Hope they sue his pants off. From: Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)
From time to time we read about a dog electrocuted on the sidewalk, or a person getting an electric shock from a light pole. Dogs may be killed; pedestrians seriously injured. These are usually due to the age of the wires or broken ground wires. Now it seems that the City of New York will be painting its lamp poles with a special nonconductive paint that it believes will lower the risk of stray voltage injuring or killing people or dogs. So will this prevent these injuries? Commentary: Seems to me the problem is bigger than just a coat of special paint. I believe that the age of the wires and lack of maintenance is behind a lot of these accidents. Also, if Con Edison supplies the power, why is the City of New York (us taxpayers) paying for corrective measures? Seems to me the problem is bigger than just a coat of special paint. I believe that the age of the wires and lack of maintenance is behind a lot of these accidents. Also, if Con Edison supplies the power, why is the City of New York (us taxpayers) paying for corrective measures? From: Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx) Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)
Saturday, December 22nd 2007- Maricela Perea was hit by a cement truck while attempting to cross Queens Blvd. A woman run over by a cement truck on Queens' "Boulevard of Death" was remembered Friday as a devoted single mother. Maricela Perea, 60, was walking to the Queens Center Mall when she attempted to dash across Queens Blvd. at the intersection of Woodhaven Blvd. about 1 p.m. Wednesday, police said. Investigators believe she stumbled and fell underneath the wheels of a Commercial Concrete Corp. truck. The driver was not charged with any wrongdoing, police said. Between 1993 and 2000, Queens Blvd. has claimed 72 pedestrian lives, leading the Daily News to dub the street the Boulevard of Death. http://www.nydailynews.com From: Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx) Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)
Friday, December 21st 2007 - MINEOLA, N.Y. - The daughter of renowned horse jockey Jose Santos has become one of the first people charged under a new state law that aims to heighten penalties for some drunken drivers involved in deadly wrecks, a prosecutor said. Sophia Santos, 20, pleaded not guilty Thursday to aggravated vehicular homicide in a Nov. 11 crash that killed a grandmother out celebrating her birthday. Santos was ordered held on $1 million cash bond until a Jan. 7 court date; an update on her bail status was not immediately available early Friday from the Nassau County Correctional Facility. If convicted, Santos would face at least five and as many as 25 years in prison. Until the new law was enacted Nov. 1, most drunken drivers convicted in fatal collisions were eligible only for probation, said Nassau County District Attorney Kathleen Rice, who lobbied for the new statute. Tougher penalties required convictions on charges that entail proving drivers acted intentionally or with depraved indifference to human life, which was often difficult to do. "When we were drafting this bill, I was hoping that my office would not have the unfortunate opportunity to be the first to use it," Rice said in a statement. The new aggravated vehicular homicide charge requires prosecutors to prove a motorist guilty of driving while intoxicated, reckless driving and any one of several other criteria. They include having a blood-alcohol content of .18, more than twice the legal limit. Santos' blood-alcohol level was three times the legal limit when she ran a red light and plowed her Mercedes Benz into another car in Levittown, Rice said. The collision killed a passenger in the other car, Virginia Casazza-Urgo, 62. Two other passengers in that car were hospitalized. Santos was treated for injuries and released. Commentary: If Sophia Santos was served alcohol at a bar, her victim might be able to bring a personal injury (wrongful death) lawsuit under New York’s Dram Shop Act. This law holds businesses that sell alcohol to intoxicated persons or under-age (minor) drinkers responsible for harm they may cause as a result. Typically, this occurs when someone gets drunk and operates a car. If Sophia Santos was served alcohol at a bar, her victim might be able to bring a personal injury (wrongful death) lawsuit under New York’s Dram Shop Act. This law holds businesses that sell alcohol to intoxicated persons or under-age (minor) drinkers responsible for harm they may cause as a result. Typically, this occurs when someone gets drunk and operates a car. From: Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx) Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)
The boulevard of Death claimed another life Wednesday when a woman walking toward a Queens mall was run over by a cement truck, police and witnesses said. The woman had just stepped into a crosswalk on Queens Blvd. when a cement truck turned from Woodhaven Blvd. and crushed her, horrified witnesses said. The victim, who was described by officials as a Latina in her 60s, was walking north along Woodhaven Blvd. toward the Queens Center Mall about 1p.m. when she tried to cross in front of the truck. She may have stumbled and fallen beneath the Commercial Concrete Corp. truck's wheels, police said. The impact scattered the contents of the woman's black purse across the street. She died at the scene. Her name was not immediately released by police because her family had not yet been notified of her death. The driver of the truck, who attempted to help the mortally injured woman after the impact, stayed at the scene and passed a Breathalyzer test, police said. No charges were filed. Between 1993 and 2000, Queens Blvd. claimed 72 pedestrian lives, leading the New York Daily News to dub the street the Boulevard of Death. Commentary: The City of New York keeps fiddling with the road configuration and timing of the lights to try to make Queens Boulevard less deadly. Nevertheless, hit-and-run accidents are all too common; the injuries to pedestrians hit by cars tend to be severe -- broken bones, brain damage and such. The City of New York keeps fiddling with the road configuration and timing of the lights to try to make Queens Boulevard less deadly. Nevertheless, hit-and-run accidents are all too common; the injuries to pedestrians hit by cars tend to be severe -- broken bones, brain damage and such. From: Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx) Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)
NYPD DETECTIVE CHARGED WITH PERJURY IN CONNECTION WITH HIS TESTIMONY AT THE TRIAL OF A BRONX MAN CHARGED WITH ATTEMPTED MURDER December 6, 2007 - Bronx District Attorney Robert T. Johnson announced today that a New York City Police Detective has been arrested and charged with lying while under oath at the trial of a Bronx man who was charged with attempted murder, a felony. The alleged crimes occurred on Thursday, April 12, 2007 and Friday, April 13, 2007 when Detective Perino testified at the trial of Erik Crespo who was charged with attempted murder and other offenses, including criminal possession of a weapon.
The charges concern Perino’s testimony about an interview with Crespo that was conducted on December 31, 2005 at the 44th Precinct. Crespo, who was 17 years old at the time, was a suspect in a shooting on Christmas Day 2005.
According to the indictment Perino perjured himself at least once in response to a question under direct examination by the Assistant District Attorney prosecuting the case and at least eleven times under cross examination by Crespo’s defense attorney. It is alleged that Perino testified falsely in denying that he had questioned Crespo during a particular time period when in fact the interview had lasted for an hour and fifteen minutes and included a series of questions about the gun that was used in the shooting. The alleged perjury came to light because Crespo recorded the entire interview on an MP3 player that he had been listening to when he was brought into the precinct.
Commenting on the initial case involving Erik Crespo Mr. Johnson said; "Fortunately in this case, the person at the center of Perino’s alleged wrong-doing is no innocent victim. Although the allegations of perjury undermined the attempted murder case against him, Erik Crespo ultimately pled guilty to the illegal gun charge and is currently serving a sentence of seven years in prison." Commentary: Its bizarre that the "bad guy" taped the interview and that the detective didn't notice. From the above Bronx District Attorney press release it's not clear what advantage the prosecution gained from the detective's lies or why the detective felt the need to lie. It's a shame that the detective pissed away his career on a criminal who was "guilty, guilty, guilty" anyway. From: Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)
The two brothers that fell hundreds of feet in a window washing accident on Friday reportedly told a family member they were concerned about a mechanical problem just two hours before.
The New York Times says an in-law warned Edgar and Alcides Moreno not to go to work on the Upper East Side Friday because of problems with the scaffolding.
According to the paper, the brothers told him their boss said the problem had been fixed. About two hours later, the Morenos fell 47 stories when permanent scaffolding on the roof failed, cau |
