The New York Personal Injury Blog

March 2010 Archives

NY School Liability for Bullying

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New York injury lawyers have many new questions in the wake of the recent school bullying cases. Although the Phoebe Prince suicide case has taken national headlines, New York is not immune to the plague of school bullying. 

Now, New York personal injury attorneys are beginning to ask the question:

When can you hold the school liable for the inadvertence to protect its students from excessive bullying?

Public schools might fall under the legal realm of "municipalities" and the general rule of thumb for municipal tort liability is this:  

"If you owe a duty to all, you owe a duty to nobody". 

eTrade Baby Responds in Lohan Lawsuit

The eTrade baby has spoken, but there is no word as to whether or not he has retained a New York injury lawyer. Although these has been no formal answer filed in Manhattan court to Lindsay Lohan's defamation complaint against eTrade, the eTrade baby responded, in a satirical appearance on The Tonight Show With Jay Leno.

The baby responded to Lohan's allegations in her complaint that the eTrade commercial damaged her career. Essentially, the baby responded "What career?"

Let's look at the allegation that the eTrade advertisement damaged Lindsay Lohan's career.


Prius Findings and New Toyota Leaked Memo

Listen up, New York injury lawyers!  Results are in for the New York Prius incident. 

As reported previously in this blog, a Harrison woman alleged unintended acceleration in her Prius, as it drove across the street and back into a stone wall. The woman claimed that the Prius accelerated on its own and she insisted that she pressed the brakes.

We reported last week that the black box-- essentially the data recorder in the Prius, was taken under investigation by both federal officials and Toyota Motor Corporation. In our earlier report, we found that there was evidence of driver error, however, that the evidence was inconclusive. 

Now, the Prius investigation results are conclusive, according to published news sources.

Strip-Searched Prisoners Get $33M Settlement

New York injury lawyers representing thousands of New York inmates are celebrating a $33 million victory today after settling a class action lawsuit against the city of New York.

Two women at the forefront of the suit claimed that they forcefully underwent gynecological exams. Thousands of other people say that they were strip searched in New York city jails.

The plaintiffs in the suit were largely individuals who were arrested on misdemeanor charges.  These individuals were subjected to strip-searches at Rikers Island; among other New York jails.

One of the New York injury lawyers on the case  referred to the intrusive strip-searches as a "mass humiliation" to let prisoners know who was in charge. 

Judge, NY Injury Attorneys to Reconvene on 9/11 Settlement

A Manhattan Judge said Friday that he will not approve the settlement in the World Trade Center lawsuit.

Last week, many 9/11 heroes found out that they were entitled to $657 million; which is a figure that is based on a settlement that was reached in the World Trade Center lawsuit. 

Later in the week many of these plaintiffs were left scrambling to contact their New York injury attorneys, working with them to determine exactly how much of the $657 million they would see. Many of them also want to know if the settlement is fair.  

As reported in this blog last week, a settlement had been reached in their ongoing lawsuit against the City of New York (and several private companies) for injuries sustained by Ground Zero rescue workers in the aftermath of September 11, 2001. 

Runaway NYC Prius Was Driver Error?

Is Toyota just getting awfully good at discrediting consumer complaints and reports of unintended acceleration?

They certainly did a great job of discrediting the San Diego Prius incident and the statements of driver James Sikes after his Prius accelerated out of control on a San Diego freeway.

Now, it's time for them to discredit the driver of the New York Prius that failed to brake and crashed into a stone wall across the street in Harrison, N.Y. on March 9.  

Toyota and federal authorities began investigating both cars in the incidents. Now, according to computer data from the New York Prius incident, the research is yielding that the driver never pressed the brakes.    

World Trade Center Lawsuit Settles for $657M

Many New Yorkers can breathe easy-- although ironically, the inability to breathe easy was the very subject of the 2003 World Trade Center lawsuit.

The lawsuit was brought about by the rescue workers at the World Trade Center site. On Thursday night, a settlement was reached between the New York injury lawyers and the defendants in the World Trade Center lawsuit. 

As a result, plaintiffs will receive a total of $657.5 million. 

The World Trade Center lawsuit is the result of the aftermath of September 11, where emergency and rescue workers were exposed to the bitter cocktail of toxic substances, glass, smoke and asbestos in the air after the collapse of the twin towers. As a result, some workers developed asbestos related diseases. Plaintiffs in the suit included thousands of police officers, firefighters, construction experts and emergency workers. 

Runaway Prius in NYC, No Injury

If you're a New York personal injury attorney, you might want to sit up and listen to the Toyota news.  After last Tuesday's widely broadcasted Prius chase and subsequent press conference in San Diego, on Wednesday came news of another runaway Prius.

This time, it was in New York.

But how could New Yorkers have heard of the local unintended acceleration incident when the San Diego Prius incident has been hogging the news?

San Diego's runaway Prius incident allegedly involved unintended acceleration; causing the California driver, online porn website owner James Sikes, to accelerate upwards of 90 miles per hour, weaving in and out of traffic with the California Highway Patrol shadowing the vehicle.

Of course, many are now shouting "Prius hoax" in the San Diego incident, citing that many of James Sikes' claims are unfounded and that the driver needed unreasonably long arms in order to grab the brake pedal and steering wheel at the same time-- a claim he allegedly made in his widely publicized press conference held a few hours after his Prius chase.   

The overlooked New York Prius incident happened in a driveway, where the driver allegedly claimed that her gas pedal became stuck.  As a result, the 56-year old housekeeper crashed the 2005 Prius into a stone wall, sustaining no injuries to herself but severe damage to the vehicle. 

Lindsay Lohan Sues ETrade For Milkaholic Baby Lindsay

Just when we were waiting to see what Lindsay Lohan would do next, she did not disappoint, Lohan is now picking a fight with a baby.  Actress Lindsay Lohan filed an invasion of privacy lawsuit  in Nassau County on Monday, against E*Trade Financial Corp.


Apparently, the E*Trade baby is on Lohan's hit list, infringing on Lindsay Lohan's commercial identity.  The E*Trade baby under scrutiny is a milkaholic baby named Lindsay, who appears in the E*Trade Superbowl commercial, among others.  In this commercial, Lohan's complaint alleges, Lohan's "look a-like name, characterization, and personality" constituted an unauthorized use of her commercial likeness. 

Negligence: Mannequin Head Hurt My Foot, Claims Victim

One New York woman was shopping for a wig, and she ended up having to file a personal injury lawsuit.

According to UPI, a . After the injury, the victim's New York injury lawyer claims that his client has not been able to recover. In the lawsuit that was filed in the Supreme Court, the victim claimed that as she was sampling a wig at Baobo when a plastic mannequin head landed on her foot. She claims that severe nerve damage has left her foot in a bad state.

Kenneth Wilhelm, the victim's New York injury lawyer, said in a statement that "It just doesn't seem to be healing... At this point she can't make a fist with her toes. I've been doing this for 40 years and I don't recall anything like this."

The victim claims that the wig store was negligent because the environment was not "free of dangerous, hazardous, unsafe, traplike and defective conditions."

Schoolgirl's Arrest Raises Liability for NYPD

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Poor Alexa Gonzalez. The cherub-faced 12 year old was handcuffed and marched to the precinct for doodling on her desk. 

And no, her doodles weren't malicious or incitative to violence.  Nor were they permanent.  They were innocent, erasable messages of peace, saying "I love my friends, Abby and Faith."  But New York public schools want to show that they're serious about their zero-tolerance policies, even if that means handcuffing an innocent twelve year old girl in front of students and faculty, as tears stream down her cheeks in emotional distress.  Of course, her New York injury attorney is crying 'foul' and promising a lawsuit will ensue in addition to the current ACLU civil rights lawsuit underway.

But Alexa hasn't been the sole New York student that has fallen victim to school security officers.

Car Accident With MTA Bus: Victims Awarded $7.5M

My Fox New York reports that the Metropolitan Transportation Authority (.

Two women, represented by their New York injury lawyer Herb Subin, were awarded $7.5 million dollars for the injuries that they suffered after the car they were riding in was struck by a city bus. 1010Wins reports that in 2005, the victims were riding in a car in the intersection of Ocean Parkway Service Road and Avenue U in . After the collision, My Fox New York reports that one of the victims "suffered a punctured lung, spent 16 days in the hospital, and underwent 2 surgeries."

LI Woman Sues For Negligence After Bad Breast Implants

According to, a Willowbrook woman who allegedly received bad breast implants is suing a plastic surgeon for a .

Maria Alaimo, 47, went to Dr. Berman seven years ago to receive a breast enhancement of 36 C cups. However after the surgery, Ms. Alaimo developed "double-bubble" deformities. Her New York injury lawyer told the court on Monday that, "Maria came out of that operation with essentially four breasts."

Her lawsuit details that this deformity caused her "pain... disability, loss of self-esteem, humiliation and embarrassment" in addition to a divorce from her husband. Her case concerning medical malpractice and negligence is being heard at the state Supreme Court in St. George. She is seeking $5 million dollars in damages from Dr. Berman. In addition, his staff and two internet companies that referred the doctor are included as defendants: My Choice Medical Inc. and 1-800-Be-Your-Best. My Medical Choice had Dr. Berman on their list of "the best doctors." They also received a referral fee after the victim committed to the surgery.

Wrongful Death Suit Filed Against Toyota

Toyota is facing another wrongful death lawsuit. Tyrene Livingston of New York died on Route 30, according to Market Watch. Now Ms. Livingston's mother has filed a wrongful death lawsuit against Toyota Motor Corporation seeking general and punitive damages.

The injury lawyer representing Sandra Livingston, Tyrene Livingston's mother, explained the outline of her complaint:

"The complaint charges that Toyota for years was aware that its vehicles were susceptible to sudden unintended acceleration, leading to fatal accidents... Yet, Toyota never made any significant changes to improve the acceleration and electrical systems of its vehicles, in spite of the availability of several safe and inexpensive modifications."