Worker Who Did Not Personally Handle Asbestos Products Can Nonetheless Pursue Mesothelioma Claim

A man who worked as a cashier at a diner housed in a trailer on property owned by The Long Island Rail Road (“LIRR”) in the 1970s can proceed with his claim against the LIRR that he got mesothelioma from being exposed to asbestos that railroad workers brought into the eatery on their clothes, even though he did not personally work with asbestos. The LIRR’s motion for summary judgment was denied in Frieder v. Long Island Railroad, 190212/12, in a decision by Manhattan Supreme Court Justice Sherry Klein Heitler dated May 17.

The plaintiff Morton Frieder worked at the Dashing … Read the rest

May is Motorcycle Safety Awareness Month

Motorcycle Safety Awareness Month is a national initiative designed to encourage drivers of all other kinds of vehicles and motorcyclists to “share the road” with each other. The U.S. Department of Transportation’s National Highway Traffic Safety Administration (NHTSA)reminds all motorists to safely “share the road” with motorcycles and to be extra alert to help keep motorcyclists safe. Motorcyclists are reminded to make themselves visible to other motorists. The NHTSA’s motorcyclists’ safety campaign also stresses the importance of riding sober. Statistics show that the percentage of intoxicated motorcycle riders in fatal crashes is greater than the percentage of intoxicated drivers on … Read the rest

Construction Industry Foiled in Its Attempt to Avoid Complying with New York City’s Regulations Governing Cranes, Derricks and Hoisting Equipment

In Steel Institute of New York v. City of New York, the Steel Institute of New York, advancing the interests of the construction industry, sued the City of New York challenging local statutes and regulations that govern the use of cranes, derricks, and other hoisting equipment in construction and demolition. The Steel Institute argued that they are preempted by the Occupational Safety and Health Act (the “Act”) and federal standards promulgated by the Occupational Safety and Health Administration (“OSHA”). The United States District Court for the Southern District of New York (McMahon, J.) dismissed the suit on summary judgment, … Read the rest

Diagnostic Errors Appear To Be The Most Common, Most Costly ($38.8 Billion) And Most Dangerous Of Medical Mistakes

Every year 80,000 to 160,000 patients in the United States suffer misdiagnosis-related significant permanent injury or death that were possibly preventable, estimate the authors of an analysis published online in BMJ Quality and Safety. Analyzed were 350,706 diagnosis-related claims of medical malpractice reported to the National Practitioner Data Bank over a period of 25 years (1986–2010). The study found that diagnostic errors were the leading type and accounted for the highest proportion of total payments. The most frequent outcomes were death, significant permanent injury, major permanent injury and minor permanent injury. The inflation-adjusted, 25-year sum of diagnosis-related payments was … Read the rest