New York Personal Injury Lawyer Blog

The defendant, also the third party plaintiff in this case, has filed for a motion for summary judgment and to dismiss the third party complaint against another third party defendant. The defendant included in its motion also asserts that the insurance company must pay the housing company as part of the terms of liability.

According to a New York Injury Lawyer, the housing company has taken note of this motion and has moved for a summary judgment that would dismiss the allegations made against it. The insurance company has also filed a motion to dismiss the complaint of the third party. The main plaintiff in this case filed a motion for the court to provide her with partial summary judgment against the housing company.

According to the information presented, the plaintiff filed a complaint for sustaining personal injuries due to a trip and fall accident. The accident happed on the sidewalk just outside the property of the defendant. The plaintiff has alleged that she tripped and fell on the uneven sidewalk. The housing company was said to be the building owner while the restaurant belonged to a tenant including the space that leads to the sidewalk on the accident site.

A Nassau County Personal Injury Lawyer explained that based on the provisions of the law, the owner of the building that fronts a sidewalk has the duty and responsibility to maintain and repair the sidewalk in case of defects. The owner must ensure that his property is safe at all times. It is the owner of the property who will be liable for any injury claims. The failure to maintain a public sidewalk consists of a failure to create, reconstruct, repair and remove unnecessary material on the sidewalk.

Upon review of the provisions of the law, the landlord or the owner of the property cannot delegate or transfer this duty to anyone. Despite the fact that the owner of the property cannot escape its duty to maintain the safety of the sidewalk, the law does not provide a strict liability to be observed. The liability of the property owner will only be imposed when the owner has been proven to create or cause the defect. The owner will also be liable to the plaintiff if it has received due notice of the sidewalk defect. As owner and property landlord, a contract agreement can be entered between the tenants by acquiring liability insurance for the benefit of all.

According to the court findings, the statements of the witnesses do not corroborate with the testimonies given before the proceedings. In this regard, the housing company or the property owner has failed to establish whether or not there was prior notice before the accident.

The owner had signed a lease with an estate owned by a woman. After almost a decade, the spaces were sublet to other tenants. One of the tenants was a restaurant. It was considered a store lease. After another two years, the basement space was leased to a realty corporation.
According to the lease presented, the document contained provisions that the tenant should maintain, repair and ensure the safety of defective premises. This includes the sidewalks. They should be free from any defect. The lease also contains provisions that the tenants are responsible for maintaining the internal and exterior premises. The sidewalk is considered a part of exterior premises.

After all the facts and evidence are presented, a Queens Personal Injury Lawyer said the issue of whether or not the owner of the building showed negligence in failing to repair the sidewalk had not yet been decided by the court. However, the court has denied the motion for summary judgment by the defendant and owner of the property including the motion to dismiss the case.

If you require the services of an expert attorney, consult Stephen Bilkis & Associates. Our legal team is competent and knowledgeable in injury cases. If you are in need of legal assistance, Stephen Bilkis & Associates are ready for your visit in their downtown offices.

At around 7:00 to 8:00 pm on September 11, 2002, a lady was walking on the sidewalk of Second Avenue to meet a friend at a yogurt shop. When she reached the part of the sidewalk halfway between East 46th and East 47th Streets, her foot turned and twisted to the left and then to the right. She lost her footing and her balance and she fell on the sidewalk.
That part of the sidewalk where she fell abuts a building named after a former Secretary-General of the United Nations Organization. The building was managed by a subsidiary of the corporation that owned the building. The woman sued the City of New York, the building owner and the building manager.

According to a New York Injury Lawyer, the City of New York, the building owner and the building manager all filed motions for summary judgment asking that the complaint be dismissed. The building owner and manager argued that the complaint should be dismissed because the lady could not say what caused her to trip and fall; that it had no duty to maintain the sidewalk as it derived no special use of the sidewalk; it did not create the defect of dangerous condition on the sidewalk. The City of New York argued that the defect that the lady alleged to have caused her accident is too trivial to be actionable; and even if it were not too trivial, the City never caused or created the defect and the defect was not proven to be the immediate cause of her trip and fall.

The Court looked at the deposition testimony and noted that the lady really testified that she had no idea what caused her to trip and fall. All she remembers is that she put her foot down, her foot wobbled and she lost her balance and fell. The lawyer cross-examining her on deposition asked her if she felt her foot hit something or if her foot got wedged in a crack or if she tripped on a raised sidewalk flag. But the lady consistently answered that she could not account for any reason why she would fall. She said that she never saw what caused her to fall before she fell and she did not go back to the sidewalk until a month after her accident and she saw that the sidewalk was still as cracked and uneven as on the day she had an accident but she could not pinpoint where she fell or what caused her to fall.

A Nassau County Personal Injury Lawyer, the Court noted that during her deposition identified cracks, raised and holes in the sidewalk from a photograph she had taken of the sidewalk. She announced that these were examples of the cracks that she saw on the sidewalk on the day she came back which was about one month after her accident. But, even when pressed and prodded, she was unable to pinpoint which crack or uneven sidewalk flag caused her to trip and fall.

The Court noted that the cracks may not be trivial as some of the cracks were deep, but without any evidence as to which of the many cracks or uneven sidewalk flags caused the lady’s trip and fall, all proceedings would be based on surmises and suppositions and not on facts. Therefore, the Court resolved to grant the motions for summary judgment and dismiss the complaint for failure of the complainant to identify the cause of her trip and fall.

A Queens Personal Injury Lawyer said that the lady in this case wasted precious time and money filing a lawsuit for damages for a trip and fall that she could not prove. Perhaps you have also tripped and fallen. You sustained injuries and you want to sue. Do you have a case? You need to meet with an attorney who can evaluate the facts of what happened to you to see if you do have a viable cause of action in court for damages. At Stephen Bilkis and Associates, they have well-trained lawyers who are experienced in building cases and gathering evidence you will need to pursue your claim. Do not sleep on your rights and do not bring a suit that is not well-researched or well-presented. Confer with Stephen Bilkis and Associates who can evaluate your case and inform you of your rights. Do not delay; contact Stephen Bilkis and Associates today at any of their offices conveniently located around the New York area.

The plaintiff has filed a complaint against the defendant for sustaining personal injury due to a trip and fall accident. The plaintiff was boarding a plane at the airport when she suddenly tripped and fell to the ground. The plaintiff cited the slippery and defective condition of the floor of the airplane as the cause of her fall. She asserted that such defective condition has been existing inside the plane.

According to her testimony, the accident happened near the entrance of the plane. The weather on the day of the accident was described as a little snowy. There was also a little rain during that time. The plaintiff recalled that her name was called while she was still inside the bathroom. She noted that her flight was earlier than the expected time. The plaintiff was actually the last person to go aboard.

The plaintiff further described the incident. While walking towards the plane, she was aware of her steps and looked at the metal steps and the plane. A NYC Personal Injury Lawyer said she plaintiff saw the flight attendant and the next thing she knew, she tripped and fell. She added that she was walking towards the plane in her usual normal pace. She was looking at the attendant when she tripped. The plaintiff was not using her phone nor looked at anything that will distract her from going to her destination.

In her statements, the plaintiff looked down on the floor to see what caused her fall. The plaintiff identified what she saw was moist and icy dirt. She said that she did not know where the substances came from.

An airport and airline employee testified for the defendant. According to the airport operations manager during the day of the incident, he was in-charge of manning the boarding gate agents and those who are working at the ticket counter. He was also responsible for handling complaints and other unusual issues that might arise while on the job. These issues would cover personal injuries and problems in the boarding and gate area.

A New York Injury Lawyer said that during the time of the accident, the witness was stationed on the terminal of the plaintiff’s assigned plane. According to his statement, there are delegated teams who are responsible for cleaning the interiors of the aircraft. Before the employee’s company can perform inspection, the airline uses a third party service to clean the planes. The witness cannot remember which group was responsible for cleaning the plane.

The witness further asserted that when there is snowfall, the airline employees will be the ones to check the airline door and the interior of the plane for any accumulation of snow. Employees are responsible for cleaning the gates if in case they find weather debris. On the day of the accident, the flight was supposed to be delayed because of the weather. The passengers who were already on board were asked to disembark because of the weather. The witness also saw the plaintiff running or doing a little brisk jogging towards the gate. He called out that she did not have to run since the plane was delayed.

According to a Nassau County Personal Injury Lawyer, another witness for the defendant was a flight stewardess present during the plaintiff’s flight. According to her testimony, she did not see a wet spot or slippery area by the gate of the plane. She said she was certain there was nothing there since all employees are responsible for removing any condition that may endanger passengers.
The court has determined that the ice wet dirt observed by the plaintiff after she fell might have come from the passengers who disembarked and went on again. It may have come from their shoes since they went back and in the plane. Therefore, the motion for summary judgment was granted and the case dismissed.

Any kind of lawsuit can disrupt your life. Avoid this by hiring skilled legal counsel. Contact Stephen Bilkis & Associates for an immediate meeting. The legal services of our legal team can assist you in your personal injury case.

An 18-year old high school student was struck by a car while walking in a middle school crosswalk. The driver fled the scene after the incident, reported a New York Injury Lawyer. The girl was not seriously injured, but was taken to a local hospital for the treatment of minor injuries. Witnesses say the car, driven by an older woman, drove off after hitting the girl. Police are currently looking for vehicle and the driver.

Charges may be pending for the driver who struck the student and left the scene. Police are asking those in the community with any information to step forward. The woman was driving red sedan. She had a dog with her in the passenger seat. The woman should have stopped after realizing she struck the girl and waited for police.

The woman was leaving the middle school parking lot when the accident occurred. Instead of yielding to make sure the crosswalk was empty, the woman turned her vehicle and hit the girl. Luckily, the girl was not seriously hurt. Even when walking in crosswalks pedestrians need to be cautious as some drivers do not pay attention when making turns out of driveways.

It is unknown if the woman was under the influence of drugs or alcohol at the time of the accident or if she simply did not see the girl as she turned into the crosswalk. It is unclear if the woman will have to surrender her license or attend driver safety classes after she is found. She may have to pay a fine or go on probation for injuring another person and fleeing a crime scene. Unfortunately, there is little evidence to go on other than a vague description of the woman and her vehicle, claims a Nassau County Personal Injury Lawyer.

Even though the girl has been released from the hospital, little is known about her condition. It has been assumed that her injuries were not severe and that she is able to attend school and go about her usual schedule. Had her injuries been more serious, she may have needed additional medical care.

Contact Stephen Bilkis and Associates if you've been injured at work, home or at a public place. Whether you have suffered a head injury, broken bone or back injury, we can help. Our legal team will explain your rights and inform you of your legal options.

We have offices throughout New York City to serve you, including locations in Manhattan, Queens, the Bronx, Staten Island and Brooklyn. We also have locations in Nassau County and Suffolk County on Long Island, as well as Westchester County. Call us today for a free consultation at 1-800-NY-NY-LAW.

As New York Governor Cuomo proposes legislation that seeks to limit pain and suffering awards to $250,000 in cases involving medical malpractice, there is at least one woman who disagrees with his proposal. This mom also happens to be a practicing physician, which gives her some rather unique perspectives that can only be understood by someone with experience from both sides of the issue. In this instance, the practicing doctor is also the mother of a 13-year old boy who is the victim of medical malpractice.

While her son’s award was awarded several years ago and is not subject to the governor’s proposed cap, she is aware of the day-to-day responsibilities in caring for someone who has been injured due to medical malpractice. A New York Injury Lawyer learned that her son must be attended full-time, as he is unable to walk or talk. His cerebral palsy was caused by medical negligence, which leaves the youth confined to a wheelchair and unable to go though any of the daily things that many people take for granted, such as eating, getting dressed, bathing, and even going to the toilet. Her son also needs a motorized wheelchair and a van with wheelchair access in order to travel anywhere.

Dr. Mom is also at least one physician who takes her responsibility seriously and recognizes there are times when the human factor becomes involved that specifies that we all make mistakes. As was also reported to a Nassau County Personal Injury Lawyer, that she and other physicians, must “live with the reality” that they may cause someone irreparable harm and that they will be sued. While the thought of a potential lawsuit sounds extremely unpleasant to her, her thoughts are also with the potential victim of any such errors. She is all too aware of this by her own experience.

Although the state budget must be brought into line with economic realities, at least one of the things that tend to be overlooked is the realities that victims of medical malpractice must endure daily and for the rest of their lives. They too face certain economic hardships and uncertain futures, and many must do so without the ability to seek gainful employment and must rely on the compassion of others just to survive each day.

The budget debate will likely continue, at least for a short time. All the while people like Dr. Mom will continue to raise their children who have been placed in harm’s way due to the negligence of someone else. When asked as to whether an award of $250,000 would have been sufficient to care for her son for the rest of his life, her reply was a simple, “Absolutely no way.”

According to initial reports from a New York Injury Lawyer, a man from Ventura was arrested late Thursday night thought to be drunk driving after driving the wrong way on Highway 101.

The man, as well as two others, were harmed in the crash. The man was arrested and given a sobriety test, which he apparently failed. It is believed that the man has previous drunk driving arrests on his record.

A Nassau County Personal Injury Lawyer close to the case was led to believe that the man was arrested on suspicion of felony DUI as well as driving with an expired license. He was then allowed to leave for treatment of a broken bone and facial fractures at Santa Barbra Cottage Hospital, according to reports from the CHP.

Reports were received by the CHP somewhere between 8 and 9 that Wednesday night that a vehicle was driving the wrong way on northbound 101 close to Casitas Pass Road and then there was also an accident involving four to five other cars north of Bailard Avenue. An early investigation found that the driver had entered the freeway going to the wrong way at Casitas Pass Road, it one car on the side before hitting two others and careened into the center median and turned over multiple times, reports the CHP.

The driver was extricated by faculty from the Carpinteria Fire Department. One of the passengers in his car suffered cuts and bruised and was taking to Santa Barbara Cottage Hospital as well. The passenger was treated and immediately released after questioning.

One of the drivers of one of the vehicles that was hit, a 31year old woman of Santa Barbara, was also extricated and rushed to Cottage Hospital for a broken leg as well as a broken hip, says the CHP. As far as anyone knows, the other people involved in the wreck are unharmed at this time.

Northbound 101 was closed for approximately three hours after the investigation for cleanup and further investigation into the cause of the accident.

Continue reading "DUI Caused Wrong Way Crash" »

A young girl suffered a variety of injuries after a car crash caused by her mother who may have been driving while intoxicated. The mother sustained minor injuries. The accident occurred on a Wednesday around 6:30pm on a California state highway. Police on the scene asked the mother to submit to a breathalyzer test, but she refused, instead opting for a blood test. A New York Injury Lawyer points out that those suspected of driving while intoxicated are given a choice between a breathalyzer and blood test in the state of California. The test results should provide additional information about this case.
If found guilty of driving while intoxicated, the mother may face a host of charges including driving under the influence and child endangerment. Even though the mother insists both she and the girl were wearing their seatbelts at the time of the accident, the police department will neither confirm nor deny her claim. Further investigation into this accident is needed before any charges are filed. The mother has since been arrested for suspicion of driving while intoxicated. No other vehicles were involved.

The girl, who is in serious condition, was taken to a nearby children's hospital. It is unclear how long she will have to stay in the hospital. If the mother is found negligent, the girl may have to live with relatives or be placed in foster care on a temporary or permanent basis, claims a Nassau County Injury Lawyer. Future court hearings may be necessary to determine the best place for the girl. Depending on the severity of her injuries, the girl may need additional care after leaving the hospital.

Currently, the mother is in jail awaiting a court date to determine if charges will be filed. Bail has been set at $55,000. This situation is not usual for someone who may be charged with driving under the influence and child endangerment. Keeping the mother in jail prevents her from operating a vehicle while intoxicated for the time being. It is unclear if the girl will have to testify as to her mother's behavior the night of the accident.

If you have suffered injuries due to an accident including a head injury, broken bone, or back injury, it is important to you contact Stephen Bilkis and Associates for guidance. You may be entitled to compensation for your injuries including reimbursement for medical expenses, pain and suffering, and loss of income.

Continue reading "Mother Arrested for Child Endangerment Following a Car Crash" »

A family involved in a fatal car crash is survived by the father who was injured after a pick-up truck hit their car. The man's wife and two young children were killed instantly after their car was cut in half by another vehicle. The driver of that vehicle was also killed, states an New York Injury Lawyer.

The father was taken to a nearby hospital and treated for his injuries. The extent of those injuries is unknown at this time. The father should be released soon and now has to plan a funeral for his family. The children, ages five and two, were killed instantly and did not suffer. They were pronounced dead on the scene by emergency medical personnel. The wife was also pronounced dead at the scene as was the driver of the other vehicle.

It is unclear how this car accident occurred, but speed may have been a factor. The driver of the truck may not have seen the car or was trying to pass it which caused the accident. Further investigation is needed to determine the exact cause of the accident. The man in the truck may have suffered a medical emergency such as a stroke or heart attack at the time which caused him to lose control of his vehicle. A medical examiner's report should provide law enforcement with important details as to the man's medical condition at the time. This report will also reveal if the man was under the influence of alcohol or illegal substances.

A Nassau County Personal Injury Lawyer points out that regardless of how the accident was caused; a father must now lay his family to rest. This must be a very difficult time for the family. Funeral arrangements are unknown at this time. The area where the accident occurred is small so everyone in the community is mourning for the loss of a young family. The 5-year old boy attended a local elementary school and many in the community were fond of him. It is unknown at this time where the funerals will be held for the family or the driver of the truck.

If you or a loved one has been injured in an accident, it is important to speak to legal counsel right away. You could deserve compensation for your injuries, that can include reimbursement for lost income, medical expenses, and pain and suffering. Act promptly however, as there are strict filing deadlines on these types of cases. If you miss these deadlines, you could lose your right to file an action.

Continue reading "A family involved in a fatal car crash is survived by the father " »

A recent study of orthopedic surgeons suggests that many order unnecessary MRI's, bone scans, x-rays and other tests to protect themselves in the event of a lawsuit. The study, which was conducted on a volunteer basis, compiled anonymous responses from members of the Pennsylvania Orthopaedic Society. A New York Injury Lawyer states that these responses demonstrate an overwhelming number of surgeons order tests on patients that are not essential to their care. These tests are expensive and increase the cost of health care for patients and health care centers each year.

The study claims that surgeons with at least 15 years of experience or those who have been sued in the past five years are most likely to order unnecessary tests. If sued, surgeons can better defend themselves by producing these test results, especially if sued for medical malpractice This is the first study published that relied mostly on responses submitted anonymously. Other studies have compiled outside data such as percentage of lawsuits, number of tests ordered per year and the concentration of surgeons in one area.

This information is valuable not only to surgeons and hospitals, but also to insurance companies and patients. Before agreeing to a test, patients may need to be more diligent in asking their physician why the test is necessary in the first place, a Nassau County Personal Injury Lawyer advises. As healthcare costs continue to rise, many insurance companies may be reluctant to pay for certain tests. This cost may fall on the patient's shoulders instead.

It is unclear if further studies relying on anonymous replies from surgeons in other medical societies will be conducted. While it is worth investigating how many surgeons use these tests to defend themselves from lawsuits, many still use these tests to help treat patients. Questioning why tests are conducted may limit patient care. And while some cite the rising costs of malpractice lawsuits as the reason for the rise in healthcare costs, others agree the quality care comes at a price. Further studies may need to be conducted to determine if surgeons from different regions order unnecessary tests and if this varies from region to region.

If you have been a victim of medical malpractice, or have been injured in an accident, it is important to speak with legal counsel promptly. You may be entitled to compensation for your injuries, including reimbursement for medical expenses, loss of income, as well as pain and suffering. It is important to not delay, because there are strict time deadlines for filing certain types of claims. If these deadlines are missed, you will permanently lose your right to file your case.

Continue reading "Surgeons May Order Unnecessary Tests and Scans to Protect Themselves if Sued Later on" »

In 1993, Larry King propped a young man into the spotlight on a night when many extra had tuned into his show in expectation of political commentary. (It was the night after Inauguration Day in Washington, after all.) King introduced a young man from Florida who had filed a claim against a cellphone manufacturer, and a carrier of that cellphone brand. He claimed that radiation from their phones had caused or accelerated the growth of a brain tumor in his wife.

“The tumor was exactly in the pattern of the antenna,” a New York Injury Attorney remembers the man saying. In 1989, the man’s 31-year-old wife was diagnosed with a malignant astrocytoma, which is a brain cancer that occurs in about 6,000 American adults each year.

To the husband, the shape and size of the tumor unmistakably resembled a malignant shadow of the phone. He saw a hazy line swerving from the left side of her midbrain to the hindbrain, and like cloud watchers, assumed the shape was an exact replica of his wife’s phone antenna. According to him, his wife was known to hold her phone at exactly the angle shown in the images of the tumor.

She underwent surgery for the cancer, but it had little to no lasting effect. She died before she hit her 34th birthday. Her husband was convinced radiation from her phone was the cause.

This case was the first tort suit in the U.S. to claim a link between phone radiation and brain cancer; it illustrated the most complex conceptual problems in cancer epidemiology.

The Circuit Court was quick to discern just how complex the matter was. It empathized with the husband’s search for a tangible cause for his wife’s cancer, but it had to admit that there was too little information and scientific knowledge on the subject to pursue a case. The court rejected his case and told him he needed to supply testimony from an expert who had a deeper comprehensive knowledge of cellphones, brain cancer and any possible links between the two.

Information in such cases is hard to identify and link directly to an illness or injury. A Nassau County Personal Injury Lawyer commented that their office would be vigilantly watching for any and all news that affects their clients and the public at large.

Continue reading "Do Cellphones Cause Brain Cancer? " »

A woman was struck by a patrol cruiser as she walked home one rainy night in April. She died soon after from her injuries. As she walked home in the rain, the 63-year-old office worker was hit by a police car at 10:41 p.m. on a Saturday night.

She was taken to the hospital, but it was already too late – she was pronounced dead at 11:25 p.m. She was almost home – just a few blocks away, when the accident occurred, likely caused in part by the stormy weather which had been prevalent during that time.

The officer, from the suffered some minor bruises to his knees and also went to the hospital, but was later released. When he hit the woman, he was on patrol. His identity has not been released by Nassau police, and the investigation is still ongoing.

It was almost the first night of Passover and the victim’s family had been looking forward to spending it with her. Instead, they are arranging for her memorial.

According to the victim’s son-in-law, the victim was a warm and friendly person who enjoyed having family and friends over for holidays. He told a New York Injury Lawyer she was “very friendly and sunny, and just a happy person, fun to be around.” She “loved to celebrate the holidays, hosting holiday celebrations. We were supposed to go to her house tomorrow night for the first seder,” he said.

There is no amount of money that can erase a tragedy or make up for a loss in a wrongful death incident, but that doesn’t mean justice should be abandoned in the face of grief or pain.

Continue reading "Beloved Mother Struck and Killed by Patrol Car" »

A Morgan Hill Police Sergeant told a reporter that a driver was seriously charged with a felony when the passenger in her car was injured in the car crash. The car got out of control and hit a tree when the passenger received the injuries.

The police reported that they went to the scene to investigate the accident. The media carried the story and it was learned that the young man was only 17 years old. The Police reported that the driver seemed to be intoxicated while driving.

The facts seemed to agree with the legal aspects of the situation and render this as an unfortunate incident for all who were involved. According to reports, the passenger in the vehicle became unconscious when the police arrived at the scene. It was apparent that he had visible signs of injuries to her face. A helicopter took the injured man to the hospital nearby and he was taken to the intensive care unit where he received treatment for this serious condition.

It seemed that the passenger received some head injuries as well and needed to be stabilized. Concerned relatives rushed to the hospital to be with their loved one. According to Police, the passenger may also have been intoxicated at the time that the crash took place. However, Police were unable to do a breathalyzer test on the passenger due to his injuries. The driver received injuries to her ankles and to her wrists and she, too was taken to the hospital after which she arrested on a DUI charge. Nassau and Suffolk counties are hard on these cases.

Continue reading "DUI crash cause critical situation" »