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Personal Injury Attorneys - Manhattan, Brooklyn, Queens, Long Island and the Bronx

Court of Appeals Reverses: No Liability Where Violation of Leash Law Without Pet Owner's Prior Notice of Pet's Vicious Propensity

Posted On Aug 8, 2009 @ 02:40 AM by SEO Admin

Last year we wrote a blog about the case of Petrone v. Fernandez, 53 A.D.3d 221, 862 N.Y.S.2d 522 (2009), an Appellate Division, Second Department decision that held that liability can be imposed when the leash law violation is coupled with affirmative canine behavior such as a dog bite, or an attack upon the plaintiff, or where there is a history of prior violations, even in the absence of a showing that the dog owner or possessor had or should have had knowledge prior to the attack of the dogs vicious propensities. The Second Department was apparently not completely sure of itself and the Appellate Division asked the Court of Appeals if this portion of its order was properly made. The Court of Appeals concluded that it was not. 12 N.Y.3d 546, --- N.E.2d ----, 2009 WL 1585848, N.Y. Slip Op. 04694 (2009). The court held that the liability of the owner of a domest

How Distracting is a Cell Phone Really to a Driver? Naturalistic Driving Studies and Driving Simulator Tests Don't Agree

Posted On Aug 4, 2009 @ 02:51 AM by SEO Admin

Naturalistic driving studies that record drivers (through continuous video and kinematic sensors in participants personal vehicles) in actual driving situationsare a scientific method to study driver behavior in real-world driving conditions in the presence of real-world daily pressures. In contrast, a driving simulator is not actual driving - driving simulators engage participants in tracking tasks in a laboratory. Virginia Tech Transportation Institute (VTTI) conducted several large-scale, naturalistic driving studies that continuously observed drivers for more than 6 million miles of driving. While the VTTI study confirmed the tremendous driver distraction associated with text messaging, the results showed much less driver distraction from speaking and listening than driving simulator tests. The following table summarizes the VTTI results: CELL PHONE TASK RISK OF CRASH OR NEAR CRASH EVENT

Brain-Computer Interface Research Used for Speech Prosthesis to Assist Locked-In Motor Vehicle Accident Victim

Posted On Jul 13, 2009 @ 12:49 PM by Ira Slavit

Around midnight on November 5, 1999, Erik Ramsey was a passenger in a friends Camaro that was in an accident with another vehicle and flipped and landed on an embankment. His injuries were devastating - a collapsed lung, a lacerated spleen, a ruptured diaphragm, ripped tendons in his hand, and a femur that was broken in two places. More so, a blood clot had caused a brain-stem stroke that cut the connection between his mind and his body, a condition known to neurologists as locked-in syndrome. He can still see, smell, and hear, his body could still register the itch of a rash or the pleasure of a warm breeze. But he cannot speak or make any voluntary movements other than with his eyes. Help, though, is on the way, as reported in a fascinating article by Chris Berdik that was published in the Spring 2009 issue of

Is Nothing Sacred Anymore? FDA Warns Bar-B-Q and Dessert Lovers to Guard Against E. coli

Posted On Jul 7, 2009 @ 12:37 PM by SEO Admin

On June 19, 2009, the U.S. Food and Drug Administration (FDA) and the U.S. Centers for Disease Control and Prevention warned consumers not to eat any varieties of prepackaged Nestl Toll House refrigerated cookie dough due to the risk of contamination with E. coli O157:H7. As of June 25, the CDC reported that 69 persons from 29 states have been infected with the outbreak strain. Thirty-four persons have been hospitalized, nine with a severe complication called hemolytic uremic syndrome. No one has died. On June 25, 2009, the FDA found E. coli O157:H7 (a bacterium that can cause serious food borne illness) at Nestls facility in Danville, Va. in a sample of prepackaged Nestl Toll House refrigerated cookie dough currently under recall by the manufacturer and marketer, Nestl USA. The FDA is warning anyone who has any Nestl cookie dough product in his or her home freezer, refrigerator or elsewhere should throw out the product immediately. Individuals should

New LIRR Public Awareness Campaign Aimed At Golf Fans Headed to U.S. Open

Posted On Jun 14, 2009 @ 02:24 PM by SEO Admin

The U.S. Open golf tournament is scheduled to be played on the Black Course at Bethpage State Park on June 15-21, 2009. The LIRR is posting ads at stations and in newspapers, making extra announcements and distributing fliers telling riders to watch the gap between train doors and the station platform. Although New Yorkers can hear the announcements to watch the gap in their sleep, the LIRR is concerned that the many out-of-towners who come to attend the golf tournament will not be aware of the problem. Newsday has reported that an investigation by the newspaper found that there were more than 800 gap accidents from 1995 to early 2007. Fliers will be distributed at Penn, Farmingdale, Mineola and Hicksville stations. Extra trains are being provided to the LIRRs Farmingdale Station (where no parking is available). The LIRR transported more than 165,000 people to and from the last Open at Bethpage in 2002. The dangers posed by the gaps first gained attention aft

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Bill Seeks to Improve Safety By Requiring Safety Device on New York City Housing Authority Elevators

Posted On Jun 8, 2009 @ 01:06 PM by SEO Admin

Identical bills have been introduced in the New York State Senate (S04603) and Assembly (A8154) that would require the New York City Housing Authority (NYCHA) to place door or zone restrictors on its nearly 3,340 elevators. The devices prevent people trapped inside stalled elevators from opening the cab doors by locking the cab door when an elevator is not aligned with a floor landing. The devices operate even when an elevator loses power because they do not rely on electricity. The bills come on the heels of a class action lawsuit filed in the United States Court for the Eastern District of New York on April 21, 2009 to force the New York City Housing Authority to repair and maintain its more than 3,300 elevators. The proposed law: 1. mandates the installation of door zone restrictors in elevators within buildings owned by NYCHA;

Dont Drink and Ride (a Bicycle), And Make Sure To Wear a Helmet

Posted On May 19, 2009 @ 02:19 PM by SEO Admin

21 percent of autopsies of New York City bicyclists who died within three hours of their accidents detected alcohol in the body, according to a Department of Health and Mental Hygiene study that examined fatal bicycling accidents in New York City from 1996 to 2005, as reported in The New York Times. 176 out of 225 bicyclists who died in fatal accidents during the 10-year time period were tested for alcohol. Because alcohol is metabolized with time, only 84 of those cases the bicyclist had died within three hours of the crash were considered to have valid tests. 18 of those (21%) showed signs of alcohol. On the drivers side of the equation, alcohol was detected in 6 percent of the drivers involved in bicycle crashes. Wearing a helmet can be a life saver. Head injuries contributed to three-quarters of bicycle deaths. Yet only 3 percent of the bicyclists who died were w

Enough is Enough: Federal Suit Demands New York City Housing Authority Fix Its Elevators

Posted On May 7, 2009 @ 02:28 PM by SEO Admin

A lawsuit was filed in the United States Court for the Eastern District of New York on April 21, 2009 to force the New York City Housing Authority to repair and maintain its more than 3,300 elevators. The lawsuit cites numerous occasions when NYCHA buildings are completely without elevator service. The lawsuit also describes instances when these buildings have only one working elevator, leaving residents waiting in long lines to use the functioning car. Other frequent malfunctions cited include elevator doors without sensors, elevators which fail to stop at particular floors, or which stop above or below floor level, making entrance or exit difficult for residents who use wheelchairs or walkers. The lawsuit also alleges that residents often must wait hours or days for NYCHA to make repairs, and that the elevators typically break almost immediately after having been repaired. Attorneys working

Police Assertion of Qualified Immunity Insufficient to Gain Dismissal of Civil Rights Claim For Death Resulting from Use of Excessive Force

Posted On Apr 27, 2009 @ 05:21 PM by SEO Admin

Plaintiff Leroy Rasanen, in Rasanen v. Brown, --- F.Supp.2d ----, 2009 WL 766205 (E.D.N.Y.,2009.) (decided March 25, 2009) brought this civil rights action pursuant to 42 U.S.C.1983 ("Section 1983"), alleging that New York State Troopers used excessive force in fatally shooting his son John Rasanen ("Rasanen") during a search of Rasanen's home. The plaintiff alleged that the shooting constituted excessive force in violation of the Fourth Amendment and that the Defendants were negligent in failing to conduct the search and deal with Rasanen's shooting "in accordance with professional norms and standards." The defendants moved for summary judgment dismissing the complaint on the ground that Brown's use of deadly force in response to the perceived threat posed by Rasanen was objectively reasonable and that they are therefore entitled to qualified immunity. According to the decision of Judge Arthur D. Spatt, in December of 2000

Whopping Damage Award Against Private Prison Company for Inmates Death Affirmed by an Angry Court

Posted On Apr 17, 2009 @ 10:50 PM by SEO Admin

By August of 1997 Texas had about 5,500 prisoners from other states housed in 22 facilities, generating revenues of more than $1,000,000 for private prison corporations. With such a strong profit motive, is it any wonder that cost-cutting measures such as hiring unqualified prison guards and failing to provide necessary medical care will be undertaken that will lead to problems? In a searing opinion, the 13th Court of Appeals has upheld $42.5 million in punitive damages against a private prison GEO Group Inc., formerly named Wackenhut, a multinational corrections corporation for the horrific and gruesome death of inmate Gregorio De La Rosa Jr. in 2001. The award is among the largest punitive damages ordered against a private prison company. De La Rosa was beaten to death by two other inmates using padlocks stuffed in socks at a 1,000-bed facility in Raymondville while guards and supervisors looked on, according to trial testimony three years ago. When De La Rosa, an honorably dis

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