New York Injury Talk Blog

The family of a Wal-Mart employee, who was trampled to death inside a New York store during a post Thanksgiving sale, has filed a wrongful death lawsuit against the major retailer. According to this CNN news report, 34-year-old Jdimytai Damour was crushed as he and other employees tried to unlock the doors of the Wal-Mart at Green Acres Mall in Valley Stream, New York, the day after Thanksgiving.

The wrongful death lawsuit alleges that Damour’s death was caused by the “wanton disregard for public safety and gross negligence” on the part of Damour’s employer. Damour’s family was shaken up after they heard that he died of asphyxiation.

Trust, refused comment on the lawsuit in a statement issued Wednesday.

Many details about how this could have occurred at a large retail outlet will hopefully emerge as a result of this wrongful death lawsuit. Did Wal-Mart have enough security in its store to make sure employees were safe? Were employees given adequate training about how to handle the large crowds especially on Black Friday when the number of people crowding stores like Wal-Mart is exceptional?

If Wal-Mart is determined to have been negligent in training its employees or providing them with adequate security then they will likely be held liable for the wrongful death of Jdimytai Damour. A wrongful death claim is typically filed in cases where there is evidence of negligence or wrongdoing on the part of a defendant that caused the plaintiff’s death. In such cases, defendants may make a claim for compensation to cover medical or funeral costs, loss of wages, pain and suffering and other damages.

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Posted In: Wrongful Death

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Cooper Tire is recalling its defective CS4 Touring (VR) tires because the tire treads can separate causing a loss of vehicle control and a crash. According to this news report, the faulty tires may have been cured for an inadequate amount of time, which can lead to the tire tread separation. The defective tires, size 215/55R17, were manufactured in China between September 7 and October 11 of 2008.

Cooper Tire will notify owners and replace, mount and balance any defective tires free of cost. Dealers will also examine suspect tires to make sure that they are part of the recalled batch of tires. The recall effectively began on December 18, 2008. Consumers who have questions about this recall are asked to call Cooper Tire at 1-800-854-6288 or visit National Highway Traffic Safety Administration’s (NHTSA) Web site at www.safercar.gov.

Tire tread separation is a serious problem in tires that could lead to accidents resulting in catastrophic injuries or death. When the tire tread separates, even an experienced driver can lose control of his or her vehicle and crash the vehicle. If you have been seriously injured because of a defective tire in New York, you are entitled to compensation from the tire manufacturer to pay for medical expenses, cost of medication, loss of wages, pain and suffering.

If you or a loved one has been injured or killed because of a dangerous or defective product in New York, please call the Law Offices of Wingate, Russotti and Shapiro LLP. for a free and comprehensive consultation.

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Posted In: Product Liability & Recalls

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A 27-year-old woman has filed a lawsuit against New York Giants wide receiver Plaxico Burress alleging that he is responsible for a Florida car crash in May that left her with neck and back injuries. According to this news report, Alise Smith’s lawsuit states Burress rear-ended her vehicle on Florida’s Turnpike in Tamarac. She is seeking more than $15,000 for medical bills, lost wages and damages to her car.

Her lawsuit states Smith was buckled up when Burress rear-ended her because he failed to maintain a “safe braking distance” and did not maintain a proper lookout or exercise reasonable care. Burress is also facing traffic citations in South Florida in connection with the auto accident Smith has sued him for.

If you have suffered injuries in an auto accident in New York that was caused because of someone else’s carelessness or negligence, then you are entitled to compensation for medical expenses, cost of hospitalization or medication and lost wages. If a driver caused the accident because he or she was under the influence of alcohol or drugs; if he or she was distracted; or simply because he or she was careless or reckless, then he or she should be held civilly responsible for the accident, injuries and damages caused as a result.

In cases where a fatal accident is caused by negligence or wrongdoing, the family of the deceased victim may file a wrongful death claim, which would compensate them for the loss of a loved one as well as for lost wages. If you or someone you love has been injured in an auto accident caused by someone else’s careless, recklessness or negligence, please call an experienced New York auto accident attorney at Wingate Russotti & Shapiro LLP. for a free consultation.

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Posted In: Automobile Accidents

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Full details have yet to be confirmed, but it appears that another New York airplane accident has occurred, this time just outside of Manhattan. A US Airways plane crashed into the Hudson River today, January 15th. There were no initial reports of deaths or serious injuries.

A Federal Aviation Administration representative says the US Airways Flight 1549 had just taken off from LaGuardia Airport en route to Charlotte, N.C., when the crash occurred in the river near 48th Street in midtown Manhattan.

The US Airways Airbus 320 was carrying 150 passengers, who were forced to board rescue boats after the accident to avoid the icy waters of the Hudson. The plane was submerged in the waters up to the windows. Rescue crews worked quickly to pull the US Airways crash accident victims from the plane, which appeared to be slowly sinking.

It appears that the plane struck a bird or a group of birds during takeoff, which disabled two of the planes engine and caused the New York airplane crash. At this time, government officials did not believe the crash was related to terrorism.

“There is no information at this time to indicate that this is a security-related incident," Homeland Security spokeswoman Laura Keehner said. "We continue to closely monitor the situation which at present is focused on search and rescue."

The New York aviation accident attorneys at Wingate, Russotti & Shapiro are currently investigating potential claims regarding this US Airways plane accident. For more information, contact our offices at 212-986-7353.

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Posted In: Aviation Accidents

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General Motors has recalled about 16,000 of its 2009 models of its Buick Enclave, Chevrolet Traverse, GMC Acadia and Saturn Outlook because of a problem with the rear seat belt buckle assembly. According to this report, the sport utility vehicles may have been built with a safety buckle in the second or third row that is missing a rivet. So, during an auto accident, the defective seat belt buckle could separate from the mounting strap leaving the passenger completely unprotected.

If you own one of these vehicles, please take them right away to your Buick, Chevrolet, GMC or Saturn dealer. They will inspect the buckles or replace them if necessary. For more information, vehicle owners may visit www.gmownercenter.com or the National Highway Traffic Safety Administration’s Web site at www.safercar.gov.

Seat belt defects are unfortunately very common. This is worrisome because seat belts perform a key role in protecting the occupants of a vehicle. A properly designed and manufactured seat belt should restrain the occupant by preventing them from getting ejected and preventing violent movement within the vehicle during a crash. Statistics have shown over the years that auto accident fatalities have actually gone down in the United States because of increased seat belt use. But a number of people also die each year because of defective seat belts that do not protect occupants as they should during an auto accident.

If you or a loved has been seriously injured because of a seat belt defect or any other auto product defect, please contact the Law Office of Wingate, Russotti & Shapiro LLP. for a free consultation. We will fight for your rights and make sure that you are fairly compensated for your injuries and loss.

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Posted In: Product Liability & Recalls

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A New York City Fire Department truck crashed into a city bus when it was responding to an emergency, injuring 30 people. According to this United Press International news report, the December 16, 2008 NY bus accident occurred when the fire truck was speeding to a car fire Tuesday and crashed into B15 bus. The impact from the crash pushed the bus onto a nearby sidewalk and into a set of concrete barriers.

The bus reportedly suffered significant damage. Witnesses told officials that the bus looked like a “crumpled beer can.” Two firefighters who were on the truck were treated for concussions. Nobody on the bus suffered major injuries, the news report said.

This is a scary New York truck accident that could have resulted in something a lot more serious. It is indeed fortunate that nobody was fatally or serious injured in this New York bus versus fire truck accident. Hopefully, a thorough investigation into this incident will reveal what went wrong here. Were the firefighters operating the truck following all safety procedures? Was it their fault or the bus driver’s fault for not paying attention to the approaching fire truck?

If this accident was the fire engine operator’s fault then the city could be held liable for injuries caused. But if this accident is a result of the bus driver’s negligence, then the bus company could be held liable for the accident and resulting injuries. The injured victims in the bus would be well-advised to contact a New York personal injury lawyer who will take a good look at this case and advise them about their rights to compensation. If you have been injured in a New York auto accident, please call Wingate, Russotti & Shapiro for a free and comprehensive consultation.

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Posted In: Bus Accidents

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Evenflo is recalling close to 95,000 Majestic high chairs because these products pose a hazard to children when some of the parts come loose and seat backs fall off. According to this Associated Press news report, there have been a number of reports of injuries among children who were placed on these defective chairs – from broken bones to head injuries. Evenflo officials also said that they received more than 1,000 reports of plastic caps and screws falling off the high chairs and 140 reports of seat backs reclining or detaching.

These high chairs were reportedly made in China and sold nationwide at children’s stores such as Toys’R’Us, Babies ‘R’ Us, Burlington Coat Factory and Shopko as well as online at walmart.com from January 2006 to May 2007. For more information, please visit their Web site at www.majestichighchair.com.

We have seen a number of defective children’s products being recalled just this year from children’s furniture such as toddler beds, cribs and bassinets to lead-tainted toys made in China. These defective products have left several young children in the United States injured or dead.

If your child has been injured or killed because of a defective product in New York, or any state, you could be entitled to compensation. No amount of money could compensate for the loss of a child. But the money you get as compensation could help with paying for medical or other expenses related to the injury and help you move on with your life. It will also serve as a penalty to the manufacturers of these defective products.

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Posted In: Product Liability & Recalls

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A former NASCAR official has agreed to a confidential settlement in connection with a $225-million racial discrimination and sexual harassment lawsuit she filed against her former employer. According to this Associated Press news report, Maurica Grant is happy with the settlement whose terms were not disclosed. Neither side admitted liability or wrongdoing.

Grant alleged 23 specific incidents of alleged sexual harassment and 34 specific incidents of alleged racial and gender discrimination during her employment. Grant, who worked as a technical inspector responsible for certifying cars in NASCAR second-tier claimed that she was referred to as “Nappy Headed Mo” and “Queen Sheba” by co-workers and was often told that he worked on “colored people time.” Grant also said she was intimidated by officials who made routine references to the Ku Klux Klan and was subjected to sexual advances from male co-workers.

Discrimination and violation of civil rights – whether at the workplace, in school or anywhere else – are wrong and should not be inflicted on any individual. The lasting effects of such discriminatory acts can be demoralizing and may cause severe emotional trauma and lasting psychological scars for the victim.

If you or someone you know has been the victim of such discrimination, please call the New York personal injury attorneys at Wingate, Russotti & Shapiro LLP. Our New York attorneys will work diligently to protect your rights and put an end to the injustice you are facing. Please call us today for a free consultation.

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Posted In: Workplace Injuries

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