The New York Personal Injury Blog

November 2010 Archives

Pedestrians Make Up Majority Of Traffic Deaths In NYC

According to the New York Post, the New York City Health Department reported pedestrians made up 52 percent of traffic deaths in the city during the last four years. Many of those pedestrians killed had actually been obeying the law. Among the 1,467 car-related deaths, 770 pedestrians were killed between 2005 and 2009. Brooklyn had the most pedestrian deaths, totaling 32 percent.

45 percent of pedestrians killed in an auto accident at an intersection with signals had the light on their side as they crossed. A majority of them crossed the street when they weren't supposed to, and 60 percent of those jaywalkers were men. Those in the vehicles at the time of an accident accounted for 29 percent of traffic deaths. 11 percent of those killed have been motorcyclists, while 7 percent were bicyclists.

Pakistani Intelligence Faces Wrongful Death Lawsuit

The relatives of four victims in the November 2008 Mumbai massacre filed a wrongful death lawsuit in Brooklyn Federal Court against Pakistan's Inter-Services Intelligence (I.S.I.), according to the New York Daily News. The suit accuses the Pakistani intelligence service of being involved in the mass execution executed by Lashkar-e-Taiba, a terror group.

Brooklyn locals Rabbi Gavriel Holtzberg and his wife, Rivkah, were two of the victims that were killed at the Chabad-Lubavitch Jewish Center. The Holtzbergs' died in front of their two-year-old son, Moshe. The plaintiff's NY personal injury attorney James Kreindler is aware that the lawsuit may not be politically accepted considering "Pakistan is an ally of the U.S. in the war in Afghanistan."

Body Scanners At Airports May Cause Potential Risks for Cancer

Many New York City locals are joining in the nationwide concern over the new full body pat-down searches and screenings at national airports, especially with peak travel months approaching. The new Transportation Security Administration (TSA) procedures seek to provide security for travelers against concealed hazardous items, but many people are feeling very apprehensive about the screening policies.

Besides concerns on the infringement of personal privacy, The Los Angeles Times reported U.S. scientists are also worrying about whether the full-body screenings pose a risk for potential skin cancer. Dr. Michael Love, who runs an X-ray lab at John Hopkins University’s school of medicine, said the risks may be minimal, but “statistically someone is going to get skin cancer from these X-rays.”

Two Children Struck by Car in Queens

The New York Daily News reported that an out-of-control black Mercury Sable struck a young brother and sister in front of their Queens home. 11-year-old Tydian Sylla and his 4-year-old sister Aicha suffered serious injuries after Queens local Anthony Grays crashed into the two siblings. Both children were immediately brought to Long Island Jewish Medical Center.

Anthony Grays, 39, was heading west on North Conduit Blvd. when he drove through a resident’s fence on 160th St. in Springfield Gardens and crashed into Tydian and Aicha Sylla. Witnesses said Aicha ended up unconscious and pinned beneath the automobile. The kids were rushed to the hospital where Tydian was said to be in stable while his sister was in critical condition.

Lead Found in New York Supermarket Reusable Bags

According to the New York Daily News, an Empire State Consumer Project report showed reusable bags at East Coast food market chain Wegmans contained high levels of lead. The report stunned many New York eco-conscious consumers and led politicians to immediately warn the public about health hazards that may result from the lead-containing grocery bags.

No specific local supermarkets have been held liable for the reusable bags at this time. Any injuries or harm resulting from the lead in the bags could lead to a potential products liability lawsuit. While an NY personal injury lawyer can provide an in-depth explanation on the legal issues behind products liability, these cases generally involve asserting either a strict liability and negligence theory of recovery against the product manufacturers.

Shopping Injuries in New York

Whether you are at a mall or at a grocery store, not many people really think about the potential injuries that can occur while shopping. In reality, thousands of people have suffered from shopping-related injuries, such as from slip and fall incidents or back and neck injuries. Shopping injuries are more common than what most people would assume and affects New York shopping consumers, employees, and store owners.

With Black Friday approaching, it’s important for customers and businesses to be aware of hazardous situations where a potential shopping injury can happen.

Kent Morgan Suffers Critical Injuries from Subway Fall

Police officials reported Kent Morgan, a subway track worker, fell more than 20 feet from an elevated Queens subway and landed on the ground under the No. 7 line on Roosevelt Avenue near Citi Field. According to the New York Daily News, Morgan was taken to New York Hospital Queens and suffered from a broken ankle, fractured elbow, and a cut on his head.

50-year-old Kent Morgan, a Bronx local, is a transit supervisor for the MTA. He fell off the raised subway tracks while supervising a switch replacement close to the Roosevelt intersection. Witnesses said Morgan yelled as he plunged to the ground, landing on his side with his head hitting the street. Some of his coworkers were able to keep him stabilized as they waited for the paramedics to arrive.

Toyota Faces Wrongful Death Suit For Ernest Codelia's Death

A new wrongful death lawsuit against Toyota claims the keyless feature on a Lexus sedan may have killed a 79-year-old Queens attorney and seriously injured his female companion. According to the New York Daily News, the suit alleges the ignition system in a Lexus sedan caused the death of former lawyer Ernest Codelia Jr.'s and brain damage for Mary Rivera.

Mary Rivera left the engine running on her luxury vehicle after parking it in the ground-floor garage, which was connected to her and Ernest Codelia's home. Family members came to visit the couple when they found Codelia dead in bed and Rivera unconscious on the bedroom floor. An autopsy revealed Codelia's blood was filled with carbon monoxide. Rivera survived but has difficulty speaking and was left unable to walk.

Court Dismisses Lawsuit Against Starbucks

Starbucks Corp. defeated a lawsuit filed by a Manhattan woman who claimed the coffee company should have been held liable for the burns she suffered after spilling a hot cup of tea. According to Reuters, the 2nd U.S. Circuit Court of Appeals sustained a lower court's dismissal of Rachel Moltner's $3 million suit against Starbucks.

Two years ago, 78-year-old Rachel Moltner spilled tea on her left leg and foot after trying to remove the lid from her "venti"-sized drink at a Starbucks coffee shop on Manhattan's Upper East Side. The elderly woman ended up burning herself, and her injuries required a skin graft. Her hospital stay eventually led to additional injuries, such as bed sores and herniated discs resulting from a fall out of bed.

Carpeted Floors In NY Supermarkets Prevent Slip And Falls

Slip and fall accidents happen when an individual slips or trips, falls, and gets injured on the property of another person. Businesses, like local shops or grocery stores, may commonly face slip and fall allegations when customers claim they have slipped and suffered injuries due to potentially dangerous conditions in the store, like a wet floor or poor lighting.

Supermarkets often face the risk of customers hurting themselves when foods have fallen or spilled on the floor. But for four New York City D'Agostino supermarkets, this doesn't seem to be a problem anymore. According to The New York Times, these stores are now fully carpeted just like many NY hotel lobbies or movie theatres.

Manhattan Judge Decides 4-Year-Old Can Be Sued

A suit was filed against a young girl for running down an elderly woman while racing a bike with training wheels. The New York Times reported Paul Wooten, the Manhattan State Supreme Court Judge for the case, ruled that the little girl could be sued for negligence. Wooten allowed the lawsuit against the girl, another young boy, and their parents to move forward even though he did not find the young girl accountable.

4-year-olds Juliet Breitman and Jacob Kohn raced their bicycles on East 52nd Street on the sidewalk of a building while under their mothers' supervision. At some point during the race, the two children hit Claire Menagh, 87, as she walked in front of the building. Claire Menagh was "seriously and severely injured" after she was struck and suffered a hip fracture that called for surgery.