Appellate Division Dismisses Complaint

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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]).