The New York Personal Injury Blog

November 2012 Archives

Salmonella Peanut Butter Update: FDA Closes Plant

Remember that peanut butter recall from about two months ago? Sunland, Inc., which is the third largest producer of organic peanut butter in the United States, voluntarily closed down after 41 people in 20 states were sickened by the tainted peanuts. Though the recall initially covered Trader Joe’s Peanut Butter, it spread to dozens of other brands produced by Sunland as well, including house brands for Target, Safeway, and Whole Foods.

Now, on the day Sunland was planning to reopen its plant, the FDA used its emergency power to shut the plant down indefinitely. This is the first time the authority, granted as part of a 2011 food safety law, has been used, reports The Associated Press.

Judge Dismisses 9/11 Lawsuit Over United Airlines Security Lapse

This wasn't a lawsuit about the Twin Towers or the hijacked planes. This was a lawsuit about an airport security checkpoint in Portland, Ore., and the building next to the towers.

According to Reuters, the owners of 7 World Trade Center were suing United Airlines over the loss of the building, which collapsed after debris from the collision between American Airlines Flight 11 and 1 World Trade Center fell on the neighboring building.

Shannan Gilbert's Family Sues Doctor, Still Sees Link to LI Serial Killer

It seems there are nothing but unanswered questions in the Shannan Gilbert and Long Island serial killer cases. Gilbert, a prostitute who advertised on craigslist, disappeared in May 2010. Though her remains were found late last year, the cause of death was inconclusive.

Gilbert’s disappearance led to the accidental discovery of ten victims of an unidentified serial killer, most of which are believed to have also been prostitutes. Detectives do not believe that the deaths of Gilbert and the other victims are related, reports New York Magazine.

The Dangers of Black Friday: Is Mob Madness Foreseeable?

We all love a bargain. Plus, who doesn't love scavenger hunts? For many, Black Friday is a part of their annual tradition. Eat until nauseated on Thanksgiving, pass out in a food coma, and then wake up early and fight crowds for $10 off a video game or $100 off of a television.

It seems, however, that the confluence of a bad economy and deal hunting has escalated things a bit. A few years ago, a Wal-Mart stampede killed an employee and caused a miscarriage. Last year, a woman pepper-sprayed fellow shoppers in the midst of a video game scramble.

Eat, Fry, Turkey Remix: Shatner Again Saves Us From Turkey Fires

Everything on Earth is better fried. Snickers are better when deep fried. Twinkies as well. Fried greens are far more edible than ordinary rabbit food.

And then there is poultry. Grilled and baked chicken is good. Fried chicken is magical. One would expect the same out of turkey, which too often shows up on the Thanksgiving table dried out and in need of a gravy bath.

It’s always best to seek the advice of elders before trying something new. Before you try to turkey fry, let’s ask William Shatner his thoughts on the matter:

FindLaw's Post-Car Accident Checklist: Simple, Yet Brilliant

Clear thought under stress is something most folks aren't capable of. When the feces hits the fan, most brains turn off. It's understandable. Fight or flight, right? You don't need your brain to run away or to throw a punch. Adrenaline turns the mental processes off.

If you've ever been T-boned by an inattentive driver that plowed through a stop sign on a sunny Saturday morning, you've felt that rush of shock, followed by a burst of anger, followed by exhaustion. Most people know that after a car accident, they should get the other driver's insurance information. That's only the start, however.

National Guard Truck Barrels Over Elderly Pedestrian

Like nearly every auto accident, the question of who is at fault is answered differently depending on the person answering. The National Guard blames the pedestrian, who died after being hit by a personnel carrier headed to pick up relief supplies. A spokesperson told The New York Times that the pedestrian disregarded a police escort and “stepped into traffic.”

On the other hand, an eyewitness told Streetsblog that there was no police escort and that the convoy blasted through red lights, nearly running the witness over as well. There were no sirens or other warnings that it was unsafe to cross. Kwok Fu, 82, was not jaywalking or trying to beat the convoy. He was hit by the final truck, which was speeding through the red light to catch up to the other trucks.

Man, Crushed by Crucifix, Loses Leg and Sues Church

“And said, Naked came I out of my mother’s womb, and naked shall I return thither: the Lord gave, and the Lord hath taken away; blessed be the name of the Lord.” Job 1:21

David Jimenez and his wife, Delia, are devout Catholics. When she was diagnosed with ovarian cancer in 2008, he would stop between food deliveries at the St. Patrick’s Church in Newburgh, New York to pray before a large outdoor crucifix. Two years, later, Delia was declared cancer free.

David wanted to show his gratitude. He volunteered to clean up the cross, first by removing the trash from around the crucifix, then by scrubbing it clean. Unfortunately, while cleaning Christ’s face, he stood on the base of the crucifix and used the cross bar for support. The leverage of his weight snapped the 600-pound marble crucifix off of the base and onto his leg. The damage was so severe that doctors were forced to amputate that leg, reports The Associated Press.

Wegmans Announces Multiple Food Recalls Over Allergens, E.coli

Steer clear of the spinach. And the baked goods. And the gluten free products. Better yet, perhaps you should just stick to fast food. That’s got to be better for you than violent allergic reactions and E.coli, right?

We kid a bit, but Wegman’s Food Markets have announced a series of recalls over the last few weeks that cover everything from baked goods to veggies in New York, Pennsylvania, New Jersey, Virginia, Maryland, and Massachusetts. The recalls were announced on the FDA’s recall website.

Lawrence Taylor Victorious in Prostitute's Lawsuit; Was Jury Wrong?

Last Friday, Lawrence Taylor emerged from the courthouse with a grin on his face and an El Titan De Bronze Redemption cigar in his mouth. The jury took only fifty minutes to dismiss the lawsuit against him, reports the New York Daily News. The plaintiff Christine Fierro, who was just 16-years-old when Taylor paid to have sex with her, was seeking damages for battery and gender-motivated violence.

The criminal case against Taylor was resolved earlier with a relative slap on the wrist. For patronizing a prostitute and having sex with a minor, he received only six years of probation and the lowest possible sex offender classification. Reasonable minds could certainly dispute whether that sentence was appropriate, as he testified that she told him that she was nineteen and the sex was reportedly consensual.

But there's a difference between consensual and legally consensual however, which is why the jury may have made a mistake in their quick dismissal.

Upstate Neighbors Sue Over Noisy Wind Farm

Fans are noisy. The motors and wind-pushing blades create a constant hum. After a while though, you can tune it out. But, could you tune out thirty-seven fans, each standing four hundred and seventy six feet high?

Neighbors of the Hardscrabble Wind Power Project are suing because the wind-farming renewable energy project is simply too loud, too large, and too close to their homes, reports the Courthouse News Service. Sixty plaintiffs have signed on to the lawsuit. All live within a mile of the renewable energy project.