October 11, 2013

Foley Griffin organizes Massapequa Turkey Trot

The attorneys at Foley Griffin, LLP. sponsor the Massapequa Thanksgiving Day Turkey Trot.  Please visit our website and consider supporting our event. All proceeds go to the benefit of the Leukemia/Lymphoma Society.www.turkeytrotmassapequa.com

June 21, 2013

Law suits against the City

One of the more difficult cases to prove is a negligence claim against the government.  The first problem is that governments have immunity from many claims. This means that you cannot bring a claim against a government for many claims you could make against a private individual.  This applies to cases where the government's decision to act or not to act is found to be discretionary.  Under those circumstances, the Courts will find for the government.  A recent case highlighted this rule of law.  In 2005, a woman was riding her bicycle. When she approached the entrance to the transverse road at West 65th Street in Central Park, a Department of Transportation (DOT) employee was placing traffic cones to block cars from entry to allow repairs. The employee said she could continue. On the road, the woman hit a pothole and suffered severe injuries to her face, which have required over 20 surgeries.

The bicycle rider sued the city, and a jury found that it was 60 percent liable for her accident because the DOT employee was negligent in allowing her to continue riding on the road. However, the Manhattan Supreme Court set aside the verdict, finding that the employee was engaged in the "discretionary" government function of traffic control, rather than the "proprietary" function of street repair.

The Appellate Division agreed with the Manhattan Supreme Court. It stated that the DOT employee made a discretionary decision to allow the plaintiff to proceed because his crew had not completed its preparations for roadwork. The court said that this decision was not made while engaged under the “proprietary” function of street repair, meaning that the City was not under a duty to maintain the roadway at the time. A government is immune from liability when acting in a discretionary function. Therefore, the City was not liable here.

At Foley Griffin, LLP, our attorneys represent clients in a multitude of areas of law, including slip and fall accidents and premise accidents. If you require assistance with a legal issue, please contact our office located in 666 Old Country Road, Suite 305, Garden City, NY11530, or call us toll free at 1-800-991-2773. 

What is a Serious Injury Under the Motor Vehicle Laws?

If you have been in a car accident and you would like to sue the other driver for compensation, you have to prove to the courts that you have met the threshold for a "serious injury" under New York law.  Under the Insurance Law, a person must satisfy one of the following eight definitions before pursuing a lawsuit; otherwise non-economic loss is not recoverable, meaning damages for pain and suffering and so on cannot be recovered by a plaintiff. The Insurance Law § 5102(d) provides:

Serious injury” means
1) a personal injury which results in death;
2) dismemberment or significant disfigurement;
3) a fracture;
4) loss of a fetus;
5) permanent loss of use of a body organ, member, function or system;
6) permanent consequential limitation of use of a body organ or member;
7) significant limitation of use of a body function or system, or
8) a medically determined injury or impairment of a non permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person’s usual and customary daily activities for not less that ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment.   
The first four definitions provided are very precise and easy to determine. The latter three definitoins are more difficult to determine, and many serious injury threshold inquiries are centered on whether a person meets one or more of them.
                               
Dating back to 1982, the court in Licari v. Elliot determined that since New York uses a no-fault system, recovery can only result for serious injuries under the above statute. According to Ortiz v. Ash, once a serious injury is shown, the plaintiff must prove that the injuries she sustained are causally related to the accident claimed. Only after these requirements have been satisfied, a plaintiff can sue for non-economic loss, such as pain and suffering.

In a more recent decision, the Court of Appeals set straight the body of law governing requirements of proof in “serious injury” threshold cases. The court held that 1) there is no requirement that a plaintiff show contemporaneous range of motion testing following an accident and injury, and 2) where doctors disagree on issues of causation, such issues must be left for the jury to determine.         

In essence, the court rationalized that potential plaintiffs seeking recovery for injuries should not be penalized because their treating doctor did not perform a range of motion test, but rather focused on treating the injuries.

The court also held that a treating physician’s statement that the plaintiff had no prior similar injuries or symptoms and that the injuries were causally related to the accident was sufficient to raise a triable issue of fact on the issue of causation, meaning that the case can move on to hear the plaintiff’s claim.

The courts constantly add to their "case law" with each ruling, thus creating a precedent that they can follow. Many of the definitions regarding serious injuries found in the Insurance Law statute are further defined in the court’s case law. It is essential to have a knowledgeable and experienced attorney who can properly represent you in these matters.

At Foley Griffin, LLP, our attorneys represent clients in a multitude of areas of law, including car accidents. If you require assistance with a legal issue, please contact our office located in 666 Old Country Road, Suite 305, Garden City, NY11530, or call us toll free at 1-800-991-2773.

Soft tissue injuries


We are often asked by our clients if they have a “good case.”   Our response generally involves three components; (1.) Whose fault is the accident?; (2.) Did the other driver have adequate insurance, or the client have sufficient underinsurance; (3.) Do the injuries meet the threshold.   I would like to focus on the third component of a good case, namely “threshold.”  New York State law has set forth nine (9) different categories of cases that qualify as a serious injury that would allow a person to successfully pursue a personal injury lawsuit.  One of the categories is easy, that is you suffer a fracture.  So, if you are in an accident and suffer a fracture, your injury qualifies as a “serious injury”under the law.  The more difficult cases are those involving a soft tissue injury.  In these cases, there must be causal connection between the injury and the accident, a diagnostic test confirming the injury, and some impact upon a person’s life. This means that if you have a soft tissue injury and go back to your usual daily activities right away, the chances of having a successful personal injury case are reduced.  Usually the best indicator of a good soft tissue case is the significance of the injury on a person’s life after a period of time  has passed.

June 5, 2013

Crosswalks Are Not Havens

A medical study of injured pedestrians and cyclists in the city was recently conducted by a team of trauma surgeons, emergency physicians and researchers from NYU Langone Medical Center.

Among their findings, they found 1) being overweight may be a factor that protects New Yorkers from serious injury, 2) that taxicabs pose a large threat to cyclists, who often compete for the same small curbside area, and 3) that cyclists and pedestrians hit by cars are most often struck while in the crosswalk, with the signal on their side.

From December 2008 to June 2011, the group studied more than 1,400 pedestrians and cyclists treated at Bellevue Hospital Center after collisions, mostly occurring in Manhattan and western Brooklyn. Focusing on the patients, data was collected through victim self-reporting, medical records, and accounts from witnesses and first responders.
   
One of the findings was that excessive weight may be helpful for pedestrians in a collision. Dr. Frangos noted that generally, overweight and obese patients fared worse once admitted to a hospital, but that perhaps “that extra layer offers some protection at the time of the injury.”
   
The study also showed that the awareness level of the pedestrian or cyclist may have been compromised in some cases due to alcohol consumption or the use of an electronic device like a cellphone. It was also noted that the time of day mattered. The majority of cyclists were hit between noon and 3 p.m. and after 6 p.m., reflecting times when food deliveries are most often made. Most pedestrians were hit by automobiles on weekdays between 9 a.m. and 6 p.m.

One of the more significant findings showed that a large amount of riders and pedestrians were struck by taxis. Taxis hit cyclists more often then pedestrians.

The study has some shortcomings in that it does not include those who were killed at the scene of the accident. However, the most chilling take-away from the report is that there is no area that is entirely safe. Nearly half of those injured on the street were using a crosswalk, with the signal. The remainder of those injured were crossing at midblock, crossing against the signal, or were involved in less frequent circumstances, like travelers being hit while getting into or out of a vehicle.

The study could help inform transportation planning in the city. Administration officials try to reduce the types of injuries sustained in these cases. After observing the report, officials said it reinforced many of their own findings, including the need for bike lanes, pedestrian plazas and other traffic-calming measures.

At Foley Griffin, LLP, our attorneys represent clients in a multitude of areas of law, including car accidents involving pedestrians and cyclists. If you require assistance with a legal issue, please contact our office located in 666 Old Country Road, Suite 305, Garden City, NY11530, or call us toll free at 1-800-991-2773. 

March 29, 2013

Accidents involving police vehicles


A different standard of negligence is applied in accidents involving police vehicles.  If a police vehicle, involved in emergency operation, is involved in an accident, the officer will only be found responsible if they exhibit a reckless disregard for the safety of others. The main case on this rule is Criscione v. City of New York (97 NY2d 152 [2001]).  Criscione involved a collision between a police cruiser and a civilian vehicle that occurred after the officers in the cruiser had received a radio dispatch to respond to a 911 call of a domestic dispute, which was neither considered criminal in nature, nor classified by the police radio code transmitted to the cruiser as an emergency.
In Criscione, the Court of Appeals held that the police cruiser involved was an "authorized emergency vehicle,"  and that it was engaged in an "emergency operation" because it was "responding to…[a] police call" 

March 27, 2013

Premise Accidents And Liability In New York


Nassau and Suffolk County personal injury attorney Thomas Foley, of the Foley Griffin law firm, discusses accidents happening in public premises in New York, and how the owners might be liable for their negligence.

Stores, construction sites, and other premises can be held liable for any accidents that occur, more so if negligence or improper maintenance can be proven. You could have a case even if the accident happened on the sidewalk, and not necessarily inside the building. Gathering proof of the negligence quickly (before the premises are restored), is imperative.

Fire Truck Ambulance Accidents In Nassau And Suffolk County


New York personal injury attorney Thomas J. Foley, of the Foley Griffin law firm, discusses accidents involving municipal vehicles, and accidents involving fire trucks and ambulances in Nassau-Suffolk.

Filing a claim against a local city or county is not like pursuing a lawsuit against a private party. There are specific rules and procedures to follow before you can even begin starting the process. For example, you need to file a notice of claim with the municipality so it can consent to the lawsuit.

March 26, 2013

Man Killed in One-Car Crash


Suffolk County Police Fifth Squad detectives are investigating a one-car crash that killed a Bohemia man. 

The 47 year old male was driving a 2001 Chevrolet Tahoe on Lakeland Avenue when the vehicle left the roadway just north of Church Street in Bohemia.  The vehicle traveled onto a residential property, struck a fence, a parked car and trees. The victim was transported to Brookhaven Memorial Hospital Medical Center in East Patchogue where he was pronounced dead a short time later.

Delivery Truck Accidents In Nassau And Suffolk County


New York personal injury attorney Thomas Foley, of the Foley Griffin law firm, discusses delivery vehicle accidents in Nassau and Suffolk County.

A truck that is improperly loaded or overloaded with weight can cause serious and fatal accidents. If you have been injured in such a commercial vehicle collision you have rights. Our Nassau County NY Personal Injury attorneys understand your needs and how to get you the rewards you deserve.

Bus Accidents In Nassau and Suffolk County

Nassau and Suffolk County personal injury attorney Thomas J. Foley, of the Foley Griffin law firm, talks about bus accidents in New York.

Public transportation is useful — it provides a way for us to get places, without the cost of owning a car, or having to know how to drive. These larger vehicles, however, require special licenses and training to drive them. Bus drivers must be properly trained before the company lets them drive. When an insufficiently trained bus driver causes injury to someone, this is negligence, and the bus company might be liable. Often, bus accidents are more severe than car accidents.

March 23, 2013

Notice Of Claim In Nassau-Suffolk


Nassau-Suffolk personal injury attorney Thomas Foley, of the Foley Griffin law firm, talks about filing a notice of claim in New York, and how the process can speed up a small claims court case.

Improper Road Maintenance Accidents In Nassau-Suffolk


Long Island personal injury attorney Thomas Foley, of the Foley Griffin law firm, talks about improper road maintenance -- and how it can lead to an accident. He discusses improper road maintenance cases in New York.

Roads are important — we walk and drive down them, and they help control traffic on the streets. Properly maintaining them is crucial, if we want our streets to be safe. When roads aren’t properly maintained, it can lead to disaster. Bumped, cracked, and slippery roads can cause accidents; even fatal ones.

March 22, 2013

Improper And Negligent Security In New York


New York personal injury attorney Thomas Foley, of the Foley Griffin law firm, talks about improper and negligent security -- and how, should accident or theft occur, you could have a case.

March 21, 2013

Icy Slip And Fall Accidents In Nassau-Suffolk


Nassau-Suffolk personal injury attorney Thomas J. Foley, of the Foley Griffin law firm, talks about accidents caused by the improper removal of snow and ice in New York.

During the winter months, pedestrians must take additional precautions when walking the streets of New York City. Wearing the proper footwear and keeping watch for potentially dangerous black ice are steps we can all take to avoid a slip and fall accident. However, there are times where an unavoidable accident may happen. If your fall is due to a property owner’s negligence, you may have a potential claim against that property owner.

March 11, 2013

Officials: Teen killed as car jumps curb in Queens


A 16-year-old boy from Queens was fatally struck on a sidewalk near LaGuardia Community College in Long Island City, after a minivan jumped a curb in a three-car accident that also left four other pedestrians injured, officials said.
The boy,  of 58th Avenue, Maspeth, was taken to Elmhurst Hospital Center, where he was pronounced dead, police said.
The four injured were LaGuardia college students, officials said.

A preliminary investigation indicates a 2002 Dodge Caravan traveling east on Thomson Avenue "apparently lost control and mounted the sidewalk striking five pedestrians," the NYPD's 108th Precinct said in a statement.
The accident took place  at the intersection of Thomson Avenue and 30th Street near the college. The driver of the vehicle was issued a summons for driving without insurance, said an NYPD spokesman.

Man Killed in Single-Car Crash


Suffolk County Police First Squad detectives are investigating a single-car crash that killed a Melville man in East FarmingdaleA 20 year old male of 27 Treeview Drive, Melville, was driving a 2004 Infiniti eastbound on Conklin Street, east of New Highway  when his vehicle veered off the road and struck a fence. He was was transported to Nassau University Medical Center where he was pronounced dead.

January 14, 2013

Bohemia Man Killed in Motor Vehicle Crash


Suffolk County Police Seventh Squad detectives are investigating a motor vehicle crash that killed a Bohemia man.

A 39 year old male was driving a 2004 Chevrolet Impala northbound on Yaphank-Middle Island Road in Yaphank when the vehicle struck a telephone pole and came to rest in a wooded area.

The driver was working for Longwood School District Security at the time of the crash. He was pronounced dead at the scene by a physician assistant from the Office of the Suffolk County Medical Examiner. The vehicle has been impounded for a safety check.

January 10, 2013

Freeport man dies after being hit by car


An 85-year-old man who was struck by a car as he crossed Atlantic Avenue near West End Avenue in Freeport has died from his injuries, Nassau County police said. The victim died several hours after being hit, at Nassau University Medical Center in East Meadow.
Police said they could find no apparent criminality in the accident.

Pedestrian Critically Injured in Hit and Run Crash


Suffolk County Police Third Squad detectives are investigating a hit and run crash in West Islip that left a teenage male critically injured. 

Police responded to a report that a pedestrian was hit by a car and was lying in the road on Udall Avenue. When police arrived, they found that the male victim was unconscious. Witnesses at the scene reported seeing a light blue car traveling northbound on Udall Road and then turning westbound on Alinda Avenue. The vehicle is believed to have damage to both the driver’s side headlight assembly and the driver’s side side-view mirror.

The victim was transported to Good Samaritan Hospital Medical Center in West Islip where he is in critical condition.

Man Killed, Another Man Injured When Vehicle Crashes into House


Suffolk County Police First Squad detectives are investigating a motor vehicle crash into a house that killed a North Amityville man and seriously injured his passenger.

A 20 year old male was driving his 1997 Pontiac Bonneville southbound on Great Neck Road when he lost control of his vehicle and drove off the road and into the corner of a vacant house and then crashed into an occupied residence located at 3307 Great Neck Road.

The driver, of Beta Drive, North Amityville was pronounced dead at the scene by a physician assistant from the Office of the Suffolk County Medical Examiner. A passenger was airlifted to Stony Brook University Hospital where he is in serious condition. One of the residents in the house was taken to Good Samaritan Hospital Medical Center in West Islip for minor injuries.

The vehicle has been impounded for a safety check. A building inspector from the Town of Babylon is responding to the scene to inspect both houses.