Long Island Personal Injury Trial Lawyers

3 exposed to carbon monoxide at restaurant

2012-01-23T10:56:00.001-05:00

Three people were taken by ambulance from a Great Neck restaurant and bakery to hospitals to be treated for carbon monoxide exposure and nine others were treated at the scene, a fire department chief said.

After treatment, none of those exposed were believed to be in life-threatening condition, police said.

A 20-year-old workman at Bruce's Restaurant and Bakery, 34 Middle Neck Rd., was first reported to be having seizures, according to the chief of the Great Neck Vigilant Fire company. The first fire department responders recorded unusually high levels of carbon monoxide gas in the building.

The bakery and restaurant were evacuated and the semiconscious 20-year-old was taken by ambulance to be treated at Nassau University Medical Center in East Meadow. Two others in the building were transported by ambulance to North Shore University Hospital in Manhasset. Others were treated at the scene using oxygen therapy.

This was the second large carbon monoxide incident in the area this month.

Thirty-nine midshipmen at the United States Merchant Marine Academy in Kings Park were treated at hospitals for carbon monoxide exposure in January. The cause of the exposure was traced to a faulty hot water system that serviced the barracks.

Bruce's restaurant and bakery was closed after the incident and a plumber was on site to try to determine the source of the gas. Management of the restaurant and bakery could not be reached to comment.

Cops: 1 airlifted to hospital after crash

2012-01-23T10:38:00.000-05:00

A woman whose car was hit by a dump truck as she left the Brookhaven Animal Shelter was airlifted to Stony Brook University Medical Center, Suffolk County police said.

A police spokeswoman did not have an update on the woman's condition but said the injuries were "nonlife threatening."

Police said the woman was driving a Mercedes and her car was struck by a dump truck as she left the shelter on Horseblock Road.

Reporter hurt at press event suing Nassau

2012-01-23T10:26:00.002-05:00

A journalist who fell backward in her wheelchair while boarding a bus at a New Year's Day press event has filed legal papers against Nassau County.

The 42 year old writer was trying to roll her wheelchair up a bus ramp at a news conference for the county's new bus system when her wheelchair flipped backward, slamming her head against the depot tarmac. She announced at a Garden City news conference that she has served legal notice of her intent to sue Nassau County.

The woman's lawyer says he is seeking clarity on whether Nassau County was still responsible for the bus at the time of the accident. Veolia Transportation took over the county's bus system, now called Nassau Inter-County Express, that day.

Cops: One dead in Southern State crash

2012-01-08T20:49:00.000-05:00

A vehicle skidded off the Southern State Parkway and hit a tree, killing one person, state police said.

The crash occurred as the car, carrying a husband and wife, was traveling westbound on the parkway near Exit 30 in North Massapequa, police said.

The husband was killed, but police could not identify him. The wife, whose identity also was not made available, was treated at Nassau University Medical Center for minor injuries and released

Man killed trying to cross Central Islip road

2012-01-08T20:32:00.003-05:00

Another person has been killed while trying to cross a busy Suffolk road.

The latest accident happened at Motor Parkway and Oakland Avenue near Route 111 in Central Islip.

Police say a man was crossing Motor Parkway when he was hit by a car. The 62 year old man, of Central Islip, died at the scene.

2 hurt in car-van crash on Peninsula Blvd.

2012-01-08T20:29:00.003-05:00

Two people have been injured, one of them seriously, in a two-car crash on Peninsula Boulevard in West Hempstead this morning.

Police say a car and van collided at the intersection of Peninsula Boulevard and Southern State Parkway.

The drivers' names have not been released. No charges have been filed in the accident.

Driver, 22, killed in Northern crash

2011-12-21T20:18:00.003-05:00

A Flushing man was killed when his car struck a light pole and then a tree on the Northern State Parkway in Lake Success, State Police said.

The 22 year old driver was driving a 1996 Acura west on the parkway near Lakeville Road when his vehicle left the road and struck the pole and tree on the north shoulder, police said.

Nassau County emergency medical technicians pronounced the driver dead at the scene. There were no passengers, police said.

Teen hit by vehicle in Bellmore

2011-12-21T20:10:00.004-05:00

A 16-year-old boy struck by a vehicle in Bellmore was taken to a hospital for treatment, police said.

Nassau County police said the injuries to the teen are not believed to be serious.

"It looks like he's going to be OK," a police spokeswoman said.

She added that she had no other details on the teen's injuries.

The accident took place near the intersection of Bellmore Avenue and Wilson Avenue, police said.

The driver, a 77-year-old woman, remained at the scene and no charges are expected, police said.

Pedestrian crossing Mineola street killed

2011-12-09T18:51:00.001-05:00

A 59-year-old woman crossing a street in Mineola was struck and killed by a vehicle, Nassau County police said.

The accident occurred on Mineola Boulevard near Grant Street, police said.

The driver, whose name was not immediately released, was arrested on a charge of leaving the scene, police said

Cops: Weather played role in 2 pedestrians accidents

2011-12-08T12:57:00.002-05:00

Cops say the bad weather overnight appears to have played a role in at least one of two pedestrian accidents.

In the first accident, a man was hit by a Jeep in Wyandanch. Cops say the man, of Deer Park, was crossing Acorn Street near Straight Path road when he was hit. The driver of the Jeep says he couldn’t see after water from a puddle splashed over his windshield.

In the second, a woman was hit on Route 25A in Kings Park. Police say she was in the middle of the road when she was hit.

Motorist, 85, dies after W. Hills crash

2011-12-08T12:12:00.002-05:00

A Huntington man died after his car veered into oncoming traffic in West Hills and hit another car, Suffolk police said.

The 85 year old man was going north on Round Swamp Road near Vannina Place when he crossed Round Swamp Road and hit a car driven by a 51 year old woman from Huntington.

The two drivers were taken to Huntington Hospital where the elderly man was later pronounced dead, police said.

Woman fatally struck by sanitation truck in NYC

2011-12-08T12:07:00.001-05:00

Police say a 25-year-old Syosset woman was struck and killed by a city sanitation truck while crossing a street in Brooklyn.

Police say it happened on Broadway near Driggs Avenue in the Williamsburg section of the borough. The woman, of Syosset, was taken to a hospital where she was pronounced dead.

Police say no crime is suspected. The investigation is continuing.

Tot killed in Farmingville car crash

2011-12-07T19:38:00.002-05:00

A 15-month-old girl who was not properly restrained in her car seat died in a single-car accident when the driver, her grandmother, lost control and the car flipped over several times in Farmingville, Suffolk police said.

The girl was ejected from the car, which rested on the grassy median of North Ocean Avenue, emergency responders said, and as she lay there Farmingville firefighters used the Jaws of Life to extricate her grandmother and the girl's mother from the front seat.

The child had head injuries and was declared dead at the scene, said a Sixth Squad Detective, one of the responders to the accident.

The driver and passenger, both of Mastic, were conscious and not seriously injured, police said. They were taken to Stony Brook University Medical Center.

The grandmother, mother and daughter were in a 2002 Mercury Mountaineer headed southbound on North Ocean Avenue, approaching Granny Road, when police said the accident happened. It was raining at the time. The toddler was in a car seat in the back seat. For hours, the crash closed North Ocean Avenue in both directions between Granny Road and Mooney Pond Road.

The stretch of North Ocean just north of Granny Road has been the scene of numerous accidents during times of heavy rain because of bad drainage, with vehicles hydroplaning and drivers losing control, said the second assistant chief of the Farmingville Fire Department, who was dispatched to the crash scene.

93-year-old woman hit, killed while walking to church

2011-12-05T20:05:00.002-05:00

Cops say a 93-year-old woman was hit and killed while walking to church in Huntington Station.

Police say the woman was trying to cross New York Avenue when she was hit. The incident happened in front of St. Hugh's Church.

The woman was rushed to the hospital where she later died.

The victim's son said she went to church almost every day.

Ronkonkoma Man Killed in Motor Vehicle Crash

2011-12-04T20:30:00.002-05:00

Suffolk County Police Fourth Squad detectives are investigating a single vehicle crash that killed a 47-year-old man in Ronkonkoma.

The man was traveling eastbound on Forest Court in Ronkonkoma when he apparently lost control of his 2008 Nissan Maxima. The Nissan struck a fence and then crashed into a home located at 5 East Drive, Ronkonkoma.

The 47 year old driver, of Locust Blvd., Ronkonkoma, was transported by Lakeland Ambulance Company to Stony Brook University Medical Center where he was pronounced dead. The residents of the home were not injured.

Cops: Tractor-trailer crashes into building

2011-12-02T11:26:00.001-05:00

A tractor-trailer pulling out of a 7-Eleven parking lot in Valley Stream careened across a street and crashed into the side of a medical building sparking a gas leak. Nassau County police said the accident occurred on Franklin Avenue. It was not immediately clear if anyone was injured in the accident.

Volunteers from the Valley Stream Fire Department and two Nassau police ambulances were on scene.

Witnesses said the cab of the tractor-trailer penetrated the side of the building, home to Long Island Cardiology Associates.

Bangar v Man Sing Wong, 2011 NY Slip Op 08717

2011-12-01T21:15:00.002-05:00

In an action to recover damages for personal injuries,the plaintiffs appealed from an order of the Supreme Court, Kings County (F. Rivera, J.), dated April 9, 2010, which granted the defendant's motion for summary judgment dismissing the complaint on the ground that the plaintiff Ken Bangar did not sustain a serious injury within the meaning of Insurance Law § 5102(d). The Second Department reversed, on the law, and held that the defendant's motion for summary judgment dismissing the complaint should have been denied.

The court held that the defendant failed to meet his prima facie burden of showing that the injured plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d) as a result of the subject accident (see Toure v Avis Rent A Car Sys., 98 NY2d 345; Gaddy v Eyler, 79 NYd 955, 956-657). In their bill of particulars, the plaintiffs alleged that the injured plaintiff had sustained a medically-determined injury or impairment of a nonpermanent nature which prevented him from performing substantially all of the material acts which constituted his usual and customary activities for not less than 90 days during the 180 days immediately following the subject accident. However, the defendant failed to show, prima facie, that the injured plaintiff did not sustain such an injury. In support of his motion, the defendant submitted the injured plaintiff's deposition testimony, which indicated that the injured plaintiff missed work for the first 110 days after the subject accident (see Takaroff v A.M. USA, Inc., 63 AD3d 1142, 1143; Shaw v Jalloh, 57 AD3d 647, 648; Ali v Rivera, 52 AD3d 445, 446; DeVille v Barry, 41 AD3d 763). Moreover, the defendant's orthopedist, who examined the injured plaintiff more than 14 months after the accident, did not relate any of his findings to the period of time immediately following the accident (see Cabey v Leon, 84 AD3d 1295, 1296; Mugno v Juran, 81 AD3d 908, 909;Lewis v John, 81 AD3d 904, 905; Takaroff v A.M. USA, Inc., 63 AD3d at 1143; Shaw v Jalloh, 57 AD3d at 648; DeVille v Barry, 41 AD3d at 763-764). The court held that since the defendant did not sustain his prima facie burden on his motion, it was unnecessary to determine whether the papers submitted by the plaintiffs in opposition were sufficient to raise a triable issue of fact (see Mugno v Juran, 81 AD2d at 909; Galofaro v Wylie, 78 AD3d 652, 653). [*2]Accordingly, the Appellate Division held that the Supreme Court should have denied the defendant's motion for summary judgment dismissing the complaint.

Three Injured in Shooting

2011-11-28T20:13:00.002-05:00

Suffolk County Police Second Squad detectives are investigating a shooting that injured three men in Huntington Station.

Three males, ages 16, 18 and 22, were sitting in a vehicle in the parking lot of 123 First Avenue when a large group of males surrounded the vehicle and at least two members of the group shot into the vehicle, injuring the three occupants. The three victims were transported by Huntington Community Rescue ambulance to Huntington Hospital.

The 16 year old male, of Smith Street, Greenlawn, sustained a gunshot wound to the left arm and a grazing wound to his head. The 18 year old of First Avenue, Huntington Station, sustained a gunshot wound to his groin. The 22 year old, of Wyman Ave, Huntington Station, sustained gunshot wounds to his right arm, right armpit and right hand.

The investigation is continuing and detectives believe the shooting may be gang related.

Motorcyclist Killed in Two-Vehicle Crash

2011-11-28T19:57:00.002-05:00

Suffolk County Police Sixth Squad detectives are investigating a two-vehicle crash that killed a motorcyclist in Coram.

The 46 year old male was operating a 1986 Honda motorcycle westbound on Middle Country Road when he collided with a 1996 Saturn driven by a 23 year old male from Bonnybill Drive, Centerreach, at the Country Club Drive intersection. The driver was traveling in the eastbound turning lane on Middle Country Road and was making a left turn onto County Club Drive when the vehicles collided.

The motorcycle driver, of Wartburg Drive, Kings Park, was transported via ambulance to John T. Mather Memorial Hospital in Port Jefferson, where he was pronounced dead. The passenger of the Saturn was also transported to John T.Mather Memorial Hospital for treatment of non-life-threatening injuries.

Bicyclist Killed After Being Struck By Three Vehicles

2011-11-28T19:48:00.003-05:00

Suffolk County Police First Squad detectives are investigating a crash during which a bicyclist was killed when he was struck by three vehicles in East Farmingdale.

The cyclist was attempting to cross Route 110 at Del Drive on his bicycle when he was struck by a vehicle traveling southbound on Route 110. After being struck by the first vehicle, he was struck by two additional vehicles. All three drivers remained at the scene.

The victim of Conklin St., Farmingdale, was pronounced dead at the scene by a physician assistant from the Office of Suffolk County Medical Examiner.

Blagrove v Metropolitan Transp. Auth.

2011-11-17T17:03:00.002-05:00

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Queens County (Weiss, J.), dated July 7, 2010, which denied their motion for summary judgment dismissing the complaint.

ORDERED that the order is affirmed, with costs.

At approximately 6:00 P.M. on January 4, 2008, the plaintiff allegedly was injured when she tripped and fell while descending a stairway leading from the Long Island Rail Road (hereinafter LIRR) platform at the Locust Manor station in Queens. The plaintiff testified at her deposition that the cause of her accident was a broken and cracked concrete step. The Supreme Court denied the defendants' motion for summary judgment. We affirm.

In support of their motion for summary judgment, the defendants failed to make a prima facie showing that the alleged defective condition was trivial as a matter of law and, thus, not actionable (see Bolloli v Waldbaum, Inc., 71 AD3d 618; Serano v New York City Hous. Auth., 66 AD3d 867; Ricker v Board of Educ. of Town of Hyde Park, 61 AD3d 735). Furthermore, the defendants failed to establish, prima facie, that they did not have constructive notice of the condition complained of, especially given the photographic evidence which they submitted in support of their motion (see Bolloli v Waldbaum, Inc., 71 AD3d at 619-620). Moreover, contrary to the defendants' contention, the plaintiff clearly identified the cause of her fall at her deposition. Since the defendants failed to meet their prima facie burden, we need not address the sufficiency of the plaintiff's papers in opposition (see Winegrad v New York Univ. Med. Ctr., 64 NY2d 851).

Accordingly, the Supreme Court correctly denied the defendants' motion for summary judgment dismissing the complaint.

3-car crash in East Farmingdale leaves several injured

2011-11-15T19:39:00.001-05:00

Cops say a three-car crash in East Farmingdale has left several people injured.

The incident happened at the corner of Conklin Avenue and Route 110 in East Farmingdale.

The cause of the crash is not yet known but police say all three injuries are minor.

Man severely injured in Hicksville crash

2011-11-14T11:54:00.002-05:00

A man was taken to Nassau University Medical Center with severe injuries after a two-car crash in Hicksville, Nassau County police reported.

A pickup truck and a sedan collided at Barter Lane and Newbridge Road, authorities said.

The impact sent the two vehicles careening into the parking lot of a nearby Citgo gas station.

Hicksville Fire Department members used heavy rescue equipment to free the driver of the sedan from the wreckage, said the Hicksville Chief of Department. Police did not identify the man, whose age was estimated to be about 22 or 23. He was taken to the hospital with severe trauma to his chest and head.

The driver of the pickup truck was shaken, but unhurt, authorities reported.

Cops probe Lynbrook motorcycle crash

2011-11-14T11:47:00.001-05:00

Nassau County police are investigating a Lynbrook accident that they say caused a man to be thrown from his motorcycle.

The Valley Stream man, 52, was riding his 1995 Harley-Davidson eastbound on Peninsula Boulevard when he collided with an unidentified woman driving south on Charles Street in a 1995 Saturn sedan, police said.

The man suffered severe head and chest injuries in the crash. He and the woman, 40, as well as her passenger, were taken to a hospital, police said.

School bus slams into house in Brooklyn

2011-11-07T21:52:00.001-05:00

The driver of a school bus in Brooklyn was injured when he crashed into an unoccupied private home after being hit by a sport utility vehicle, officials said.

The driver, who was not identified, was taken to Brookdale Hospital with injuries that were not life-threatening, a Fire Department spokesman said.

The crash at Rockaway Parkway and Avenue N, brought about 12 fire units and 60 firefighters to the scene, the spokesman said. A fire on the bus, which had no children aboard, did not extend to the house and was extinguished.

Florida Woman Dies in Motor Vehicle Crash

2011-11-07T21:06:00.002-05:00

Suffolk County Police Second Squad detectives are investigating a motor vehicle crash that killed a Florida woman.

A 60 woman was driving a 2012 Chevrolet westbound on Cedar Road when she stopped at a red light at the Larkfield Road intersection in East Northport. When the light turned green, the woman continued to head westbound when her vehicle was struck by a 1994 Ford Van that was heading northbound on Larkfield Road and had driven through a red light.

The woman was transported to Huntington Hospital, where she was later pronounced dead. The passenger in her car, the woman's 11-year-old granddaughter, and the driver of the van, were also transported to Huntington Hospital, where they were both treated and released.

The driver of the van, of 641 Pulaski Road, East Northport, was issued a summons for driving through a red light. Both vehicles where impounded for a safety check and the investigation is continuing.

Teen skateboarder hit, killed by car in Syosset

2011-11-07T17:42:00.002-05:00

Cops say a 15-year-old skateboarder was hit and killed by a car in Syosset yesterday.

According to police, the victim was skateboarding with a friend along South Oyster Bay Road when he was hit.

The teen collided with his friend and then hit his head on the ground.

The victim died at the hospital. His friend fractured his ankle.

Police say the driver is not facing charges.

Fellow classmates at Bethpage High School, which the teen attended, say grief counselors are helping his friends deal with his death.

Cops offer reward for arrest in E. Patchogue hit-and-run

2011-11-01T20:53:00.001-04:00

Cops are offering a reward for the arrest of a hit-and-run driver who killed a bicyclist in Suffolk County.

According to investigators, a 22 year old was hit by two vehicles while he rode his bike across South Country Road in East Patchogue.

Police say one driver stopped, but the other driver took off in a light-colored SUV.

The father of three from East Meadow died hours later.

54-Year-Old Woman Killed in Motor Vehicle Crash

2011-11-01T20:35:00.002-04:00

Suffolk County Police First Squad detectives are investigating a motor vehicle crash that killed a Riverhead woman.

A 37 year old man of Brentwood was driving a 2006 Toyota Tacoma westbound on Sunrise Highway, near Hubbard’s Path in West Babylon, when he apparently lost control of his vehicle over a patch of ice and struck a guardrail. The man got out of his vehicle to inspect the damage when his Tacoma was struck by a 2008 Honda Civic. The driver of the Civic apparently lost control of her vehicle which spun out of control and struck the rear of the Toyota.

The Civic's driver was pronounced dead at the scene by a physician assistant from the Office of the Medical Examiner.

The driver of the Tacoma and his passengers were transported to Good Samaritan Hospital in West Islip where they were treated for non-life-threatening injuries.

Man Seriously Injured in Multiple-Vehicle Crash

2011-11-01T20:22:00.002-04:00

Suffolk County Police First Squad detectives are investigating a multiple-vehicle crash that seriously injured a North Babylon man.

The drivers of a Sunset taxi cab, a Ford Explorer and a Lindy’s taxi cab were traveling southbound on Route 231 when they, independently of one another, apparently lost control of their vehicles and struck a guardrail at the Sunrise Highway overpass in North Babylon. Moments later, a Jeep Wrangler, which was also traveling south on Route 231, struck the Lindy’s taxi. A fifth vehicle, a Kia Rio, also traveling south on Route 231, then struck the Jeep. A sixth vehicle, a Wyandanch-Wheatley Heights Ambulance, also traveling south on Route 231 struck the Jeep and the Kia, as well as their drivers, who were outside of their vehicles inspecting the damage when the collision occurred.

The driver of the Jeep , of North Babylon, was airlifted to Stony Brook University Medical Center where he was listed in critical condition. The driver of the Kia, of West Meadow, was transported to Good Samaritan Hospital Medical Center in West Islip and admitted in stable condition.

The driver of the ambulance, of North Babylon was transported to Good Samaritan Hospital Medical Center, where he was treated for non-life-threatening injuries. The one year old patient being transported in the ambulance suffered minor lacerations as a result of the crash and was admitted to Good Samaritan Hospital Medical Center. The boy’s parents, both of Wyandanch, were treated at Good Samaritan Hospital Medical Center for minor injuries.

The driver of the Sunset taxi, the driver of the Ford Explorer, and the driver of the Lindy’s taxi were not injured.

W. Islip teen in critical condition after being struck by car

2011-10-25T21:47:00.001-04:00

A West Islip High School student remains in critical condition at Good Samaritan Hospital after he was hit by a car while walking to school.

The incident happened at the intersection of Barberry Road and Montauk Highway.

Cops say an 84-year-old woman driving a tan Buick slammed into the student while he was walking to the high school.

School officials say the 16 year old is a junior and does not usually walk to school.

Residents in the area say that a traffic light needs to be installed at the intersection to help prevent future incidents like this one.

Pedestrian Killed in Motor Vehicle Crash

2011-10-25T20:41:00.002-04:00

Suffolk County Police Second Squad detectives are investigating a fatal motor vehicle crash that claimed the life of a 45 year-old pedestrian in Dix Hills.

The pedestrian was standing in the westbound lanes of Jericho Turnpike, just east of East Deer Park Road , when he was struck by a 2009 Ford van.

The 45 year old male, of 73rd Ave., Oak Gardens, Queens, was pronounced dead at the scene by a physician assistant from the Office of the Suffolk County Medical Examiner.The 58 year old driver from Northport was not injured in the crash.

The vehicle was impounded for a safety check and the investigation is continuing.

Pedestrian Seriously Injured in Motor Vehicle Crash

2011-10-17T14:37:00.002-04:00

Suffolk County Police Third Squad detectives are investigating a motor vehicle crash that seriously injured a pedestrian.

The pedestrian was crossing Union Boulevard at Windsor Avenue in Bay Shore when he was struck by a 2000 Pontiac Grand Am that was traveling westbound on Union Boulevard.

The victim, 26, of Swan Lane, Levittown, was transported by ambulance to Southside Hospital in Bay Shore where he was admitted in critical condition. The operator of the Grand Am, a 22 year old from West Islip, was not injured in the crash.

The vehicle was impounded for a safety check and the investigation is continuing.

Man killed crossing LIE service road

2011-10-17T08:57:00.001-04:00

A 42-year-old man was killed when he was struck by a sport utility vehicle as he crossed the Long Island Expressway south service road in Brentwood, Suffolk County police said.

The victim was pronounced dead at the scene on Express Drive South, near Washington Avenue, not far from his home, police said. Police said he was struck by an 18 year old driving eastbound in a 2004 Ford Explorer.

One hurt in two bus crashes in Suffolk

2011-10-13T12:51:00.002-04:00

Two early morning bus accidents in Suffolk County left one person injured, Suffolk County police said.

A school bus and car collided on the William Floyd Parkway near the intersection with Roberts Road in Shirley.

Authorities said the bus, carrying students to William Floyd High School, was making a left turn onto Roberts from the southbound parkway when a northbound car went through a traffic light and slid under the rear of the bus.

No one was injured in that crash. Police said the driver of the car, who was not identified, was issued a summons for failure to obey a traffic device.

In another accident in Brentwood, a Suffolk Transit bus and car crashed near the intersection of Washington Avenue and Arthur Street. The car's driver was taken to a hospital with undisclosed injuries, police said. That person was not identified.

Cops: Female driver killed in collision with tractor-trailer on LIE

2011-10-13T12:37:00.001-04:00

Police say a fatal accident involving a commercial tractor-trailer and a Kia Sorento shut down all westbound lanes for hours on the LIE in Jericho.

According to detectives, the accident happened on the westbound LIE near exit 41S.

Cops say the 69-year-old female operator of the car was entering the expressway from an entrance ramp and apparently struck the rear of the tractor-trailer. The woman was pronounced dead at the scene.

Detectives report no apparent criminality in connection with the accident. The vehicles were impounded for a safety inspection.

School bus collides with MTA bus in Cedarhurst

2011-10-13T11:44:00.003-04:00

A school bus collided with a commuter bus in Cedarhurst, leaving 30 people injured.

The accident happened at the intersection of Central Avenue and McGlyyn Place.

Fire officials say all 15 preschool students from the Lawrence School District who were aboard the bus sustained injuries, but are expected to recover. The Deputy Chief of the Lawrence Cedarhurst Fire Department said the kids were transported to Nassau County Medical Center as a precaution. He said the most serious injury on the MTA bus was a possible fractured leg.

Police say the cause of the collision is being investigated. However, a MTA passenger

claims the driver ran through a stop sign and broadsided the school bus.

Man struck and killed on Sunrise Highway in West Babylon

2011-10-11T13:00:00.002-04:00

Suffolk County police are investigating a fatal pedestrian accident.

A 27 year old man was attempting to cross Sunrise Highway near Hubbards Path in West Babylon when he was struck by a westbound pickup truck. He was transported to Good Samaritan Hospital in West Islip where he was pronounced dead.

The vehicle was impounded for a safety check and the investigation is continuing.

Motor Vehicle Crash in Manorville Kills Mother and Son

2011-10-11T12:52:00.003-04:00

Suffolk County Police Seventh Squad detectives are investigating a motor vehicle crash that killed a mother and one child and critically injured two additional children.

The woman was driving a 1998 Honda Accord eastbound on the Oceanview Boulevard extension when her 1998 Honda Accord entered the intersection of County Road 111 and collided with a southbound 2002 Ford E350 van.

The 30 year old mother, of Manorville, was pronounced dead at the scene. Her 7-year-old son was transported by Manorville Community Ambulance to Peconic Bay Medical Center in Riverhead where he succumbed to his injuries and was later pronounced dead. The woman's 4-year-old daughter and her 2-year-old son were transported to Stony Brook University Medical Center via Suffolk County Police helicopter and were admitted in critical condition.

The driver of the van, and his passenger were transported to Peconic Bay Medical Center where they were treated for non-life-threatening injuries.

Both vehicles were impounded for a safety check and the investigation is continuing.

Kehoe v City of New York, 2011 NY Slip Op 07006

2011-10-07T12:29:00.005-04:00

The Appellate Division, Second Department, reversed the lower court and granted defendant's motion for summary judgment. Therein, the plaintiff was walking on a sidewalk abutting the defendant's real property when she tripped and fell and was injured. Three days later, she died of complications from her fall. The plaintiff's estate sued and the defendant moved for summary judgment dismissing the complaint on the ground that the defect was trivial as a matter of law. The Appellate Court reasoned as follows:

Generally, whether a dangerous or defective condition exists on the property of another so as to create liability "depends on the peculiar facts and circumstances of each case and is generally a question of fact for the jury" (citation omitted). However, not every injury allegedly caused by a defect in a sidewalk must be submitted to the jury. "[A] trivial defect on a walkway, not constituting a trap or nuisance, as a consequence of which a pedestrian might merely stumble, stub his toes or trip on a raised projection, is not actionable" (citation omitted). In determining whether a defect is trivial as a matter of law, the court should consider "the width, depth, elevation, irregularity and appearance of the defect along with the time, place and circumstance' of the injury" (citation omitted).

Upon reviewing photographs of the specific defect at issue, the court held that the alleged defect was not actionable, as it was trivial and did not possess the characteristics of a trap or nuisance. Thus, granted defendant's motion for summary judgment.

Bicyclist hit, killed in E. Patchogue

2011-10-07T11:34:00.002-04:00

A 22-year-old man riding a bike in East Patchogue died from injuries sustained after being struck by two sport utility vehicles, the second of which fled, police said.

Suffolk County police are searching for the second vehicle, described as a light-colored SUV -- an SUV last seen eastbound on South Country Road.

The victim, of East Patchogue, was airlifted to Stony Brook University Medical Center with serious injuries following the accident, police said. He subsequently died.

The victim was crossing South Country from north to south when he was struck by a westbound 2000 Jeep driven by a woman from Patchogue, police said. She stopped. The victim ended up in the eastbound lane of South Country Road -- and then was struck by a second vehicle, police said.

That vehicle didn't stop

Pedestrian Killed in Motor Vehicle Crash

2011-10-06T14:02:00.002-04:00

Suffolk County Police First Squad detectives are investigating a motor vehicle crash that killed a pedestrian in Amityville.

The pedestrian was walking across Broadway near Locust Drive in Amityville when he was struck by a 2004 Honda Accord that was traveling southbound on Broadway. The victim was crossing over from the west side of Broadway to the east side when he was struck by the vehicle.

The elderly man, of Massapequa Park, was transported to Good Samaritan Hospital Medical Center in West Islip where he was later pronounced dead. The driver of the Honda was not injured in the crash.

Appellate Division Dismisses Complaint

2011-09-30T08:55:00.002-04:00

In Bonilla v. Locicero, the Appellate Division, Second Department, reversed the lower court and granted defendants' motion for summary judgment on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d).
The Court held that the defendants met their prima facie burden of establishing that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d) as a result of the subject accident. The plaintiff alleged that, as a result of the subject accident, she sustained certain injuries to the cervical and thoracolumbar regions of her spine, and her left hip. However, the defendants submitted competent medical evidence establishing, prima facie, that none of those alleged injuries constituted a serious injury within the meaning of Insurance Law § 5102(d). Furthermore, while the plaintiff also alleged that she sustained a serious injury under the 90/180-day category of Insurance Law § 5102(d), the defendants submitted evidence establishing, prima facie, that during the 180-day period immediately following the subject accident, the plaintiff did not have an injury or impairment which, for more than 90 days, prevented her from performing substantially all of the acts that constituted her usual and customary daily activities.

Cops hunt for pit bull after attack in Merrick

2011-09-30T08:22:00.001-04:00

Nassau County police are conducting an extensive search for a pit bull after they say it viciously attacked a woman.

According to authorities, the incident happened near the Brookside School on Meadowbrook Road in Merrick.

Police say a woman had just finished walking on the school's track when she was approached by the dogs. They say the woman managed to call 911 from her cell phone.

Officers say the victim was still being attacked by the two pit bulls when they arrived. The officers fired at the dogs, striking and killing one, while the other took off behind the school.

The dog on the loose is described as tan with white on its stomach. The Nassau County Police Department is reminding residents in the area, for their own safety, to remain indoors during their extensive search.

The victim received bruises and lacerations to her head and face. In addition, she suffered from serious, deep lacerations to her left arm and both legs. She was transported to the Nassau University Medical Center in critical condition.

Families Sue Over Medford Massacre

2011-09-29T09:45:00.003-04:00

The families of two of the victims in the Medford massacre are planning to sue Suffolk County for negligence in connection with the shooting.

The wife of the Haven Drugs pharmacist is asking for $10 million.

The victim's wife faults the county for failing to take away the suspect's guns before he killed the pharmacist, and three others, on Father’s Day.

Man Injured In Industrial Accident

2011-09-29T09:23:00.003-04:00

Suffolk County Police detectives are investigating an industrial accident that severely injured a Patchogue man’s legs. Seventh Precinct officers responded to a 911 call reporting that a man had become entangled in a piece of machinery at a distributor shop located in Shirley. Upon arrival, the police found the victim trapped in a large compacting baler. Officers were able to extricate the victim who had suffered severe blood loss and traumatic injuries to both legs.

The victim was transported via Suffolk County Police helicopter to Stony Brook University Medical Center and was admitted in serious condition.

Officers from the Seventh Precinct and Emergency Service Section in addition to the Ridge Fire Department responded to the scene.

The investigation is continuing and a notification to the Occupational Safety and Health Administration (OSHA) was made.

Car Hits Two Pedestrians in Westbury

2011-09-29T09:20:00.002-04:00

Two pedestrians were injured when they were struck by a car that crashed into a building on Maple Avenue in Westbury, police said.

Nassau County police could not immediately say how seriously the pedestrians were injured or if the driver had been charged.

The investigation is continuing and police said details are still emerging.

Newsday Truck Hits Bellmore Post Office

2011-09-27T14:44:00.002-04:00

A Newsday delivery truck hit a Post Office building in Bellmore after the driver fell out of the vehicle while trying to retrieve a bundle of papers, police said.

The driver was taken to Nassau University Medical Center in East Meadow with minor injuries.

Officials said the post office was damaged. Nassau Fire Marshals and Town of Hempstead code enforcement officers were trying to determine if the building is structurally safe.

The driver was on Merrick Road when he hit a bump in the road and a bundle of papers started to bounce out of the truck, police said. The driver reached for the papers and both he and the bundle fell out the open door.

The driverless truck then struck the building, which is at the corner of Centre Avenue.

Dye Pack Explodes Injuring Bank Employee

2011-09-27T14:39:00.001-04:00

A bank employee suffered minor injuries when a dye pack, used to foil bank robberies and mark stolen cash, accidentally exploded in a TD Bank branch in Bethpage, Nassau County police said.

Police said the incident occurred inside the bank on Stewart Avenue. An Emergency Services Unit was dispatched to the bank, police said.

It was not clear what caused the pack to explode.

The employee suffered eye irritation, police said. It was not immediately clear if she was taken to a hospital.

Woman Arrested for DWI with Kids in Car

2011-09-25T16:23:00.003-04:00

A Central Islip woman was arrested for driving while intoxicated with three young children in the car, Nassau police said.

Police said they saw a driver in a parking lot on Sunrise Highway in Massapequa while her 6-year-old son stood on the backseat.

After police stopped the car, they found two more children -- a 7-year-old and 2-year old -- sitting in child-safety seats in the back of the car.

Pedestrian killed in Holbrook

2011-09-25T15:51:00.003-04:00

Suffolk County Police detectives are investigating a crash that killed a pedestrian in Holbrook this morning.

A man was driving a 2008 Nissan on Veterans Memorial Highway when he struck a pedestrian who was walking in the roadway. The pedestrian was then struck a second time by another driver. The pedestrian was pronounced dead at the scene by a physician assistant from the Office of the Suffolk County Medical Examiner.

Bicyclist accident

2011-09-25T15:28:00.001-04:00

A bicyclist was killed after he was struck by a vehicle in Port Washington, Port Washington Village police said.

The bicyclist, who police have not yet identified, was riding northbound on Port Washington Boulevard at Marino Avenue when he was struck by a 2007 Honda sedan driven by an woman, Lt. Brian Staley said. Police did not identify the driver.

The victim was pronounced dead at the scene. The woman was not charged, but her vehicle was impounded for safety checks.

Three Teens Hit by Driver on Drugs

2011-09-16T10:12:00.000-04:00

A Lindenhurst woman was ordered held on bail Monday at her arraignment on charges that she was high on drugs when she hit three teenagers with her car who were walking on a street in Deer Park.

The woman was charged with driving while ability impaired by drugs and with criminal possession of a hypodermic needle. The woman was denied being released without bail by Judge Paul Hensley because of the gravity of the crime.

The victims, all friends from Deer Park High School, were struck along Grand Boulevard in Deer Park when the SUV drifted onto the shoulder area. One of the three victims was airlifted to Stony Brook University Medical Center, in serious condition. The other two victims were both transported to Good Samaritan Hospital Medical Center in West Islip.

Firemen injured

2011-09-16T10:09:00.000-04:00

Four members of the Elmont Fire Department drill competition racing team were injured, one seriously, when they fell off a racing truck during a practice session Tuesday night in North Woodmere, police and fire officials said.

Three of the injured firefighters were taken to Jamaica Hospital Medical Center, the other to North Shore University Hospital in Manhasset.

Three of the firefighters are in stable condition Wednesday. One of the firefighters, who suffered head trauma, remained in serious condition in Jamaica.

Worker's Compensation

2011-09-16T10:08:00.000-04:00

The Workers' Compensation Law provides the exclusive remedy for an employee who seeks damages for unintentional injuries which he or she incurs in the course of employment. While an intentional tort may give rise to a cause of action outside the of the Workers' Compensation Law, the complaint must allege an intentional or deliberate act by the employer directed at causing harm to this particular employee

MVA-Lindenhurst

2011-09-16T10:06:00.002-04:00

A pedestrian was seriously injured when she was struck by a car as she was crossing at a Lindenhurst intersection Thursday, Suffolk police said.

The pedestrian was taken to Good Samaritan Hospital Medical Center in West Islip for treatment, police said. The driver of the car, was not injured.

The pedestrian was walking east across South Broadway at West Hoffman Avenue when she was struck by an eastbound 2000 Hyundai, which was making a right turn onto South Broadway.

Student injuries

2011-09-12T14:32:00.000-04:00

During an elective high school softball class, plaintiff, then 16 years old, hit ground balls to a fielder as a warmup exercise. A student named Johanny approached plaintiff and asked if she could hit a few balls. Plaintiff handed the bat to Johanny and told her, consistent with the teacher's instructions for practice drills, that she should not take full swings. Upon being handed the bat, however, Johanny immediately threw the ball in the air and took a full swing before plaintiff had time to get out ... Because the record establishes that plaintiff assumed the risk that resulted in her injury, defendant is entitled to judgment as a matter of law (see CPLR 4404[a]). A participant in an athletic activity is deemed to have assumed "those commonly appreciated risks which are inherent in and arise out of the nature of the sport generally and flow from such participation" (Morgan v State of New York, 90 NY2d 471, 484 [1997]).

Firemen injured

2011-08-31T09:44:00.000-04:00

Three of the injured firefighters were taken to Jamaica Hospital Medical Center, the other to North Shore University Hospital in Manhasset.

Three of the firefighters are in stable condition Wednesday. One of the firefighters, who suffered head trauma, remained in serious condition in Jamaica.

Personal injury-threshold decision

2011-08-12T07:41:00.003-04:00

In order to have a successful automobile personal injury case in New York, a person's injuries must meet a minimal threshold. If the injuries don't meet the threshold, or a person stops treating, defendants will often ask the Court to dismiss the case in a "summary judgment motion." However, as recently pointed out by the Appellate Division, the Court will not automatically dismiss these cases. In the recent case, the Court found that the plaintiff "established the existence of a triable issue of fact constituting a meritorious opposition to" Thornton's motion (Political Mktg., Int'l., Inc. v Jaliman, 67 AD3d at 662; see CPLR 5015[a][1]). The plaintiff provided competent medical evidence establishing that the alleged injuries to the lumbar region of her spine constituted a serious injury under the permanent consequential limitation of use and/or significant limitation of use categories of Insurance Law § 5102(d) (see Dixon v Fuller, 79 AD3d 1094, 1094-1095). She also provided a reasonable explanation for a cessation of medical treatment (see Pommells v Perez, 4 NY3d 566, 574; Abdelaziz v Fazel, 78 AD3d 1086).

School District responsibility

2011-06-01T12:05:00.000-04:00

A school district can be found responsible for a defective condition on their property if they have notice of the decision. The appellate Court in Gille v. Long Beach City School Dist. ,(N.Y.A.D. 2 Dept.)held that there were genuine issues of material fact as to whether a school district negligently supervised a student and his classmates, and whether the school district had actual or constructive notice of the defective condition. Therefore, the school district was not entitled to summary judgment in the student's action seeking to recover damages for injuries he allegedly sustained when a window shade fell and struck him in the head and eye.

Pedestrian accidents-Long Island

2011-05-25T09:08:00.000-04:00

Nassau and Suffolk counties rank third and fourth in pedestrian fatality rates among New York's 62 counties, according to a national report. The survey spurred calls for the state to redesign Long Island's deadliest roads for pedestrians. The report, released by the national nonprofit group Transportation for America, found that 52 percent of pedestrian fatalities across the country from 2000 through 2009 occurred on arterial roads -- thoroughfares it noted were engineered to move cars quickly, with little or no provision for people on foot, in wheelchairs or on bicycles.
Local transportation advocates called for the state Department of Transportation to invest more in safety projects and to develop plans to reduce pedestrian deaths on Hempstead Turnpike and Sunrise Highway, state roads that federal data show are among the region's most dangerous for pedestrians.

Cheerleading injury

2011-05-25T09:04:00.000-04:00

Recently it was found that a school district was not liable in a cheerleader's personal injury action, arising from an accident during cheerleading practice in which a teammate fell on the cheerleader during practice of the "liberty" stunt. The cheerleader voluntarily engaged in the activity of cheerleading, including the performance of stunts and, as an experienced cheerleader, she knew the risks inherent in that activity. The cheerleader was adequately supervised and further assumed obvious risk of injury from practicing on a bare gym floor. Also, the cheerleader did not know why the accident occurred, as required to demonstrate proximate cause.

Trip and Fall accidents

2011-05-18T10:36:00.000-04:00

In trip and fall cases, defendants will often argue that a defect was "open and obvious," thus the injured plaintiff should have seen the defect. This claim, however, should not be fatal to a claim. Under the theory of comparative negligence, just because the plaintiff may be partly responsible for the happening of an accident, doesn't mean that the case is over. This issue was recently addressed by an appellate court. In Saretsky v. 85 Kenmare Realty Corp., the plaintiff, Saretsky was hurt when she fell off a raised walkway in front of defendant's building after exiting a store. The platform-like raised walkway extends some 4½ feet from the building's face and ends at a 5-inch-high transition step at the center of the sidewalk. At a General Municipal Law §50-h hearing, Saretsky asserted she did not see the transition step, which she claimed was dangerous and trap-like. Supreme Court summarily dismissed her personal injury action after interpreting her claim that she did not see the purportedly "open and obvious" step as being that "she fell because she wasn't looking." Discussing Westbrook v. WR Activities-Cabreara Mkts. and Chafoulias v. 240 E. 55th Street Tenants Corp., and noting that her theory of "optical confusion" was supported by the record, the First Department reversed and reinstated the personal injury complaint. The panel ruled that the lower court's determination was error. Citing Westbrook, it reiterated the "well established principle" that a finding of "open and obvious" as to a hazardous condition is not fatal to a plaintiff's negligence claim. Rather it is relevant only to plaintiff's comparative fault. Therefore, summary dismissal of Saretsky's complaint was inappropriate.

Owners liability for dog

2011-05-11T05:47:00.000-04:00

A recent court decision found that the owners of a dog were not liable for injuries which motorcyclist sustained when he attempted to avoid hitting the dog. In the case, Rockwood v. Abate, the Judge found that tthe owners of a dog were not liable for injuries which a motorcyclist sustained when he attempted to avoid hitting the dog, which had entered the road after pushing open the gate on a six-foot chain link fence surrounding the owners' yard and running down 100-foot driveway and into the road. The dog had never been unrestrained outside of the confines of the owners' yard prior to date of accident.

Hit and run driver-Bethpage

2011-04-07T06:37:00.000-04:00

Nassau County Police reported that a hit-and-run driver in Bethpage struck two men riding on one bicycle Wednesday morning, killing one and seriously injuring the other.
The bicyclist was pronounced dead at a hospital at 7:20 a.m., an hour and 15 minutes after he was struck. The second victim was hospitalized in serious condition with internal injuries. Homicide detectives are searching for the driver of a white box truck that they think struck the bicycle as the two men headed south on Hicksville Road shortly after 6 a.m. The truck sustained damage in a front headlight area as a result of the collision, police said.

Fall on stairs

2011-04-07T06:05:00.000-04:00

Recently, the courts decided a case where a theater-goer was injured after the lights had been turned off. The court held that A theater did not proximately cause injuries that a patron suffered from a fall from a stairs by suddenly turning the lights off before a performance. The strips of lights on the stairs were functioning, the patron of the theater should have expected that the lights in the theater would be turned off before the show began, common law authority did not prescribe a procedure of flashing or dimming lights before going off, and preventing house lights from being turned off until everyone was seated would have amounted to a prescription of conduct exceeding a duty of reasonable care.

Long Island Personal Injury Trial Lawyers: Motorcycle accident

2011-03-30T10:20:00.001-04:00

Long Island Personal Injury Trial Lawyers: Motorcycle accident

Motorcycle accident

2011-03-30T10:20:00.000-04:00

A motorcyclist from Farmingdale died on March 29, 2011 when his motorcycle collided with a car in Hicksville. According to the police, the man was taken by ambulance to Nassau University Medical Center in East Meadow, where he was pronounced dead. The man was operating a 2010 Harley-Davidson motorcycle east on Duffy Avenue at 3:16 p.m. when he crashed into the side of a northbound Honda that was making a left turn onto Duffy from West Nicholai Street.

Plowing Snow on Parking Lot

2011-02-28T21:46:00.000-05:00

In the past, several cases have dealt with a frequently met requirement regarding the liability of a municipality in an area where a defect is present. The law says that a written notice of the defect must be given to the municipality before the liability of an injury from the defect can be imposed.

An exception to this law was recognized by the Court of Appeals in several cases. A recent case cited this exception stating that if the municipality created the defect through negligence, then they are not protected from liability.

The Court says that these statutes were never meant to exempt a municipality of liability where negligence is present. Piling the snow instead of removing it was a “cost-saving pragmatic solution,” but presented a “foreseeable, indeed known, risk of melting and refreezing.”

In the dissenting opinion, it says that prior written notice requirements are ‘a valid exercise of legislative authority.’ These notices are supposed to prevent negligence, and therefore injury. The dissent claims the written notice requirement did apply, and the case should have been dismissed.

Will My Case Go to Trial?

2011-02-02T06:39:00.002-05:00

After being retained by people injured in car accidents, one of the first questions we often receive is, “will my case go to trial?” More often than not the answer is “maybe.” However, what we do inform clients, is that our firm prepares all cases as if they will go to trial. In our experience we have found that this is the best way to maximize the value of a case when negotiating with the insurance company. It is our belief that if the insurance company recognizes that you are prepared to litigate a case, they will treat your case more seriously and ultimately value you it higher.

There are three main factors that help determine if your case will go to trial. Those factors are as follows:

Liability: The first aspect of your case to be examined is the circumstances of the accident, and more specifically, who’s fault was the accident. If you were completely at fault for the happening of the accident, you have no case. But, if the other driver or drivers were completely at fault, or you were only partially at fault, you may have a case. A typical car accident case involves a rear-end collision. If you were involved in a rear-end collision case, and you were the front car (i.e. the car hit from behind), you have a great liability case. If someone makes a left turn in front of you causing an accident, you have a great liability case. In sum, if the other driver(s) violate a specific part of the the Traffic law (ex. red light, stop sign) your chances of succeeding on a personal injury claim are vastly improved.

Damages: New York State Law requires that in order for you to be successful on your automobile personal injury lawsuit, your injuries must meet a certain minimal threshold. If the Court determines that your injuries do not meet the threshold, your lawsuit is subject to dismissal. Yet, if your injuries meet the threshold, your likelihood of having a successful case vastly improves. Under the law, there are nine categories of threshold injuries. Examples of threshold categories are fractures, or significant disfigurement. The trickier cases involve so called “soft tissue” injuries. A “soft tissue” injury can be a disc herniation in your back, or a shoulder tear. The severity of this type of injury will determine the value of the injury. The best way to determine if your injury is significant is to examine the objective proof of the injury (i.e. x-ray or MRI) and couple that with the impact on your life, such as missed work. If you have an injury that was confirmed by X-ray or MRI and you missed a significant period of time from work, your chances of succeeding on your case greatly improve.

Insurance: The last piece to the puzzle is the amount of insurance available. Initially a claim will be made against the insurance company of the other driver. Hopefully, the other driver maintained more insurance that the New York State minimum of $25,000.00. If the other driver had a minimal policy, the chances of your case going to trial are dramatically reduced. The more insurance available, the more likely that your case will be tried. If the other driver was uninsured or underinsured, you can also make a claim against your own insurance company. This topic will be the subject of another article.

In conclusion, think of your car accident case in three parts: liability, damages and insurance. If one part is missing or reduced, the chances of your case going to trial are diminished.

Lack of Supervision

2011-01-28T08:15:00.000-05:00

Recently the New York City Board of Education was sued when a student was injured in a fight with another student. The injured student claimed that the Board of Education failed to supervise the student who instigated the assault. However, in Espino v. New York City Bd. of Education, the city's board of education established its prima facie entitlement to judgment as a matter of law in a personal injury action brought by a 17-year- old student who was injured during a fight in a school hallway. The summary judgment evidence demonstrated that the supervision provided for students of the plaintiff's age was sufficient, that the attack on the plaintiff was sudden and spontaneous and could not have been prevented by more supervision, and that the board had no prior notice of problems between the plaintiff and his assailants.

Labor law-scaffold cases

2011-01-28T08:08:00.000-05:00

One of the most complex and confusing areas of the labor law concerns scaffold cases. Generally speaking a worker injured during a height related accident can bring a claim for negligence. Of course there are many obstacles that must first be overcome. A recent case in the Appellate Division took a look at some of these issue. In Leconte v. 80 East End Owners Corp, a building's owner and managing agent violated the scaffold law, and thus were liable for the injuries of a worker who fell while installing a security system in the building, regardless of whether the worker used one of the building's ladders and fell when a part of the ladder went through a gap in a stairway landing or did not use one of the building's ladders and instead fell from the stairway's railing. Under the latter version of events, the worker's alleged conduct was not the sole proximate cause of the accident, since he was not offered the use of the building's ladders to perform his work and did not know that he could, but chose not to, use the building's ladders. Under the former version of facts, moreover, the worker's allegedly negligent conduct in placing the ladder in a manner that allowed a part of it to go through a gap in the landing was not the sole proximate cause of his injuries.

Slip and Fall-black ice

2010-12-23T06:57:00.000-05:00

The Court of Appeals has recognized a possible exception to the prior written notice statute required for bring a personal injury action against the government. In San Marco v. Village/Town of Mount Kisco , the Court found that there was an issue as to whether village created black ice condition upon which plaintiff slipped and fell precluded summary judgment.
The Court of Appeals has held that the "immediacy" test for determining whether the "affirmative creation" exception to the prior written notice statute excused written notification in cases involving hazards caused by a pothole or manhole cover did not extend to cases involving hazards related to negligent snow removal. As such, a village could be liable for a negligent ice condition without receiving prior written notice, if it created the defect or hazard through an affirmative act of negligence. However, a fact issue as to whether the village created the black ice condition upon which the plaintiff slipped and fell precluded summary judgment in the plaintiff's personal injury action against the village.

Hit and run drivers

2010-12-17T06:50:00.000-05:00

Recently, the Suffolk County Police Fifth Squad detectives investigated a hit-and-run crash that seriously injured a pedestrian. Police responded to a 911 call from a passing motorist reporting that a pedestrian was lying on the ground on North Ocean Avenue near Vehslage Street in Patchogue on December 11 at 6:07 p.m. When police arrived, they determined that a man had been struck by an unidentified vehicle that fled in an unknown direction. The injured man was transported to Brookhaven Memorial Hospital Medical Center in East Patchogue and was listed in critical condition.

Slip and Fall on Ice-great decision

2010-12-17T06:44:00.000-05:00

New York State's highest court has recently decided a case that will be very favorable to plaintiff's injured after slipping on "black ice." In the case, San Marco v. Village/Town of Mount Kisco, a woman who was seriously injured when she slipped on "black ice" in a municipal parking lot was not required to show the municipality had received prior written notice of the hazard for her suit against it to proceed. The lack of prior written notice is often the reason for dismissal of cases such as Ms. San Marco's.
In her case, Ms. San Marco claimed the village created the hazardous condition when its piled up snow that then melted and re-froze over several days. In denying the village's motion for summary judgment, the Court's majority said the municipality's alleged negligence distinguished the case from other prior-notification issues.
"A jury must decide whether San Marco fell on ice created by the Village's snow clearance operation," Chief Judge Jonathan Lippman wrote for the majority. "And relatedly, there are factual issues concerning whether the Village exercised its duty of care to maintain the parking lot in a reasonably safe condition by plowing snow high alongside active parking spaces, and in failing to salt or sand the lot on weekends, despite the fact that it remained open seven days a week."

Gap in treatment

2010-12-08T05:46:00.000-05:00

When deciding if a plaintiff's personal injury claim meets the threshold required by law, the Courts will often look to see if the person treated continuously. Unexplained gaps in treatment have led to the dismissal of many claims. Recently, the Court addressed the issue of "gap in treatment" in Abdelaziz v Fazel, 2010 NY Slip Op 08877. There the Court held that the plaintiff's affidavit explained the gap in his treatment. In the statement, the plaintiff explained that he stopped treatment after his no-fault benefits were terminated and he could not afford to personally pay for further treatment (see Black v Robinson, 305 AD2d 438, 439-440; see also Domanas v Delgado Travel Agency, Inc., 56 AD3d 717, 718; Jules v Barbecho, 55 AD3d 548, 549).

Assumption of the risk

2010-12-04T06:01:00.000-05:00

It is often to prove negligence in cases where a plaintiff engages in potential dangerous activity such as sporting events, horseback riding, sky-diving and similar events. The Courts have consistently held that most times a plaintiff assumes the risk that he/she may be injured by engaging in such activity. This issue was recently addressed by the appellate courts in Stanislav v. Papp. There the Court held that the defendant did not owe plaintiff a duty to ensure that the horseback riding experience on their date was safe. The plaintiff had experience riding horses and was aware that the risks of falling from a horse or a horse acting in an unintended manner were inherent in the sport.

Police Shooting, Johnson v. City of New York

2010-11-30T07:48:00.000-05:00

The Court of Appeals recently held that police officers and city were immune from liability for accidental shooting of bystanders during shootout with armed robbery suspect.The Court held that the fact that police officers who were in pursuit of an armed robbery suspect who had opened fire on them on a public street did not observe two bystanders hiding on the ground behind a sport utility vehicle at the time they exercised their judgment in returning fire did not raise an issue as to whether the officers unnecessarily endangered innocent persons. As such, the officers and the city were immune from liability for the accidental shooting of the bystanders during the exchange of gunfire between the officers and the robbery suspect. The Court reasoned as such given that the officers had a clear view of the suspect when they returned fire, that the officers did not see any bystanders in the area while firing on the suspect, and that the bystanders were not in the line of fire during the shootout.

Day Care Workers sentenced

2010-11-21T19:58:00.002-05:00

Judge James McCormack sentenced the owner of Carousel Day School to probation for his role in the death of a toddler at his school. In March 2009, the toddler was given a raw carrot by a Carousel staff member. The child began to choke and efforts to revive her were unsuccessful. Carousel, it's owner, Gene Formica, and it's manager, Kathy Cordaro, were all charged with their involvement with the child's death. The criminal case has now concluded. The attorneys at Foley Griffin Jacobson & Faria, are handling a civil claim arising out of this tragedy.

Serious injury threshold

2010-10-26T07:18:00.000-04:00

One of the most common issues that we confront as personal injury attorneys is the question as to whether our client's injuries meet the minimum threshold required to bring a successful lawsuit in New York State. (Insurance Law § 5102(d)). The Courts often grapple with the question as to what is a serious physical injury. It is commonplace for defendants to move to dismiss plaintiff's claims based upon the theory that the plaintiff's injuries are inadequate as a matter of law. However, the Courts will look to the medical report of the defendant's doctor before deciding whether or not the defendant has met his/her burden establishing the lack of serious injury. Recently the Second Department held that based upon the defendant's doctor's report, the motion to dismiss should have been denied by the trial court. In this case, Britt v Bustamante, the defendants relied, inter alia, on the affirmed medical report of an orthopedist who examined the plaintiff more than three years after the accident, and noted significant range-of-motion limitations in the plaintiff's cervical spine. In view of the orthopedist's findings, the defendants failed to establish their prima facie entitlement to judgment as a matter of law

Car accident-Sunrise Highway

2010-10-19T12:28:00.000-04:00

Suffolk County police announced that one person has been airlifted to Stony Brook University Medical Center following a three-car on October 19, 2010 near the West Babylon-North Lindenhurst border. The crash occurred at 7:43 a.m. and closed down westbound Sunrise Highway at Exit 37, Route 109, police said.

Day care liability

2010-10-07T09:45:00.000-04:00

Nassau County District Attorney Kathleen Rice announced that the owner, the former assistant director, and corporation that operates the Hicksville child daycare facility, Carousel Day School, where a two-year-old died in March 2009 after choking on a carrot have pleaded guilty to criminal charges. In addition to agreeing to State licensing requirements, sweeping safety improvements and more stringent oversight by the New York State Office of Child and Family Services (OCFS), the owner and former director of the school pleaded guilty to Reckless Endangerment in the Second Degree. As part of the plea agreement, the center must remain licensed and subject to the requirements of OCFS, including the fact that neither of the defendants is permitted to resume their former positions at the school. The civil claim in connection with the death of the child is being handled by attorney Thomas J. Foley of Foley Griffin Jacobson & Faria, LLP.

Notice of Claim

2010-10-06T07:01:00.000-04:00

In order to bring a negligence claim against the government, it is necessary to notify the government of the claim within 90 days of the event that causes rises to the claim. This notification is known as a "notice of claim." The specific requirements for the notice of claim are set forth in the law. There are circumstances where a person may not know about the claim within 90 days of the event. The Courts will sometimes makes exceptions for those people and allow them to file a late notice of claim. The recent case of Dixon v City of New York illustrated one of those rare occasions where the Court permitted the plaintiffs to file a late notice of claim. In Dixon, the plaintiffs made a claim against the New York City Medical Examiner in connection with the M.E.'s handling of the autopsy of their son. The Dixons did not become aware of the M.E.'s claimed negligence until they received the autopsy report, likely more than 90 days after the M.E.'s negligence. The Court, however, allowed the Dixons to file a late notice of claim, holding that their claim became ripe at the time the plaintiffs became aware of the defendants' actions and suffered mental anguish as a result, not at the time of the autopsy.

Carousel Day School

2010-10-05T07:44:00.000-04:00

On October 4, criminal defendants Eugene Formica, the owner of Carousel Day School in Hicksville, and Kathryn Cordaro, its manager, both pleaded guilty to misdemeanor charges for running an unlicensed child care center. These defendants were charged following the death of a toddler in their day care program. According to the information gathered, the defendants lacked the proper license to run the day care center. As a result, the school was not properly regulated leading to dangerous conditions and practices existing at the school. The civil claim against Carousel is being handled by Foley Griffin Jacobson & Faria partner, Thomas J. Foley, Esq.

Serious personal injury

2010-10-05T07:36:00.000-04:00

In order to be successful on an automobile "personal injury" claim, a plaintiff must prove that her injuries met the personal injury "threshold." What injuries meet the threshold is a topic often discusses by the Courts. Recently the Court in Ballard v. Cuneen, 2010 NY Slip Op 06771, found that the defendant's failed to allege sufficient information establishing that the plaintiff's injuries did not meet the threshold. In particular the Court held that the defendant's own doctor found that the plaintiff had limited range of motion in her spine. Additionally, the Court held that the defendant's never addressed plaintiff's claim that that she sustained a medically-determined injury or impairment of a nonpermanent nature which prevented her from performing substantially all of the material acts which constituted her usual and customary daily activities for not less than 90 days during the 180 days immediately following the accident.

Slip and fall

2010-10-02T08:18:00.002-04:00

For attorneys to to bring a successful "slip and fall" lawsuit," it is necessary to prove that the property owner knew of the dangerous condition before the fall or the owner created the condition. Without proving knowledge or creation of the condition, the case will not succeed. A recent case in the second department demonstrated this. In Arzu v. County of Nassau the plaintiff allegedly sustained personal injuries when he slipped and fell on water on the bathroom floor of the defendants' facility. The defendants established their entitlement to judgment as a matter of law by demonstrating that they did not create the alleged hazardous condition or have actual or constructive notice of it (see Otey v City of New York, 42 AD3d 515; Gallais-Pradal v YWCA of Brooklyn, 33 AD3d 660; Perlongo v Park City 3 & 4 Apts., Inc., 31 AD3d 409; Lowe v Olympia & York Cos. [USA], 238 AD2d 317). In opposition, the plaintiff failed to raise a triable issue of fact (see Alvarez v Prospect Hosp., 68 NY2d 320). Contrary to the plaintiff's contention, there was insufficient evidence to raise a triable issue of fact as to whether the defendants had actual notice of a recurring hazardous condition which proximately caused him to fall (see Gallais-Pradal v YWCA of Brooklyn, 33 AD3d 660; Perlongo v Park City 3 & 4 Apts., Inc., 31 AD3d 409). Accordingly, the Supreme Court properly granted the defendants' motion for summary judgment dismissing the complaint.

Notice of Claim

2010-09-30T07:52:00.002-04:00

In order to bring a negligence claim against the government, it is necessary to file a notice of claim within a short period after the event that gives rise to the claim. The courts are very strict in interpreting the time period. Recently the Second Department in Werner v. Nyack Union Free School Dist.,(N.Y.A.D. 2 Dept.)held that the request by parents of a minor to file a notice of claim after an 8 month delay was not warranted. The parent's delay of more than 8 months following expiration of the 90-day period after her negligence claim against a school district arose from the student's injuries allegedly sustained by slipping on spilled water on the gymnasium floor. The Court found that this did not warrant leave to serve late notice of the claim. The parent's excuses for the delay were not reasonable. The student incident report and medical claim form prepared by school officials after the accident did not provide the district with actual knowledge of the essential facts of the claim. The district would be substantially prejudiced in its defense upon a grant of leave to serve late notice.

Construction accident

2010-09-29T17:48:00.002-04:00

In a recent New York State case in the Second Department, the Court found that there was a tripping hazard caused by mislaid contractors' crowbar. The actions of the defendants constituted premises condition. The crowbar was left on the floor of an office doorway by painters who had ceased their work and were no longer using their tools for that day. The Court found that these actions constituted a "premises condition," triggering the "actual or constructive notice" standard. The crowbar was a mere consequence of the painters' work after a day's work had been completed.

Post accident changes often inadmissible

2010-08-31T07:23:00.002-04:00

Many times after a person has been injured due to negligence, changes may occur as a result of the negligence. For instance a property owner can make changes that make his or her property safer. The law wants to encourage this type of behavior. Therefore, in most cases evidence of changes after an accident (also known as "subsequent remedial measures" is inadmissible. A recent case highlighted this rationale. In Alfieri v. Carmelite Nursing Home, Inc. ,(N.Y.City Civ.Ct.)
Litigation - Evidence of subsequent remedial training is inadmissible to show employee's negligence or employer's negligent control.
Evidence of the subsequent remedial training of an employee is inadmissible to show the employee's negligence or the employer's negligent control over the employee, a New York trial court has ruled as a matter of apparent first impression under state law. Consequently, the court ruled, evidence of any post-accident training received by a nursing home employee would be inadmissible to show the nursing home's negligence at the time of an accident in which a 90-year-old resident fell and sustained a hip fracture. Thus, pursuant to the rule that evidence that is inadmissible at trial is also undiscoverable pre-trial, evidence of the employee's post-accident training was undiscoverable in the personal injury action arising from the resident's fall.

Parents responsible for their kids?

2010-04-27T20:59:00.002-04:00

What happens if your child intentionally injures someone? Are you responsible civilly for your child's actions? The answer is sometimes. Most often parents are not held responsible for their child's criminal, reckless or negligent behavior. As with any general rule, there are however, exceptions. For instance if your child negligently injures another child with a BB gun given to the child by you,the parent, you can be held liable under the theory of negligent entrustment. Additionally if your child commits an intentional assault, you could be held liable if your child had "prior vicious propensities" and you did nothing about it. The good news for parents is that but for very limited circumstances, you will most often not be responsible for your child's negligent and/or criminal actions.

Sidewalk trip and fall cases

2010-04-21T11:03:00.002-04:00

We are often consulted by clients regarding pursuing a claim in connection with a trip and fall on a sidewalk. People commonly wish to purse these claims because significant injuries are generally involved and insurance companies do not offer an appropriate sum of money to settle. The first step in evaluating the claim is to examine the defect that caused the fall. The Courts have repeatedly found that small (a.k.a diminimis) defects are not enough of a hazard to warrant a successful claim. Therefore the defect must be large enough to clear that initial hurdle. The second step would be to examine the local laws regarding sidewalk defects. If the sidewalk is owned by a municipality (and most are) the municipality must receive "prior written notice" of the defect in order to be successful in a claim against the municipality. Since this rarely exists, the final step is to determine if there are any local laws wherein the municipality transfers liability for the care and upkeep of the sidewalk to the adjacent property owner. Assuming there is a transfer of responsibility and liability, a successful claim against the property owner is possible.

Trip and Fall accidents

2010-02-26T13:32:00.003-05:00

We often receive calls from clients who have been injured in a trip and fall accident on a sidewalk. For a variety of reasons, these cases can be tough. Like most cases where an injury occurs on someone's property, notice of the defect to the owner of the property is a central issue. Also, the size of the defect is an issue. Recently our Second Department appeals court dismissed a sidewalk trip and fall case against the Town of Riverhead finding that the defect was "trivial." The court took into account the appearance of the subject walkway, the extent of the height differential between the walkway and the adjacent unpaved ground, and the time, place, and circumstances of the accident. In the Riverhead case, the Court held that the defendant established its entitlement to judgment as a matter of law by demonstrating that the alleged defect did not, by reason of its location, the weather conditions, or other relevant circumstances, have any of the characteristics of a trap or snare, and was trivial as a matter of law and therefore not actionable prove liability, that is responsibility for the happening of the accident.

Gunshot Victim

2009-09-28T11:07:00.007-04:00

In Kelly v. Norgate Business Associates, a case that originated in the Bronx Supreme Court and went up on appeal, a gunshot victim was able to proceed to a jury trial in his action to recover damages against the building owner and its security company after he was shot in an apartment building lobby. The victim was visiting a friend in the building. When he entered he found the locks broken and the security guard never asked him to sign in. There was a group of 10 to 12 men in the lobby near the guard. When the victim left the the building, a fight broke out and the victim was shot, while the guard did nothing but call police only after shots were fired. The Appellate Division ruled that the victim may recover as a third-party intended beneficiary of the security contract between the building owner and the security company where there was evidence that security officers were to safeguard lives and not just property. It also noted the building owner may also be found liable as a jury may find the assailant was an intruder who entered and exited the building through the broken doors. www.foleygriffin.com

Accident reconstruction expert

2009-08-30T18:38:00.002-04:00

It is not uncommon for our attorneys to retain the services of an accident reconstruction expert in car accident personal injury cases. Recently were retained by the family of a woman seriously injured in a car crash. Unfortunately the client had no recollection of the accident. We immediately realized that this posed a significant obstacle in proving negligence on the part of other driver. We contacted and retained an expert who was able to determine that the other driver was speeding and thus our client had a valid case. We were only able to succeed on this matter because we were retained immediately after the accident and were therefore able to conduct a thorough and complete investigation.

Assault victims

2009-08-03T08:24:00.002-04:00

Recently we have been retained by clients who have been the victims of assaults. Ordinarily these are difficult cases to prosecute. There are two main issues in an assault case, liability (who was at fault) and damages. If the client was truly victimized by an attacker, proving the defendant's liability may not be too difficult. However, although the client may have suffered serious injuries in the assault, the question remains as to how the defendant will be able to pay any judgment obtained against him. The problem with these cases usually centers around the defendant's lack of money to pay a judgment against him. After looking into the defendant's finances, we will be in a better position to decide if it is worth the effort to pursue a claim against him.

Government claims-Statutes of Limitations

2009-06-26T07:36:00.004-04:00

In personal injury law there are "statutes of limitation" that govern the time frame when a claim must be started. An ordinary negligence claim usually must be commenced within three years of the accident. Of course there are exceptions to the three year time limit. One very import exception involves claims against the government. If a person is injured due to the negligence of a government worker/agency, etc., the government is entitled to receive a "Notice of Claim" within 90 days of the occurrence. This provides the government with the added benefit of being able to quickly investigate the validity of a claim. Therefore it is very important to seek legal advise immediately after a claim arises. This will allow the attorney to investigate whether or not the government was in any way responsible for the accident and thus entitled to a "Notice of Claim."

Car Accident-Police Reckless Conduct

2009-05-15T09:14:00.002-04:00

On occasion, a police or emergency vehicle is involved in a car accident while responding to a police, fire or medical crisis. These cases are different than the ordinary car crash involving non-police vehicles. In particular, the standard of proof necessary to prove a case against a police officer is greater than that of an ordinary motorist. Police are given what is known as a "qualified privilege" meaning they can only be sued if their conduct rises to the level of "reckless disregard" of the safety of others. This is harder to prove than the standard of negligence required in an ordinary car accident. Recently a police officer was found responsible for an accident when it was determined that his conduct in stopping short on the L.I.E. contributed to the happening of an accident. The case, known as Tutrani v. County of Suffolk, was recently decided in the Appellate Division, Second Department of our State.

Dram Shop cases

2009-03-25T20:51:00.002-04:00

In New York State there exists a social host law. Some people may call this a "dram shop" case. Under certain circumstances it is possible to bring a claim against a host (bar, restaurant, homeowner) if the host serves alcohol to someone visibly intoxicated and that intoxicated person injures a third party. These cases are very fact specific and a thorough investigation is required at the outset.

Worker's Compensation

2009-03-12T10:09:00.004-04:00

The general rule in New York State is that an employee cannot sue his/her employer for injuries sustained on the job. The reason for this is that our state legislature has set up a mechanism for an injured worker to obtain compensation for injuries under the Worker's Compensation law. Thus, since the injured worker can recover under the Comp law, he/she is barred from suing the employer directly. However, any case involving an injured worker should be closely examined by an attorney to determine if a "third party" non-employer may be responsible for the worker's injuries. Under those circumstances it is entirely possible to bring a lawsuit against the non-employer for their negligence in causing the worker's injuries. This includes construction accidents, work site accidents, and as well as motor vehicle accidents.

Injured illegal immigrant can sue

2009-02-27T09:34:00.001-05:00

Recently a local court upheld the right of an illegal immigrant to sue following a construction accident. In the Manhattan case, a Judge ruled that the plaintiff's case should not be dismissed even though the plaintiff was an illegal immigrant. The Court found that the plaintiff's illegal status was "irrelevant." The Court's ruling was clearly a victory for immigrant's rights. The Court found that the defendant employer of illegal immigrants cannot receive the benefits of paying illegal immigrants lower wages and then use the immigrant's illegal status against them when faced with a lawsuit. The Judge found that it was wrong for the firms to hold deportation over the heads of immigrant workers injured on the job