2009 January | www.newyorkinjuries.com

Allstate Runs Ad Touting a New Year’s Resolution That Can Keep You From Losing Your Teenager

January 29, 2009

A print advertisement placed by Allstate in newspapers takes information from The Allstate Foundation Report on Teen Driving, 2005, and puts it in a form called “Parent-Teen Driving Contract”. The contract lists several topics with corresponding statistics from the Report. For each topic, there is a blank space for “Agreement” to be filled in, and another blank space for “Consequences” to be filled in. At the bottom of the contract is a space for the Teen Driver’s signature, and another for the Parent/Guardian signature. An interactive contract can be downloaded from the Internet. (more…)

Posted under: Health & Science, Motor vehicle accidents | Comments (0)

Boxer Knocks Out State’s “Special Relationship” Defense In His Negligence Claim Against New York State Athletic Commission

January 27, 2009

“In the clearing stands a boxer, and a fighter by his trade” – Paul Simon, 1968.

In Gamache v. State Of New York, 106968, decided 11/26/08, Joey Gamache, a professional boxer, alleged that the State Athletic Commission (”Athletic Commission”) improperly conducted the weigh-in for a professional boxing match which permitted his opponent to be 19 pounds more than the agreed upon maximum, and then allowed the match to occur while his opponent wore 8 ounce boxing gloves instead of the proper 10 ounce gloves, resulting in permanent injury. In what the decision states is a case of first impression, Court of Claims Judge Melvin L. Schweitzer held that based upon New York’s statutory and regulatory scheme governing boxing, the New York State Athletic Commission owes a duty of care directly to licensed boxers under its jurisdiction and control to ensure compliance with statutory and regulatory mandates. (more…)

Posted under: Civil Practice, Personal Injury, Sports Safety Comments Off

First Amendment Protects Attorney Who in Good Faith Advises Client Even If The Advice Is Later Determined To Be Incorrect: A Most Eloquent and Impassioned Defense of The Constitutional Right to Advice of Counsel

January 24, 2009

It may be hard to find a more eloquent and impassioned defense of the constitutional right of an attorney to give, and a client to receive, advice of counsel than in the decision in Vinluan v. Doyle, 60 A.D.3d 237, 873 N.Y.S.2d 72 (Appellate Division, 2nd Department, January 13, 2009). The matter granted a petition for Article 78 review brought on by a group of ten nurses and their attorney to prohibit the Suffolk County district attorney from prosecuting, and Supreme Court justice from presiding over, a criminal case against the nurses, who were indicted for the misdemeanor offenses of conspiracy in the sixth degree, endangering the welfare of a child, and endangering the welfare of a physically-disabled person. The prosecution came in the aftermath of their simultaneous resignations from positions at a Long Island nursing home. The attorney who provided these nurses with legal advice was also indicted for allegedly advising them to commit a crime. (more…)

Posted under: Civil Practice, Employment Law, Nursing Home Neglect/Abuse Comments Off