The New York Personal Injury Blog

December 2010 Archives

YouTube Video Shows City Tow Truck Hitting Parked SUV

A city tow truck was recorded continuously hitting a parked SUV in Brooklyn Heights as it attempted to pull out the loader out of a snowy parking spot, the New York Daily News reported. The video launched on YouTube Tuesday and gained over 200,000 views within a couple of hours.

The footage showed the loader running into a city-owned Ford Expedition as the yellow snow-mover tried to help maneuver out onto the street. The loader slammed into the Ford several times before moving out of the parking spot, and the plow struck the SUV's window and hit another parked car on its way out.

Tyler Clementi's Parents May Sue Rutgers University

The parents of Rutgers student Tyler Clementi are considering suing the New Jersey school for their son's death. The New York Daily News reported Joseph and Jane Clementi have already filed two legal notices that preserved their right to sue Rutgers. However, the family's lawyer Paul Mainardi said "a decision as to whether to file suit against Rutgers University in the future has not been made."

Tyler Clementi committed suicide after his roommate Dharun Ravi used a webcam to record Tyler's intimate relations with another man.  So far Joseph and Jane Clementi have filed one notice that claimed Rutgers University failed to act, implement, and enforce regulations and practices that could have prevented their son's death.

Anoop Kapoor Not Liable For Azad Anand's Golf Injuries

Azad Anand sued his friend and fellow golfing companion, Anoop Kapoor, after a golf ball struck him and left him with one blind eye. The lawsuit, which was filed in Suffolk County on Long Island, claimed Kapoor was careless when he made his shot and failed to shout "Fore!" to warn Anand of the bad shot which led to his golf injuries.

The accident happened at Dix Hills Park Golf Course in October 2002 while the two men were playing together with Balram Verma. Azad Anand had gone to get his ball on the fairway when he turned around and got hit in the eye by another golf ball. Anand claims he stood only 15 to 20 feet away from Kapoor when the incident occurred.

Emilie Gossiaux Left Blind After Car Crash

Cooper Union art student Emilie Gossiaux suffered severe injuries two months ago after a tractor-trailer ran into her while she was biking on Johnson Avenue in Brooklyn. The New York Daily News reported the 21-year-old victim was left blind after the accident and is currently struggling to pay for all of her medical bills.

Emilie Gossiaux, a New Orleans native, was immediately rushed to the Bellevue Hospital after the car crash. She was in critical condition and suffered a stroke, broken femur, brain trauma, and facial and pelvic fractures. Her condition eventually stabilized, but she also discovered that the collision had left her sightless after she awoke from a coma.

Johan Santana Files Defamation Claim

A 35-year-old woman filed a lawsuit in August against New York Mets pitcher Johan Santana, alleging the athlete had sexually assaulted and impregnated her. The News-Press reported Santana filed a counter-claim last week against the woman for malicious prosecution and defamation, asserting that her false statements were meant to damage his reputation.

The woman accused Johan Santana, 31, of sexually assaulting her on a south Fort Myers golf course last fall, but detectives and prosecutors have not yet filed any criminal charges against Santana. The 35-year-old woman has only demanded money so far and threatened to file a civil suit that would supposedly "expose Santana to public scandal."

New York Drivers Face Potential Car Accident Fees

On Friday, New York City mayor Michael Bloomberg announced the city fire department might start issuing a $415 fee to drivers who crash their cars. If a car accident involves any injuries or fire, drivers will be subjected to paying almost $500.

A notice from the fire department said New York City drivers may be charged $490 for a "vehicle fire or other vehicle incident with injuries," according to Reuters. Drivers in auto accidents that involve a fire and no injuries may have to pay $415, while "other vehicle incidents" with no injuries will cost $365.

Alex Welch Plans To Sue Disney Star Demi Lovato For Assault

21-year-old dancer Alex Welch will be suing Disney singer Demi Lovato for assault, battery, and mental stress, after Lovato allegedly punched Welch in late October. Donald Karpel, Welch's lawyer, said they plan to file an injury lawsuit next week and "will be seeking punitive damages," according to the New York Daily News.

Assault and battery are typically seen as criminal issues even though they are also valid claims for a personal injury suit. They are considered "intentional torts" where a person purposefully inflicts harm on another individual. An experienced NY personal injury attorney can provide a detailed explanation on the basic elements of assault and battery.

Family Of 9-Year-Old Bullying Victim Sues Brooklyn

A 9-year-old Brooklyn girl was allegedly bullied by two students at P.S. 22 in Prospect Heights. WABC-TV News reported the 9-year-old bullying victim was beaten and forced to drink out of a toilet by two young boys. The victim's family is planning to file an $11 million injury lawsuit against the city of Brooklyn for the alleged attack and bullying.

The incident occurred a few days after the beginning of the school year. The fourth grade victim said "some boys" had followed her after she walked into the girls' bathroom at P.S. 22. Before she could identify who was behind her, the 9-year-old said two boys "covered my eyes to hold my hands behind me and they started punching me in the head and stomach and even in the private area."

Monserrate Luna Sues American Airlines For Alleged Lizard In Her Dinner

Puerto Rico beautician Monserrate Luna testified yesterday, claiming she chewed on a lizard that was served as part of an in-flight chicken dinner on American Airlines in 2003. CBS News reported that she filed a lawsuit against the airlines in January and seeks recovery damages in the amount of $15 million.

Monserrate Luna said she had accidentally munched on a lizard that was in her dinner while watching a film shown in the plane, according to the New York Post. During her testimony in Manhattan federal court, Luna explained that she was on a flight from JFK to San Juan when she noticed something unusual in her mouth during her meal. Unable to gulp down her food, she decided to spit it out on a napkin.

Common New York Injuries: Food Poisoning

Food poisoning, or a "foodborne illness," is a generally common health infection caused by consuming food that has been contaminated with disease-causing microbes like bacteria. Nearly 76 million cases of food poisoning happen every year in the United States, and over 250 different kinds of food poisoning have been identified.

Raw foods like meat, eggs, or unpasteurized milk are typical products that cause food poisoning. Injuries sustained from consuming contaminated food or beverages can lead to potential tort lawsuits and may involve product liability. Food manufacturers, restaurants, or grocery stores may be held liable for the harm caused by the defective product.

Two Bronx Women File Negligence Suit Against Hairbraiding Shops

Shena Washington, 45, and Karla Santiago, 28, have filed a negligence lawsuit against a pair of African braiding shops, accusing the employees of burning them with case of boiling liquid. The New York Daily News reported both Bronx women also claimed the workers ignored their cries for help after they were accidentally doused with the scalding liquid.

Shena Washington suffered serious burns after an employee at the Union African Hairbraiding salon in Harlem accidently poured water on her. Washington said she "felt like I was being burned alive," yet "no one tried to lift a finger" when the incident occurred. Karla Santiago experienced a similar incident after she endured second-degree burns on her stomach and arms at Tina's African Hair Braiding in the Bronx.