March 2011 News - The New York Personal Injury Law Blog

The New York Personal Injury Blog

March 2011 Archives

Carolina Wimmer's Parents Sue Facebook Over Daughter's Photo Online

In a recent lawsuit against Facebook, the parents of Staten Island local Carolina Wimmer are suing the social networking site over a horrifying photo that Mark Musarella, an EMT, took of their daughter. The New York Daily News reported that Musarella photographed Wimmer, 26, after she was murdered inside her apartment in March 2009 and posted the picture online.

Musarella lost his EMT certification after he pleaded guilty this past December to one count of official misconduct for posting the gruesome photo and received a sentenced of 200 hours of community service. But Carolina's picture was still left accessible to the public on Facebook, and Ronald and Marti Wimmer sought to have it removed.

Ester Melendez Injured During Car Chase On Major Deegan Expwy

Ester Melendez, 33, thought she was just stuck in some late-night traffic on the Major Deegan Expressway as she drove home to the Bronx with her mother until a speeding SUV driver suddenly came into view in her rearview mirror. When the driver began repeatedly hitting his vehicle onto the side of Melendez’s car, both women were left helpless and frightened for their lives.

“He kept on backing up and hitting us, rocking our car back and forth,” said Melendez, who is five months pregnant. “And then he just kept on driving.”

Starbucks Accuses Riffat Qureshi Of False Injury Complaint

Pennsylvania resident Riffat Qureshi filed an injury complaint in Manhattan’s federal court, claiming she suffered injuries at a Starbucks in New York City in 2006. According to CBS News, Qureshi contended that a scalding cup of tea spilled on her and burned her stomach after a barista slid her drink across the counter and yelled, “Catch the cup.”

But Starbucks has accused Qureshi of actually making bogus claims and faking her injuries from the alleged incident, according to the New York Post. The PA local now faces fraud allegations as the company contends that Qureshi’s physician testified that he had diagnosed her with having a skin rash and infection.

Two Hospital Workers Face Lawsuit for Patient Esmin Green's Death

On June 2008, a surveillance camera at Kings County Hospital recorded 49-year-old Esmin Green lying face-down on the floor of the emergency room for almost an hour, without any attention or concern from staff or security personnel. According to the New York Daily News, two hospital employees are being prosecuted for letting Green die and for covering up her death.

Green's daughter filed a wrongful death lawsuit against the city of Brooklyn, and reached a $2 million settlement. "All those who are in any way responsible for this wrongful death and cover-up should be brought to justice," said Sanford Rubenstein, the attorney representing Green's daughter in her suit.

Nicole Imprescia: Preschool Ruined Daughter's Chance at Ivy League

Manhattan mom Nicole Imprescia has filed a lawsuit against York Avenue Preschool for allegedly jeopardizing her 4-year-old's chances of getting into a top private university or even an Ivy League school, according to the New York Daily News.

Imprescia had initially transferred Lucia out of an upper East Side center and into York because the center "proved not to be a school at all, but just one big playroom." She chose to enroll her daughter into the more expensive preschool because it allegedly guaranteed to prep students for the ERB, which is an exam used to admit students in top private institutions.

Brooklyn Faces Lawsuit To Remove Bike Lane In Prospect Park West

A group of New Yorkers decided to sue the city to have a bike lane removed from a wealthy neighborhood in Brooklyn, according to The New York Times. The suit was filed on in Brooklyn’s State Supreme Court and appears to add to the opposition against the campaign of Mayor Bloomberg’s administration to renovate the city’s roads.

Many residents have rallied against the bike path that was installed along Prospect Park West last summer, which has now led to the lawsuit seeking the removal of that lane. However, the suit also criticizes the administration’s actions in carrying out the plans of Janette Sadik-Khan, the city’s transportation commissioner.

Poll Reveals Young Drivers Are More Prone to Distracted Driving

Transportation officials said a new poll from the magazine Consumer Reports revealed young drivers were more likely to use their cell phones while behind the wheel, and 30 percent of them have recently texted while driving. The Department of Transportation has been working with Consumer Reports to raise more awareness about the dangerous risks of using a cell phone while driving, reported Reuters.

Among a total of 1,026 respondents, the magazine's poll showed that 63 percent of respondents who were under the age of 30 said that they used a handheld phone while driving during the last 30 days, according to the Department of Transportation. Thirty percent of drivers had also texted behind the wheel during that same time period.

New York Must Pay Family of Poisoned Inmate Rodney Williams

The family of a 20-year-old prison inmate who was killed just weeks before his release will receive a settlement from the state. The family of Rodney Williams, in prison for car theft, will get a $752,000 payment from the state of New York for the failure of prison staff to get him prompt medical attention after he drank coffee spiked with poison.

Williams had just three weeks to go on his sentence when he drank a cup of coffee that was found to have been poisoned with Magic Shave, a hair remover, reports the New York Daily News. The product, often used by prisons in lieu of razors, contains an ingredient called barium which in some forms, can be used to kill rodents.

New York Judge Dismisses Defamation Suit Against Jerry Seinfeld

New York State Judge Marcy Friedman dismissed the defamation lawsuit filed by author Missy Chase Lapine against comedian and former sitcom star Jerry Seinfeld, reported CNN Entertainment. The suit had accused Seinfeld of slander over some comments he had made about the author on television in 2007.

Lapine had sued Seinfeld's wife, Jessica, that same year for copyright infringement, according to Bloomberg. She claimed Jessica stole the ideas from her book "The Sneaky Chef" and used them in her own cookbook. Seinfeld later commented on Lapine's allegations of plagiarism and referred to her as a "wacko" on "The Late Show with David Letterman" and a "nutjob" who "comes outta the woodwork" in E! News.