New York Injury Talk Blog

An Avon teenager had pleaded not guilty in a deadly DWI truck accident in New York that killed a 16-year-old boy in October. Aaron Boop, 19, faces four felonies and three misdemeanors including vehicular manslaughter and DWI charges, according to this news report. Nicholas Zajac, 16, was ejected from the pickup that Boop was driving after Boop went off the road and hit a tree near the Monroe and Genesee County line. Boop was sent to jail without bail.

This article also states that traffic investigators collected evidence at the scene including some blood and tissue. They also collected a DNA sample from Boop. Prosecutors call it a “pretty severe motor vehicle accident.”

Drinking and driving is illegal in New York. Underage drivers will and should face severe penalties when they drink and drive, especially when the incident involves severe or fatal injuries to a person other than a driver. In such cases, the suspected drunk driver will very likely not only face criminal manslaughter charges, but could also be held civilly responsible for the injuries or death he or she caused as a result of his or her negligent behavior.

If you or someone you know has been severely injured or killed in a New York DWI or DUI crash, please call an experienced New York wrongful death attorney or personal injury lawyer at Wingate, Russotti & Shapiro LLP. for a free consultation. We will financially pursue the negligent parties involved and wrongdoers to make sure that you get justice and the fair compensation you rightfully deserve.

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Posted In: Automobile Accidents , Personal Injury , Wrongful Death

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Another Crash Occurs on Dangerous Stretch of Staten Island Roadway

Alfred Spinelli, 37, was hospitalized after he crashed into a pole located on a controversial roadway on Staten Island, which many neighbors have said has been a dangerous roadway for motorists, the Staten Island Advance reports. Spinelli’s crash took place barely feet away from the location where four teenagers were injured days earlier when the driver lost control of her vehicle as she veered into a foot-deep drainage ditch and then crashed into a tree.

Julieann D’Amato’s father, Benny, said the city is responsible for the condition of Bloomingdale Road, which lacks a white line to delineate the edge of the asphalt. Benny D’Amato told the Advance that his daughter has been crying since the Staten Island auto accident and has been traumatized by it.

Thousands of Americans die each year because of dangerous conditions on roadways and intersections that are not properly maintained by municipalities or governmental agencies that are responsible for maintaining them. In this Staten Island case, the governmental agency in charge of that roadway failed to paint a white line or install some type of marker to caution drivers. It is basically poor road design on the part of the city.

People who get injured or killed on dangerous roadways have the legal right to sue the governmental agency responsible for maintaining that roadway, which caused them the injury. Victims must prove that a dangerous condition existed at the time of the accident, that the injuries were caused by such a condition and that the agency in charge had knowledge of such a deficiency on their roadway. Most states including New York have time limits within which such claims must be filed. So victims and/or their families would be well-advised to contact an experienced New York personal injury lawyer at the earliest to discuss their case and analyze their legal options.

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Posted In: Automobile Accidents , Personal Injury

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Former Blink-182 drummer who suffered severe burn injuries in an aviation accident has filed a product liability lawsuit against the aircraft and tire manufacturer seeking compensation for damages and personal injury. According to this news report, Barker alleges in his lawsuit that the Learjet crash caused him “great physical, mental and nervous pain and suffering.” Court papers also state that Barker’s injuries from the plane crash will result in permanent disability.

Barker has filed the lawsuit along with Thelma Martin Still, the mother of Barker’s associate Charles Still, who died in the Learjet crash along with three other passengers. Barker and DJ AM were the only survivors. Still has sued four companies for wrongful death, pain, suffering, mental anguish and loss of earnings. The companies that have been named in the lawsuit include Clay Lacy Aviation, Inter Travel and Services Inc., Goodyear Tire and Rubber Company and Bombadier Inc.

Product liability lawsuits may be filed when victims suffer personal injuries or lose a loved one as a result of a dangerous or a defective product. In this case, experts believe that a tire blowout may have caused this fatal aviation accident. The lawsuit also alleges that the companies involved knew about the defects in the aircraft, but still allowed it to operate.

The purpose of product liability lawsuits and goal of product liability lawyers is not only to secure fair compensation for injured victims or families that have suffered the loss of a loved one, but also to punish product manufacturers who knowingly put such dangerous and defective products in the market.

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Posted In: Aviation Accidents , Burn Injuries , Personal Injury

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Jennifer Mager, 37, was killed in an auto accident in Wading River Sept. 26, New York Newday reports. Mager was reportedly a passenger in the 2008 Toyota sport utility vehicle driven by her 49-year-old husband, Thomas Mager. Their 2-year-old daughter was also in the vehicle. Both her husband and daughter suffered injuries but they were not life-threatening.

The fatal auto accident occurred when a 2001 BMW traveling west on County Route 25A, drove into the eastbound lane and struck the family’s Toyota SUV. The driver of the BMW has been identified as 28-year-old David Jacobs of Port Jefferson. No criminal charges have been filed against Jacobs, the article reported.

When auto accidents are caused because of someone’s callousness or negligence, then victims and in some cases, their families may be entitled to significant compensation. This is particularly true in cases where the driver who made the error was under the influence of alcohol and/or drugs. DUI drivers are also criminally charged.

There may be many factors involved in an auto accident including driver negligence or error, defective auto product or product liability issues, mechanical malfunction, driving under the influence and/or a dangerous condition on the roadway. It takes a competent auto accident attorney with a thorough knowledge of the law to dissect these cases and obtain justice and fair compensation for victims and/or their loved ones. For a free consultation or to find out if you have a case, please call an expert NY auto accident attorney at Wingate, Russotti & Shapiro today.

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Posted In: Automobile Accidents

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The family of an Irish woman, who died after she had a face lift surgery in New York, has sued the plastic surgeon who they say is responsible for the death of 42-year-old Kay Cregan. The woman underwent the surgery performed by plastic surgeon Dr. Michael Even Sachs in his Manhattan Clinic at Central Park South on March 14, 2005, according to this news report. Cregan reportedly died three days later of heart complications in a recovery room at the doctor’s clinic.

Cregan flew from Ireland for the surgery and paid Dr. Sachs $32,000 for the treatment, which included an airport pickup by the doctor, the surgery and two weeks recovery in one of three Manhattan apartments. Cregan reportedly suffered complications the morning after the surgery and died two days later. The lawsuit, which also names the anesthesiologist, is filed by Cregan’s husband alleges negligence, carelessness and gross indifference on the part of the surgeon.

This is apparently not Dr. Sachs’ first medical malpractice lawsuit. In fact, he has been nicknamed “Dr. Botch” because he has been named in 33 malpractice cases in just over a decade. The lawsuit is seeking unspecified damages for the family’s loss. Cregan is survived by her husband and two young children.

At Wingate, Russotti & Shapiro, we have represented numerous victims of medical malpractice – patients who have suffered injuries or death because of negligence by a doctor, surgeon, anesthesiologist or other licensed healthcare providers. If you or a loved one has been injured as a result of a medical error or medical negligence, please contact our knowledgeable New York Medical Malpractice Attorney immediately to schedule a free consultation.

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Posted In: Medical Malpractice

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Anthony Esposito, a construction worker, plunged about 40 stories to his death from a Manhattan skyscraper that was being constructed by the developer of the World Trade Center, according to this news report. Esposito was a rigger on a crew dismantling a crane and is said to have fallen either from the crane or a 20-foot movable walkway linking it to the skyscraper. The fatal construction accident reportedly occurred on 42nd Street, where developer Larry Silverstein is construction two 60-story luxury apartment buildings.

In the United States, especially in New York City, the construction industry is not only large, but also high-risk. This is an industry that ranks third in the rate of injury causing fatalities – third only to mining and agriculture. For every 100,000 constructions workers, 15 die because of some injury. Some of the most common construction site hazards that result in serious death or injury include scaffolding accidents, crane accidents, fall, forklift malfunctions, electrocution and machinery accidents.

Continue reading "Fatal Manhattan Construction Accident" »

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Posted In: Construction Accident

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New York Daily News reported on September 27, 2008 that a bicyclist slammed into Nasreem Hossain, 38, mother of two, as she crossed a Brooklyn street.

The force of the impact from the Brooklyn pedestrian accident rendered her brain dead at the moment of collision. Six days after the incident her husband Howlader Hossain, 54, having lost all hope asked the doctors at Luthern Medical Centers to take his wife of fifteen years off life support.

Adding insult to this tragic NY pedestrian accident that caused irreparable brain damage is the police conclusion that no action would be taken against the 39 year bicyclist because Nasreem Hossain had walked against the light. "There should be a severe punishment," said Howlader Hossain, her husband. "This is not an accident. He could have moved out of the way."

If you or a loved one has been in a pedestrian accident involving a bicyclist that resulted in serious damage including brain damage in New York please contact the New York auto accident lawyers at Wingate, Russotti, & Shapiro. They have been specializing in serious pedestrian accident cases for over 18 years and have a proven success record. Please call 212-222-4336 for a free and confidential consultation.

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Posted In: Pedestrain Accidents

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The New York Daily News Reported on September 27, 2008 that Clarente Turner, a first grader, was being walked home after school by his mother when the two of them were struck on a Kings Highway median at E. 95th St. in East Flatbush. Clarente died instantly. His mother, Shawna Spaulding, 26, was taken to Kings County Hospital and was listed in serious condition with head, neck, back and leg injuries.

Residents are demanding that city officials slow down traffic on the dangerous Brooklyn intersection due to the fact that there are two schools nearby. An Apartment superintendant said that “everyday you see little kids on the street and cars coming right at them”. Clarente attended Public School 219, a block from the scene of the crash. Intermediate School 252 is also a block from the intersection - where five years ago a drunken driver killed a woman. Residents near the Brooklyn pedestrian crash said individuals walking across the street - particularly children - need more time to get across Kings Highway. They complained that cars often speed to beat a red light there.

Continue reading "6 Year Old Killed At Intersection" »

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Posted In: Pedestrain Accidents

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On Monday September 29, 2008 the associated press reported that two women became sick with meningitis after giving birth at Staten Island University Hospital; fortunately the two babies are healthy.

The city department of Health is investigating the cases. Hospital officials reported to the Staten Island Advance that the women’s spinal cords became infected after giving birth. The women are recovering after being placed in 24 hour isolation. Antibiotics are usually an effective treatment to meningitis which, left untreated, can be fatal.

Meningitis is a medical condition caused by inflammation of the protective membranes covering the brain and spinal cord. The inflammation is usually caused by an infection of the fluids in these protective membranes. Meningitis may develop in response to a number of causes, usually bacteria, viruses and other microbes, but also physical injury, cancer or certain drugs.

Continue reading "Delivering Mothers Become Ill With Meningitis After Birth" »

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Posted In: Medical Malpractice

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The New York Daily News reported on September 22, that the doctors at Elmhurst Hospital Center have named the most dangerous roadways in the borough of Queens. While Queens Boulevard is infamously known as the “boulevard of death” many other streets in the borough have also been deemed hazardous.

"It just seemed disproportionately high compared to other places around the city," said Dr. Jamie Ullman, director of neurosurgery at Elmhurst. "It's not really getting much better."

They looked at 998 cases of people in the ER who had been struck by vehicles while trying to cross busy borough streets. One particular hot spot was Queens Blvd. and 63rd Drive intersection and Roosevelt Ave. in the area between 64th and 69th Sts., as well as Northern Blvd. near the Brooklyn- Queens Expressway. "The number of pedestrians on Roosevelt Ave. makes it kind of difficult for both drivers and pedestrians," said Ullman.
Anju Galer the hospital's trauma coordinator said "We initially thought it might be mostly school-aged students and elderly people," Galer said she was surprised to find out most of the accidents involved people between the ages of 30 and 60 between the hours of 7am to 3pm. Dr. Ullman and Dr. Galer urge public awareness. "We need to educate the pedestrians in our area to be very careful about crossing the streets," Ullman said.

Continue reading "Dangerous Roadways In Queens Named By Hospital" »

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Posted In: Pedestrain Accidents

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