The New York Personal Injury Blog

May 2012 Archives

Dump Truck Hit and Run: Who is Liable?

Roxanna Sorina-Buta, 21, of Jackson Heights, Queens, was walking east on 14th St. Witnesses say that she had the light when she crossed Broadway, reports the New York Daily News.

The unidentified driver of a dump truck was headed west on 14th before he turned right on Broadway. Tragically, the driver didn't seem to notice Sorina-Buta, who was crushed under the vehicle's rear wheels. She did not survive.

Skinny Jeans Can Permanently Injure You ... Products Liability?

The New York Daily News just ruined every hipster in America’s week. Apparently, skinny jeans can cause nerve damage to your legs. The theory is that the super tight jeans press inward on the outer thigh, where a lot of nerves are located. If the jeans are tight enough, and the pressure is sustained, the fashion statement could result in tingling, numbness, and burning pain.

The solution is pretty simple: just dress like us full-figured gals manly men do. Looser clothing, in addition to being more comfortable generally, will alleviate the condition in most people who are suffering from what should be known as skinny jeans syndrome. (The real term is meralgia paresthetica, but who’s going to remember that?)

Now that the problem has been identified, does this officially make skinny jeans an unreasonably dangerous product? And if so, would there eventually be a possibility of a credible lawsuit?

East Village Topless Lady Detained ... But It's Not a Crime

Moira Johnston is a courageous crusader and an activist that is working to spread the all-important message that it’s legal for women to be topless in New York City. Instead of championing her cause, the police have actually tried to oppress her rights by detaining her for her lawful activity, reports the Gothamist.

Shame on you officer. Shame on you.

Brighton Beach Construction Collapse: SP&K Negligent Per Se?

Last fall’s Brighton Beach construction collapse has resurfaced in the news, thanks to the Occupational Safety and Health Administration. OSHA cited SP&K Construction on Monday for 11 safety violations on the Brighton project, reports NBC New York.

The fines could amount to more than $77,000, which is a pittance compared to their possible exposure for personal injury and wrongful death. This would be in addition to whatever fines result from the City’s nine ticketed violations which, according to NBC New York, were slapped upon the project shortly after the collapse.

Skechers Settlement: $40 Million Via the 'Honor System'

"We think most consumers are honest," Dana Barragate, a Federal Trade Commission attorney told the Los Angeles Times.

Well, thanks for the compliment.

Why the compliment? It has to do with the Skechers settlement. In short, Skehers made claims that their rounded platform shoes, also known as "Shape-Ups," "Resistance Runners," "Tone-ups," and "Toners," would give you a body like Kim Kardashian. Or maybe they would give you the endurance of some Hall of Fame Quarterback named Joe Montana.

Or some such type of claim.

Ferrari Motorcycle Collision Death: Employer's Liability

An act of juvenile carelessness may have caused the death of an innocent motorcyclist, reports the New Jersey Star-Ledger. Two employees of Gotham Dream Cars, Joseph Ferretti, 28, of Dumont, and Joseph Meyer, 19, of Oveido, Florida were driving Ferrari F430s at a "high rate of speed" back from the gas station to their employer's place of business when the accident occurred.

Joseph Meyer was operating a silver Ferrari when he lost control of the car, hit a couple of curbs, and spun out of control. Joseph Feretti was operating a red Ferrari and swerved to avoid Meyer's car. He crossed into oncoming traffic and collided with Stephen Lenge, of Kinnelon. Lenge was riding a motorcycle. He did not survive.

Police Misconduct Case: Did the Lawyers Beat the Cops?

Michael and Evelyn Warren were driving through downtown Brooklyn in June 2007 when they came across an arrest in progress. According to Reuters, the police had chased down a young black man and were in the process of arresting him. They then allegely began to beat him, after they had him in cuffs.

The Warrens got out of their vehicle and asked the officers to stop beating the suspect. They were told to get back into their vehicle. Moments later, the officers noticed the couple taking down license plates. That’s when things got even more violent.

Brooklyn DA Shielding Pedophile Orthodox Jews?

According to CBS News, Brooklyn District Attorney Charles Hynes's office may be on the verge of becoming embroiled in a child sex-abuse controversy. It seems Charles Hynes' office may have been concealing the identities of Ultra-Orthodox Jewish defendants as part of an agreement with Rabbis to reach out to victims first.

Professor Marci Hamilton, of Cardozo School of Law is outraged, stating that the DA office's system is "woefully inadequate to protect children, putting them at risk on a daily basis."

FAA's Ignoring of Whistleblower Complaints Legally Risky?

Disturbing news has emerged about the FAA’s vigilance regarding air traffic controllers, reports CBS New York. A government watchdog group, in a letter to the White House, highlighted numerous instances of neglect of duty amongst air traffic controllers at an unidentified air traffic control center.

The news comes on the heels of investigations that substantiated another whistleblower’s claims, including allegations that controllers slept in the control room at night, left early, used personal electronics while on duty, used improper air traffic control procedures and engaged in work stoppages to gain overtime pay.

Lawsuits Commence After Brooklyn Boy Crushed By Parking Gate

We can't say we didn't see this coming. Barely a day after tragedy struck in Brooklyn, lawsuits are flying, reports CBS New York.

Yakim McDaniels, as so many twelve-year-olds are wont to do, was engaging in some seriously dangerous activity. According to the New York Post, Yakim and his friends were playing parking gate chicken. Basically, all of them would climb onto this gate, which rolled upwards whenever a car approached. They would hold on and ride it up. Whoever jumped last, won.

Defending NY: Contributory Negligence and the Bronx Zoo Crash

Much ado, for good reason, has been made about the safety of the Brooklyn Expressway and its ancient, dilapidated state. Since the accident that claimed three generations of a family, the uproar to fix the road has grown to a fever pitch and the city has begun to install taller concrete barriers on the sides of the road, reports the Los Angeles Times .

Here is an excellent summary of the case for a personal injury claim against New York on behalf of the victims of a crash that killed three generations of a family in the Bronx.

Meet-An-Inmate's Sexiest Women ... Is This Really a Good Idea?

Dear God. Could it really be? The 50 Hottest Women Currently In Prison list was released by someone with way too much time on their hands over at Ranker. The Huffington Post has picked up the story, along with more information on the websites that link you to prison penpals.

The sites that facilitate the inmates' communication with the outside world include Meet-an-imate.com and a favorite, WriteAPrisoner.com. On the sites, the inmates put a picture and personal profile, including an address. Disclosing their crime is optional, though a few legal bloggers could probably find out anything, if they were motivated enough. We weren't.

Did BMW Motorcycle Cause Indefatigable Erection?

In what may be the greatest testament to the thrill of riding a BMW motorcycle ever, a man is suing BMW because his motorcycle gave him an erection lasting over twenty months. Yes, twenty months.

According to the Huffington Post, the complaint, brought by Henry Wolf, in San Francisco on April 26, alleges that BMW, the manufacturer of the bike, and Corbin-Pacific, which manufactured the custom seat on the bike, are to blame for his persistent, painful erection. The indefatigable erection began shortly after making two two-hour rides on his 1993 BMW motorcycle in 2010.