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.

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The defendants of this case had filed for a summary judgment requesting dismissal for the personal injury complaint of the plaintiffs. The defendants have further claimed that the plaintiffs had failed in establishing that the alleged cause of their trip and fall was a defect on the premises. The defendants also contested that the reason for the plaintiffs’ fall was a trivial matter.

According to the plaintiff, she sustained personal injuries because she tripped and fell on the sidewalk just outside of the popular fast food chain. The restaurant and the physical property were owned by the defendant.

According to a New York Injury Lawyer, the plaintiff said in her testimony that the weather conditions on the day of the accident were cold. She went on to say that there was no snowfall or ice on the ground. The plaintiff is a regular user of the sidewalk in question since she used that route when getting to and back from her job. According to the plaintiff, there was not much room to move around on the sidewalk. She couldn’t have avoided the accident that day. She allegedly tripped on the uneven part of the sidewalk fronting the defendant’s premises. She also added the sidewalk was not crowded during that time.

On the other hand, a Brooklyn Personal Injury Lawyer said that the defendant contends that the height difference of the sidewalk is a trivial matter when it comes to the provisions of the law. The matter was not established as to the alleged defect being considered dangerous.
The plaintiff presented in her deposition specific pictures of the scene and the conditions that caused her to trip. She also asserted that there were no objects on the sidewalk or any precipitation since the weather was only cloudy that day. The plaintiff only cited the sidewalk as the cause of her fall.

According the law, a Bronx Personal Injury Lawyer explained that such defect on the sidewalk is trivial since it was not meant to be a trap. This trivial defect does not oblige the owner of the premises to act during instances that a pedestrian may happen to fall or stumble on uneven sidewalk.

The court has also found no evidence on the uneven sidewalk posing a threat by reason of its location. The sidewalk also does not pose a threat when there is a change in weather condition.

In summary of the plaintiff’s opposition to the defendant’s summary of judgment, the plaintiff asserted that the defendant was responsible for every part of its premises. She pointed out that the defendant had been using the sidewalk for its own special purposes. According to the plaintiff, the defendant had prior notice of such defect and failed to repair it. The defendant’s failure to repair the defect should be considered as negligence. The plaintiff also cited the provisions found on the administrative code since the code also debunks the trivial matter question.

According to the lease document of the defendant, there was a reference made regarding the condition of the sidewalk. The terms of the lease had included that the defendant was in-charge of repairing the said defect on the sidewalk. Yet, the defendant failed to repair it as provided by the terms of the lease.

However, the plaintiff in this case has not presented evidence that would constitute the sidewalk defect or uneven height differential as a trap or threat to pedestrian safety. The unevenness of the sidewalk was found to be only a trivial matter and does not hold the defendants liable for damages. Therefore, the court grants the summary of judgment as requested by both defendants – lessor of the property and the operator of the fast food chain. The personal injuries claim of the plaintiff is denied and the case dismissed.

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A taxi driver was walking alone a sidewalk in Woodside, New York at 6:00 a.m. He was on the sidewalk outside 60-01 31st Avenue when he stepped on a raised and elevated sidewalk flag. This caused him to trip and fall. He fractured his right arm as a result of the trip and fall and he sued the owner of the premises as well as the two tenants of the premises who had shops abutting the sidewalk. The taxi driver’s wife joined the suit. She claimed damages for personal losses she sustained as a wife who lost the usual financial support from her husband that she was accustomed to, and for personal losses because she was unable to have normal conjugal relations with her husband during the time of his confinement due to his fractured right arm.

According to the New York Injury Lawyer, the owner of the premises and the taxi driver were deposed during discovery. The tenants of the premises did not depose the taxi driver. But then later both of the tenants filed separate motions for summary judgment against the owner of the premises and against the taxi driver and his wife.

The tenants alleged that as mere tenants they are not obligated by the law to maintain the premises. It is the owner of the premises who is obligated under the Administrative Code of New York who is responsible for injuries resulting from the negligent maintenance of sidewalks outside the property owned by them.

A New York City Personal Injury Lawyer said that the tenants also assert that they are mere lessees and there is no showing that they derived special use of the premises. There is no evidence in the record to show that they created the defect in the sidewalk which caused the taxi driver to trip and fall. There is no evidence to show that they made any repair work on the sidewalk which caused the defect. They insist that they are entitled under the law to be released as parties to this lawsuit.

The taxi driver opposed the motion for summary judgment asking that the case be dismissed against the tenants. He asserts that there is no evidence on the record that the defendants are only tenants. The tenants failed to attach a copy of their lease to their motion for summary judgment. They also did not attach a sworn affidavit of any person who had personal knowledge that tenants did not perform and repair work on the sidewalk which caused the defect.
The Supreme Court is then tasked to decide on whether or not the tenants are entitled to a summary judgment of dismissal of the case against them. The Court decided to deny the motion for summary judgment.

The Court noted that under the laws of procedure, the tenants had to show that they are entitled to a summary judgment. It is their burden to present preliminary evidence ( from the pleadings and documents identified during the deposition) that they cannot be held responsible for the negligence and that they did not create the defect as they never used the sidewalk or performed any repair work on it.

The Court noted that, as observed by the taxi driver, the tenants did forget to attach a copy of their lease agreement which would prove that they are mere tenants and not the owners of the premises and as such, they cannot held liable for the negligence. A Staten Island Personal Injury Lawyer said this inadvertence on the part of the counsel is fatal to their motion for summary judgment.

Also the Court noted that there is no affidavit attached to the tenants’ motion for summary judgment except the affidavit of the counsel for the tenants alleging that the tenants have not derived any special use from the sidewalk outside the premises nor have they performed any repair on the sidewalk which could have caused the defect.

The affidavit of the counsel for the tenants cannot be relied upon as admissible evidence to support a motion for summary judgment because the counsel for the tenants has no personal knowledge about any special use or repair work performed on the sidewalk. He is incompetent to swear to those facts because he has no personal knowledge of them. Only the tenants themselves or their employees and personnel can have personal knowledge of those facts.
The Court denied the tenants’ motion for summary judgment.

Perhaps you are a tenant of a building which abuts a sidewalk. Have you been sued for negligence like the tenant in this case? Did you know that as a mere tenant, you cannot be made liable for any negligence if you did not have special use of the sidewalk or if you did not create the defect in the sidewalk?

Being sued in court is often a stressful reality that you are unprepared for. Do not grope in the dark. You need to consult an attorney who can apprise you of your rights and obligations under the law as a tenant. At Stephen Bilkis & Associates, their legal team is well-trained to guide you in the intricacies and complexities of damage suits such as these and ensure that you can have your day in court. They can present evidence and argue your case to shift the liability to the owner as the law mandates and so mitigating your liability as a mere tenant. Call Stephen Bilkis & Associates today.

A lady was going down the stairs from the second floor of a building to the first floor lobby in a building located at 33-02 Skillman Avenue, Long Island City, New York. When she got to the last step, her left foot landed in a crack on the last step. Her foot got twisted in the crack; she lost her balance and fell. She brought this case for damages for the injuries she sustained as a result of her slip or trip and fall. She sued the owner of the building as well as the corporation that manages the building for the owner.

After the plaintiff was deposed, the building owner and building manager both filed a motion for summary judgment asking that the court dismiss the complaint at against them.

The Court first stated that a motion for summary judgment may only be granted when there are no more issues of material fact that need to be tried. It is the party who moved for summary judgment who has the burden of showing that he is entitled to the summary judgment as a matter of law because there is enough evidence to show that there is an absence of material facts that still need to be tried.

A New York Injury Lawyer said that after the person seeking the summary judgment proves that he is entitled to the judgment, the complaining party then bears the burden of proving that there are still material issues of fact that need to be tried by the court.

The Court also reiterated the rule that liability for a dangerous or defective condition on real property usually lies with the party who has ownership, occupancy, control or special use of the real property. When the suit involves a claim of negligence, the complaining party must show that there is a duty of care; and that the party being sued has breached the duty of care; and that the breach of the duty of care caused the damages to the complaining party.

A Brooklyn Personal Injury Lawyer said that first, the building manager and the building owner allege that the lady did not know what exactly caused her to trip and fall down the stairs. The Court perused the transcript of the deposition and it is clear from the answers of the lady that she knows that she stepped on a crack on the last step of the flight of stairs leading the second floor of the building down to the lobby. She testified that because she had stepped on the crack, her foot got twisted at the ankle; she lost her balance; and fell down the stairs. The Court then ruled that the lady had sufficiently alleged the cause of her trip and fall.

Second, the building manager and the building owner allege that the lady failed to testify that the defendant created the defect or dangerous condition or, that they had actual or constructive notice of it. The Court also rejected this argument. The Court ruled that the motion for summary judgment submitted by the building owner and building manager had no evidence to support their claim that they had no notice of the defect or dangerous condition. The Court suggested that building owner and the building manager should have adduced evidence as to when they last cleaned or inspected the last step of the stairs.

Third, the building manager and the building owner assert that the crack on which the lady tripped and fell is too trivial to be actionable. A Bronx Personal Injury Lawyer said that the Court also rejected this argument. The issue of a defect being too trivial to be actionable is a proper issue of fact that should be determined at trial. Also, the Court said that the building owner and the building manager should have presented evidence that the crack was indeed too trivial. But they presented no such evidence.

The Court ruled then that the motion for summary judgment should be denied and the case remanded for trial.

Perhaps you own or manage a piece of real property. Someone has sued you for damages because they tripped and fell on a defect or dangerous condition on your property. What should you do? What should you say? How can you protect yourself? Do not be like the building owner or the building manager in this case. They failed to present evidence on the motion they themselves filed. Know your legal options; be informed of your legal recourse. You need an skilled lawyer who specializes in cases such as these. Stephen Bilkis and Associates have licensed attorneys who can gather relevant evidence and present these intelligently before the court. Confer with a lawyer about your rights and your options: call Stephen Bilkis and Associates and ask for an appointment with an experienced lawyer who will assist you.

A lady member of a biking club in the town of Southampton went with her husband and seven other members of the biking club for their customary 100-mile weekend bike run early on the morning of July 27, 2002. She was an advanced intermediate bicyclist as were all the other eight bicyclists who were with her. The lady was the last biker in the single file of bikers. She was closely following a male friend of hers who was about three to five feet in front of her. Her husband was in front of her male friend and they were all riding between twelve to seventeen miles per hour on the right hand side of Deerfield Road in Southampton very near the corner of Woodthrush Lane. They were on the southbound lane.

According to a New York Injury Lawyer, she saw the first two bikers bunny hop on their bikes to avoid something on the road as did all the other bikers that followed. She noticed from afar that the concrete road had a black asphalt overlay on it in the middle which appeared like a shallow crater on the road. There were no traffic cones or signs on the road alerting passersby of the uneven state of the road. There were no shoulders abutting the road so they had to stay on the uneven road. She saw her husband bunny hop in front of her to avoid the ridge that was created by the uneven asphalt overlay on the road but her male friend who was biking just three to five feet away from her just suddenly tipped over and he fell on the road. It looked like the wheels of his bike got caught on a groove in the road and this caused his bike to trip and fall.

The lady cyclist had to avoid hitting her friend so she veered toward the middle of the road. She passed her fallen friend but she hit the uneven asphalt overlay in the middle of the road which was not flush with the rest of the roadway. She skidded, fell from her bike and slid underneath a car which was going northbound on the opposite direction that she was cycling on.

An NYC Personal Injury Lawyer said the lady lost consciousness and the other bikers who heard the screeching of the tires on the pavement stopped and looked back and saw the lady cyclist unconscious underneath the car. She was not hit by the car and her bike was not destroyed by the car, the lady and her bike slid under the car from its side, right between the front and back tires.

It was because of the personal injury she sustained during this incident that the lady cyclist filed this suit in damages against the town of Southampton, which, according to her, failed to maintain the road in good repair. She also sued the water authority which dug up the road, for not making sure that the asphalt overlay on their project was returned to its condition before they dug it up. She sued the water pipe company that laid the water main, and she also sued the construction company that repaired the road for not putting in traffic signs and traffic cones alerting her to the uneven condition of the road. Lastly, she sued the driver of the northbound car.

An NY Personal Injury Lawyer said there were other witnesses to the incident. A driver who was driving in the same direction as the bikers and who was behind them on the road testified on deposition that the driver of the car on the northbound lane opposite the bikers was doing about twenty-five to thirty miles per hour, well within the speed limit of 30 miles per hour on Deerfield Road. A lady who was having coffee on her front porch which had an unobstructed view of Deerfield Road also saw the incident and testified on deposition that she saw one cyclist fall on the road and the last cyclist tried to avoid the fallen cyclist. She also testified that she saw the driver of the northbound car slam on his brakes and tried to avoid the lady cyclist who veered into his lane.
The water pipe company sued the lady cyclist’s male friend. The water authority sued the lady cyclist’s male friend and her husband.

All the eight cyclists were deposed on discovery. The highway engineer of the town of Southampton was deposed along with the managers of the water authority, the pipe company and the road repair company. A driver who was behind the cyclists on the road was also deposed. A lady who was standing on her porch just off Deerfield Road was also deposed.
After the depositions, the water authority and the road repair company filed for a motion for summary judgment asking that the complaint against them be dismissed. The driver of the car under which the lady cyclist slid also moved for a summary judgment of dismissal. The lady cyclist’s male friend who fell on the road also filed a motion for summary judgment asking the complaint against him by the pipe laying company and the water authority be dismissed. The town and the water pipe laying company also asked for a summary judgment of dismissal of the complaints against them.

The Court granted the motion for summary judgment prayed for by the driver of the car under which the lady cyclist slid. The Court found that the driver of the northbound car was not negligent. There was sufficient evidence that he was not driving negligently prior to the accident. He could not have foreseen or anticipated that a cyclist would veer toward his lane. He was caught in an emergency situation and had no time to think. He did not create the emergency by his own negligence so he was under no duty to exercise the best judgment. Even if because of his erroneous judgment, injury was sustained by the lady biker. He could not have avoided the accident. He cannot be made liable for the lady biker’s injury.

The Court also noted that since all the bikers (including the lady cyclist’s male friend and the lady cyclist herself) were expert bikers. When they decided to embark on the sport of cycling on the open road, they knew and appreciated the risks involved in the nature of the sport. They are considered to have consented to the common risks of the sport including the risk that the surface of the roads they will bike on may not be in the most ideal condition.

But the Court finds that despite the inherent risks of the cycling sport, there is still an issue of fact that has to be determined, that is: whether the presence of grooves on the road or the absence of a top layer of asphalt that created a ridge on the road can be considered as a common and accepted risk in the sport of cycling. For this reason, the motion for summary judgment prayed for by the lady cyclist’s male friend cannot be granted.

As for the motion filed by the water authority and the road repair company, it is undisputed that the water authority entered into a contract with the road repair company to dig a long hole on the road to remove an old water main. The water authority also contracted with the water pipe laying company for it to remove an old water main and replace it with a new one. The water authority contracted that after the water pipe laying company had finished replacing the water main, it had to fill the hold with the soil it had removed from underneath the road. It was after this that the road repair company would lay asphalt on the hole so that it would be even and flush with the rest of the roadway. All this repair work was under authority, license and permission from the town of Southampton which owned Deerfield Road.

The depositions reveal that there are issues of fact that have yet to be tried. For instance, it is still not clear: if the road repair company had done its contractual job of completing the road repair; if the final asphalt overlay had already been laid; if the last and final asphalt layer was flush with the rest of the roadway; if the town or the water authority had properly inspected the road repair job. Because of these issues of fact, the motion for summary judgment prayed for by the road repair company and the water authority has to be denied.

The water pipe laying company’s motion for summary judgment however, should be granted because it has sufficiently submitted proof that it had done properly what it had contracted for; that it had finished removing the old water main and replaced it with a new one; that it had duly filled the hole with soil and aggregate which was its contractual obligation; that it had finished all the work that the contract called for it to do; that it finished its job three months prior to the accident.
Are you like the driver here who had the misfortune of figuring in an emergency situation that you had not anticipated and because of some error in judgment, someone was injured? How will you defend yourself? You need to know how the law protects motorists like yourself. You need to call Stephen Bilkis and Associates. Our legal team can help you present your case; he can present evidence on your behalf so that you need not pay damages if you were not negligent. Go to any of the conveniently located offices of Stephen Bilkis and Associates and confer with one of our lawyers who can assist in your defense.

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.

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A lady had just parked on the handicapped parking space outside a diner located at 2101 Middle Country Road in Centereach, New York. She was accompanied by her daughter. She was going to eat in the diner and was using the ramp that led from the parking lot, up the incline, to the handicapped ramp when she had a trip and fall on November 21, 2005. She failed to distinguish the lip on the cement curb that marked the edges of the handicapped ramp. The ramp was painted the same color as the surrounding curb that she had no visual cue. She did not see what caused her trip and fall; neither did her daughter who was beside her. But she sustained injury and so she sued the owner of the premises, the lessee who owned and operated the diner and lastly, she also sued the architectural firm that designed the diner and the handicapped ramp.

The architectural firm was the one who filed the motion for summary judgment asking for the dismissal of the complaint against it because although it admits that it had created the design and plan for the diner and also created and designed the handicapped ramp, it only created and designed the main handicapped ramp which ran from the curb up to the diner itself. It did not create or design the portion of the handicapped ramp that extended from the curb to the handicapped parking lot. It proffered evidence that under its contract for architectural services, it only designed the main ramp and the diner itself but it was the owner of the diner that had constructed the extension of the ramp so that it will flow smoothly until the handicapped parking space.

A NY Personal Injury Lawyer said that more importantly, the architectural firm does not own, occupy or control the building, the handicapped ramp, the curb or the handicapped parking space. It had finished its contractual obligation when it had designed the diner and the main ramp and when it had created the ramp and installed it. Beyond this, it had no control over that portion added by the diner owner to extend the ramp up to the handicapped parking space.

The architectural firm vigorously argued that it has never made special use of the premises where the lady’s accident occurred and it never created the defective condition that the lady asserts to have caused her trip and fall. Besides this, commented a New York Injury Lawyer, from the photographs that the architectural firm submitted, it appears that the defective condition complained of appears to be open and obvious. The ramp itself is not inherently dangerous.

And also from the lady’s testimony during her deposition, it does not appear that she was entirely sure that it was the ramp that caused her trip and fall. She did not know what caused her to trip and to fall. Her daughter, in her testimony during her deposition, could not say either what caused the lady’s trip and fall. The ramp could have been just the side of the accident but not the cause of it.

The lady submitted a deposition testimony by an engineering expert to prove that the elevation of the ramp was not according to the specifications of the building code or the law requiring access ramps for the physically handicapped.

A Queens Personal Injury Lawyer reported that the Court granted the motion for summary judgment prayed for by the architectural firm for the sole reason that the architectural firm did not own, possess or control the ramp where the accident occurred. The architectural firm has finished its contract with the diner and the contractual tie with them has long been severed by the fulfillment of its obligations.

The lady’s expert witness, the engineering expert may have proved that the ramp was not constructed according to the required specifications of ramps but it failed to prove that it was the architectural firm that had caused the ramp to be installed in violation of the statutory specifications.

Going up handicapped ramps may be simple enough for able-bodied individuals, but for the handicapped, given that they are handicapped, going up ramps is precarious. If a handicapped person has a trip and fall on a handicapped ramp, what can she do? What is her recourse under the law? She is more likely to be told that her handicap raised her risk of tripping and falling. How can she claim damages for injuries she sustained? Call Stephen Bilkis and Associates and meet with our legal counsel who can explain to you your rights. Our team is specifically trained to gather evidence and present them so that you can be compensated for your injury. Stephen Bilkis and Associates have legal counsel who can assist you. Call today and make an appointment for a free consultation.

A lady was walking outside a restaurant located at 1396 Third Avenue in Manhattan. The restaurant had a permit from the City of New York to set up café tables and chairs on the sidewalk. On the sidewalk there was a tree providing shade for the café tables. Sometime on March 21, 2008 as the lady was walking past the café, she stepped on a raised sidewalk flagstone and that caused her to trip and fall.

She sued the owner of the premises and the owner of the premises sued the tenant (the café) and the insurance company. After the deposition of the lady, the building manager and the café manager, the plaintiff filed a motion for a partial summary judgment against the building owner and seeks that the building owner be declared as liable under the Sidewalk Law of New York. The building owner filed a motion for summary judgment asking the court to dismiss the lady’s complaint against it. According to a New York Injury Lawyer, the insurance company asked the court for a summary judgment to dismiss the complaint of the building owner against it.

The Sidewalk Law of New York provides that the owner has the duty to maintain the sidewalk outside its premises in a reasonably safe condition and failing to do so, the building owner shall be liable for any injury. This duty to maintain the sidewalk in a reasonably safe condition cannot be delegated. The Court held that since the Sidewalk Law clearly puts the duty on the owner to maintain the sidewalk, and there is evidence that the building owner owns the property which abuts the sidewalk where the lady tripped and fell, the lady’s motion for partial summary judgment against the owner declaring him liable for her injury is granted.

A Manhattan Personal Injury Lawyer said that just as the Court declared that the building owner is liable for the injury sustained by the lady from the raised sidewalk flagstone outside the premises, the Court also declared that the building owner’s liability is not strict. Its liability will arise only if it is established by evidence that the building owner created the defect in the sidewalk or had constructive notice of the defect (the raised flagstone) but did not do anything to repair the defect. The Court also declared that the building owner can agree with the tenant of the premises to allocate the liability and even procure insurance for the benefit of the building owner and the tenant.

The building manager categorically testified during her testimony that she had never observed any raised flagstones around the premises or received complaints concerning any dangerous condition on the sidewalk. A Suffolk County Personal Injury Lawyer said she categorically stated that the café manager never informed her of any raised sidewalk flagstones and that she does not remember if any repairs were made on the sidewalk prior to the date that the lady tripped and fell on the sidewalk. During the same deposition, she also stated that she walked past the sidewalk on the way to her office in the higher floors of the building everyday for three years prior to the date of the lady’s accident.

But the testimony of the café manager totally contradicts the testimony of the building manager. He testified that in the spring of 2008, before he learned that a lady had tripped and fallen on the sidewalk, he painted the edge of the sidewalk yellow. He painted with similar yellow paint that area of the sidewalk that surrounded a tree to alert passersby and pedestrians of a possible tripping hazard. He testified that he had observed that the roots of the tree were causing some of the flagstones to be cracked and raised. He also testified that for fear that someone might get injured; he talked with the building manager herself and to clarify who was responsible for having the raised flagstone repaired. He testified further that the building manager gave him a printout of contact numbers of City offices which might be able to help him with the repair of the sidewalk.

The Court ruled that since there are discrepancies between the testimony of the café/restaurant manager and the building manager, these discrepancies raise issues of fact that must be tried by a court. The Court accordingly dismissed the motion for summary judgment filed by the building owner.

The lease contract entered into by and between building owner and the café/restaurant owner provided that they should both procure an insurance policy that will indemnify them for any claims for negligence that may be filed against them.

The insurance company moved for a summary dismissal of the complaint filed against it by the building owner and the café/restaurant owner. Because the insurance covered only bodily injuries sustained within the premises of the insured building. The insurance company reasoned that since the trip and fall occurred on the sidewalk and not in the building, it is relieved of its obligation to indemnify the building owner or the café.

The Court rejected this reasoning of the insurance company and it ruled that the sidewalk must be used to gain access and entry into the premises of the café. Without using the sidewalk, the patrons of the café will not be able to enter the café. The sidewalk then must be considered as part of the use of the premises of the café for the purpose of determining the liability of the building owner, the tenant and the insurance company.

The Court denied the building owner’s motion for summary judgment and his motion to dismiss the complaint. The insurance company’s motion to dismiss the complaint of the building owner against him is denied. All other issues of fact still remaining are remanded for trial.

Perhaps you have also tripped and fallen on a sidewalk and you are confused as to whom to sue for damages to compensate you for your injuries: know your rights and know your legal recourse. At Stephen Bilkis and Associates, they have ably trained lawyers who can listen to you and recommend the best course of action to secure compensation for your injuries.

The defendants filed a motion to dismiss the personal injury case of the plaintiff and requested the court to give summary judgment. The defendants claimed that the plaintiff was not successful in establishing the defendants’ alleged negligence. The plaintiff has opposed to the defendants’ motion for dismissal.

A New York Injury Lawyer explained that the plaintiff filed for a complaint against the defendants due to a trip and fall accident that happened in a local supermarket. According to the statements made by the plaintiff, she was in the supermarket when near the fresh vegetables aisle. The plaintiff was a regular customer of the supermarket. While shopping, she tripped and fell on the floor. Based on her testimony, the plaintiff identified the vegetable misting machine. The machine allegedly caused the fall because the water it sprayed had accumulated beyond the boundaries of the floor mat and spilled onto the floor. The plaintiff said that the trip and fall occurred because of the water coming from the vegetable misting machine.

The court was tasked to determine if summary judgment can be granted to the defendants, which are also the representatives for the supermarket. The defendants will have to submit evidence that would prove the plaintiff wrong. The plaintiff has the burden of proof in order to have a material case against the defendant.

When requested for summary judgment, the duty of the court is to find evidence supporting summary judgment and determine whether issues are presented is material or not. According to the defendants, they should be granted a summary judgment since the plaintiff cannot prove that the defendants were guilty of creating the condition or defect of the supermarket.

The defendant cited the plaintiff’s statement before the trial and learned that the plaintiff had already walked past that particular aisle where she tripped. When the plaintiff was walking near the vegetable section, she decided that she forgot something and walked back to the area of the accident. According to the statement of the plaintiff, she did not remember seeing the wet floor mat when she walked past. The plaintiff asserted that her foot got stuck on the wet mat and caused her to fall down.

The defendants had challenged the existence of prior notice and said that they did not receive any complaints for that particular vegetable machine causing the wetness. A witness for the defendant, who was also the produce manager, testified that there were no complaints against the floor mat in question. He asserted that the vegetable machine does not get wet. He also did not see the floor mats bunched up.

An NYC Personal Injury Lawyer explained that the defendant also opposes the plaintiff’s claim that the bunching mats happen regularly. They pointed out that the plaintiff herself had not made any complaints about the mat or the vegetable machine prior to her accident so it couldn’t be concluded that the bunching of mats was a recurring condition.

The defendants also argue that in order for the plaintiff to establish that there was negligence, the plaintiff must first find evidence of the existing defect. According to the provisions of the law, the defendant is liable for damages if it is proven that defendant created the condition of the defect or had received prior notice of the accident. If there is no evidence concerning the defendants’ creation of the dangerous condition, the existence of a written notice should be established by the plaintiff. A written notice has merit if the defect is visible and has existed for a reasonable amount of time for the supermarket employees to see it.

Based on the evidence presented and the testimonies of both parties, the court determined that a summary judgment should be denied. The court also found that the plaintiff has raised and proven a critical issue thus summary judgment was denied. An NY Personal Injury Lawyer said that both parties are scheduled to appear before trial court.

Personal injury lawsuits can be complicated. Consult a New York Trip and Fall Lawyer, by contacting Stephen Bilkis & Associates. The legal services of a skilled lawuer are all you need to give you the best chance possible in court.

Hiring our legal team will help you find a remedy for your case. If you are in need of skilled legal counsel, Stephen Bilkis & Associates is ready to assist you.

A Paducah man was put in jail after being involved in a two-car accident. He was charged with driving under the influence. The accident occurred in Kentucky, explains a New York Injury Lawyer.

The 55-year-old man was driving east on US 68. There was a woman passenger in the vehicle with him. The other vehicle was traveling on Kentucky Dam Road. The 60-year-old woman driver and her 45-year-old passenger were driving west on the road when they meant the other vehicle at the intersection.

Both drivers continued through the light and collided intersection. They both told police they had the right of way. When deputies responded to the accident, they noticed that the Paducah man was under the influence of a substance. He failed several sobriety tests in the field.

His passenger was seen pouring at least two alcohol beverages out her window. An off-duty deputy from the police department witnessed the passenger get rid of the alcohol. Also, the passenger was intoxicated and refused treatment. Police officers also found several beers in the man’s car. There is no tolerance in the United States for a person to drive a motor vehicle under the influence.

The man was charged with driving under the influence. He was taken to the McCracken Regional Jail. The other car’s driver and passenger were taken to a local hospital. It is unclear what condition they are in.

Do not wait until a drunk driver hits you to find legal counsel. If you have been in a car accident, contact Stephen Bilkis and Associates to help you through this traumatic event and give you the justice you deserve. We have offices located throughout New York City including Manhattan, Staten Island, the Bronx, Brooklyn and Queens. We also have locations in Suffolk County and Nassau County on Long Island, as well as Westchester County. Call us for a free consultation at 1-800-NY-NY-LAW.

These twins have had a rough life and for one that life has unexpectedly ended, the other scarred by chemical burns is still hospitalized. Twins, a boy and girl, who were placed in a foster home at the age of two suffered at the hands of their adoptive parents as evidenced by the death of the young girl and the chemical burns found the young boy. How could this young pair have had so much bad luck, questions one New York Injury Lawyer?

The ten year old twins were placed into foster care at such a young age because the mother and father had lost parental rights at separate times. The mother lost her rights very early on for alleged prostitution, abuse, and drug use. She was said to have used cocaine and opium. The Father similarly lost his rights because he had a criminal past that included the molestation of a child. Though the father says he did everything that was ask of him by the state, the state removed his children anyway. This is not unusual in such cases and that the foster home was then allowed to adopt the twins. The twins did have relatives at the time that were willing to raise the children, but the twins were instead turned over to the foster home.
Since that time the young girl has been found dead, wrapped in a plastic bag inside of a pest control truck. The girl’s adoptive father is being held as a suspect in the girl’s death. The brother, her twin, was found inside of a truck seizing and covered in chemical burns. The biological father, though he has not been allowed contact with his children since a very young age, wishes to see his son. He wishes to express his love and hopes his son will be placed with relatives so that he may begin healing following his release from the hospital.

The foster parents were observed by social services as all foster homes are supposed to be observed and though initially reports documented a clean, safe environment, other reports paint a much different story. Reports later released to a Staten Island Personal Injury Lawyer showed several incidents in which teachers had complained of the girl being dirty, bruised, and hungry. Reports from the Division of Family Services also showed that though the twins’ mother was once listed as deceased, her whereabouts were also listed as unknown.

The biological father states that he just wants to be a part of his son’s life. He states that the past does not matter. This fisherman by trade lives in a small apartment and hopes that his relatives will take custody and care of his son. He simply wants to be with his son during this healing process. No one has yet determined what will happen with the boy or whether his biological father will be able to see him, though it is certain that the child will not be returned to the adoptive family who has also lost custody of their other two adopted children.

This child needs legal counsel to fight for his cause. He, along with anyone who has suffered unnecessarily at the hands of another can contact Stephen Bilkis and Associates to receive the much needed help, support, and legal advice that is needed. Whether you have suffered from a broken bone, a back injury, or loss of sight, it is important to speak with us to ensure that your rights are protected and that you receive the compensation you deserve.

Passing Emails between and among colleagues on occasion is a common practice in this day of technological advancement. Almost every member of society has an email address and though many emails are sent on company time and are not always of a business nature. The question arises of whether this is a legal matter, reports one New York Injury Lawyer. Do employers have the right to censor email if it is on company time? Do all employees get censored at the same time or in the same manner?

These questions are answered in a case based in Spotsylvania County. A former teacher, parent volunteer, and PTA leader turned school board member has been censored due to her use of company email to speak with friends and colleagues about information unrelated to work. It is also alleged that the board member failed to report improper conduct between a teacher and administrator. The nature of the ‘improper conduct’ is not clearly defined. However this board member was censored because she did not report the conduct, used email for personal conversations, and opened the School Board up for legal action through her lack of reporting.

The improper conduct, though not clearly defined, is said to be about sexual misconduct or harassment between an administrator and teacher. The censured board member states that she was never trained on how to identify or handle such incidents and if she had been would have reported immediately, especially in light of the knowledge that a lawsuit could occur. The board member was censored for this report that did not occur by fellow board members in a secret meeting. Sources said that the meeting reasoning and the fact that it was held behind closed doors leaves little information about how issues were actually handled. The censored member admits that she may have messed up and that company email was probably not the best choice to communicate with friends and colleagues, but that she is not the only one that has ever done so and she had previous to this censorship switched to a personal email.

Though this former teacher has been censored though the Education Board she has not failed to speak with news sources.

If you or a family member finds yourself censored or injured because of medical malpractice, a construction accident, or workers' compensation issue, contact legal counsel. Stephen Bilkis and Associates can help settle legal matters and fight for personal rights when a physical, emotional, or any type of injury has occurred

A pedestrian was fatally hit by a drunken driver on Route 35 earlier in the month. One New York Injury Lawyer says a strong case exists as the driver left the scene, though he later returned and stated that a pedestrian had been hit.

At around 1:35 A.M. the California Highway Patrol and Pacifica police department responded to a call. The report stated that someone called in to report a possibly deceased pedestrian that had been hit on the Sharp Park Road and Route 35. A New York Injury Lawyer reflects on the fact that a resident of Leopoldo Tobilla showed up shortly after the police to say he was driving and hit the pedestrian. The resident was immediately arrested and was found to be intoxicated. His DUI arrest was for DUI resulting in fatal injury and leaving the scene of an accident.

It will be interesting to see how the charges will play out since the man seemingly turned himself in. The arrested is being held at San Mateo County jail in Redwood City. He is currently charged with vehicular manslaughter, leaving the scene of a vehicle collision resulting in fatal injury, and driving while intoxicated. The suspect was arrested on scene after he returned explaining to officers that he had hit someone walking on the roadway. Any witnesses to the accident are asked to contact the local police to explain what happened. Though the pedestrian was declared dead on the scene it has not been released whether death was immediate upon impact. The accused is a fifty seven year old male and the level of his intoxication has not been released to news sources.

Information about where the suspect had been, what he had been drinking, his alcohol levels, and why he left or returned has not been released. It can be assumed that the driver felt some remorse in order to return to the scene and turn himself into the police. The information is not clear on how prosecutors are choosing to proceed in this case or whether all charges will be pursued.

If you or a loved one are involved in an accident involving a vehicle or a drunken driver, that has resulted in injury, or even wrongful death, contact Stephen Bilkis and Associates immediately. Only the best should represent you in court so that your legal needs are met, and you receive the compensation you deserve.

A woman who settled her harassment suit against a local town president will receive $75,000 in the settlement. According to online federal court records, the settlement was negotiated on Dec. 16, 2010.

According to a New York Injury Lawyer, the lawsuit alleged that the former president inappropriately touched and made sexual comments to her. The woman was an assistant for the town's administrator. Further, her lawsuit alleged that the Board and the president retaliated against her. She was fired from her job in December 2008. The lawsuit was filed July 6, 2010.

In the lawsuit, the woman stated that on several occasions the man called her after her work hours at home. He wanted to discuss personal matters going on in his life. He also made it aware that he expected her to travel with him during personal errands.

The president denied the allegations she made against him in her lawsuit on several occasions. He did not run for reelection. He would have been in his second term. The lawsuit also states that even though the woman complained about the harassment, the Village Board and her boss did not do anything to stop it. The lawsuit also alleged that she was fired for viewing confidential information, but when she pursued the matter, she could not get information on what she looked at. She said she was never informed of doing anything wrong until she was fired, her lawsuit stated.

The $75,000 settlement for the woman is reimbursement for back pay and compensatory damages she suffered when fired. The settlement will also cover legal fees for her attorney.

If you have been injured because of the negligence of another, including medical malpractice, premises liability, or have a workers' compensation claim, speak to Stephen Bilkis and Associates for advice and a free consultation. You deserve to be compensated for your injuries.

Research into medical practices for Guantanamo detainees calls giving every detainee mefloquine, anti-malaria treatment, is malpractice. Medical experts with Seton Hall University studied the Defense Department’s policy on giving detainees large doses of the anti-malaria drug, a New York Injury Lawyer stated.

When every detainee is processed into the prison, they are administered 1,250 mg of mefloquine in two doses over a 12-hour period. Mefloquine is usually given as a lost restore to individuals who are known to have malaria. The prison does not conduct a blood test before giving the drug.

Mefloquine is known to have severe side effects including “anxiety, paranoia, hallucinations, aggression, psychotic behavior, mood changes, depression, memory impairment, convulsions, loss of coordination, suicidal ideation, and possibly suicide, particularly in patients with a history of mental illness,” the study stated.

A statement from a Defense Department representative stated that there have been only three cases of detainees coming to the facility with malaria symptoms. The facility has been in use since 2001. There are more than 700 prisoners at the facility.

Malaria is an extremely deadly disease that can kill in 48 hours. According to World Health Organization, around 1 million people died of malaria every year. The top three locations with high malaria dead rates are Africa, Southeast Asia, and the South Pacific. Cuba has no recorded malaria threats. Many the detainees are caught in these areas.

If you or one of your loved ones is being given unneeded prescriptions, or has been the victim of medical malpractice, call Stephen Bilkis and Associates to take on their case. Our office can help you through your legal proceedings, and ensure that your rights are protected. Come in for a free consultation today.

A 19-year old boy was involved in a hit-and-run car accident while crossing the street. The man that hit him fled the scene but later called the police to report the incident. Recently, a grand jury charged him with failing to help the boy and for fleeing a crime scene. The boy has sustained major injuries and will require many months of rehabilitation in order to resume his life in as normal a way as possible.

The boy has trouble walking, talking and doing simple things that other people take for granted like holding a spoon when eating, showering or dressing. A spokesperson for the boy's family has said that the boy has good days and bad days. The family has been very supportive and is hopeful that the boy will make a full recovery. The boy played sports in high school which may have reduced his risk of permanent injury.

The man who hit the boy and fled the scene will now face criminal charges in court. The family of the boy may sue the man in civil court to help pay medical expenses and rehabilitation costs. According to a New York Injury Lawyer, donations are also being accepted at the local bank in the town where the accident happened. Even though the boy has been released from the hospital, he must go to rehabilitation for at least three hours a day in order to recover from his injuries. This is not only costly, but also taxing on the boy because he has a limited amount of energy.

No timeline has been set for the boy's recovery. Rehabilitation may take some time and the family of the boy is being patient and asking for those in the community to pray for him. As an athlete, the boy understands that he must complete a little each day in order to grow stronger. He also realizes that over time, he will begin to see results such as being able to speak, walk without the aid of a walker or can, and be able to perform everyday acts without assistance from family or physical therapists.

Call Stephen Bilkis and Associates to learn more about your rights if you've been involved in a car accident. Our office understands your needs and can help you by providing advice and counsel, as well as a free consultation.

Citigroup is now partially owned by the federal government, like a few others. It also has something in common with the big Wall Street player, Goldman Sachs – lawsuits involving gender discrimination, a New York Injury Lawyer reports.

Six women are alleging that Citigroup is keeping women from equal access to pay, promotions, and work. Five of the plaintiffs lost their jobs when Citi suffered through major financial crisis in November 2008. These layoffs were one on of the primary reasons for the suit, which states that the women were fired by Citi while less-qualified men were kept on staff.

The suit also states that the senior leadership has 39 men and only five women. It also says the executive committee is made up of 19 men. There is a sixth plaintiff in the suit who still works at the bank, sources tell a NYC Personal Injury Lawyer. Both the Citi suit and the Goldman suit are seeking class-action status. The Citi suit was filed in mid-September.

Unfair treatment in the workplace is not only wrong, it’s against the law. There’s no reason to stand for it when there is a New York Injury Lawyer who can hold those responsible to account for their actions. Sometimes there is no avoiding court, and when the moment comes, it’s important to have a good representative, an advocate who can articulate just what went wrong and what can be done to rectify things.

If you or a loved one has been harmed through the actions of another, Stephen Bilkis is ready to help. We will provide you with legal guidance and a free consultation. Come into any of our conveniently locations including Manhattan, Queens, the Bronx, Brooklyn, and Staten Island. We also have locations in Suffolk County or Nassau County on Long Island, as well as Westchester County. Call today to schedule your appointment at 1-800-NY-NY-LAW.

A former judge for the city of Dallas, Texas may file a lawsuit against the city claiming she was wrongfully terminated after she turned down the sexual advances made by a fellow judge. The city council had decided not to renew her contract with the city and let her go last June, claims a New York Injury Lawyer. According to those on the council, the complaints filed against the other judge were unfounded. Even though most colleagues did not come to the former judge's defense, the current mayor of Dallas said that he thinks the judge was let go because she filed a sexual harassment complaint.

According to a Manhattan Personal Injury Lawyer, the former judge claims that when she dismissed the other judge's sexual advances, he made it very difficult for her to complete job tasks. He gave her more work than she could handle, refused to purchase a new computer for her office and encouraged the city council to release her from service and not renew her contract. The other judge denies all of these allegations.

At least one female co-worker may be called to the witness stand to recall comments made to the former judge that could be considered sexual harassment, alleges a New York Injury Lawyer. Depending on the number of other witnesses, the former judge may or may not have a solid case. Proving sexual harassment at the workplace can be difficult, especially without concrete evidence such as email correspondence, voice mail messages or multiple witnesses.
It is unclear whether the former judge with go through with her threat to sue the city. Depending on her personal circumstances, it may not be worth putting her family through the embarrassment of a court trial. If she files a lawsuit, the former judge says she will ask for back-pay, front-pay and payment for the loss of fringe benefits. It is unknown at this time if she will file a civil suit against the judge that allegedly harassed her.

It is unknown at this time if the former judge has found a new job or if she is still looking for an appropriate position within the Texas legal system.

Meet with an experiened legal counsel who can explain your rights before and during all court proceedings. Councel will help you prepare your case and help you collect any monies owned to you if you've been seriously injured in an accident.

Whether you have a workers compensation claim, have had a car accident, or have been the victim of a construction accident, contact Stephen Bilkis and Associates for advice and a free consultation. We will answer all your questions, and ensure that your rights are protected throughout the legal process.

We have offices throughout New York City for your convenience, including locations in Manhattan, Staten Island, Queens, the Bronx and Brooklyn. We also have locations in Westchester County, and Nassau County and Suffolk County on Long Island. Call us today for an appointment at 1-800-NY-LAW.

As the radiation crisis in Japan continues, the first traces of radiation were detected on the U.S. west coast, which has many people scrambling to purchase the vitamin supplement called Potassium Iodide, sources told a New York Injury Lawyer. Potassium Iodide is often given to people who have been, or will be, exposed to radiation due to it saturating the thyroid gland with iodine. This thyroid saturation repels any radioactive iodine the person may inhale or ingest.

Whether there is any cause for alarm, as is often the case, depends on whom you are speaking with at any given moment. The official government statements reflect that there is no cause for concern, which is also being repeated by many in the scientific community as well. However, a NY Personal Injury Lawyer is also learning that there are also many in scientific circles who are as concerned as many of the population that is currently seeking to purchase the vitamin.

Regardless of whom you believe, stores that carry vitamin supplements have been inundated with requests for Potassium Iodide, and there have been many reports to New York Injury Lawyers of customers paying for the vitamin in advance. The scarcity of the vitamin supplement has not been confined to stores in the local communities. The companies that either manufacture the KI, its chemical symbol, and/or sell it on their websites are completely sold out; sources inform New York Injury Lawyers. At least one of them has reportedly stopped taking orders altogether.

While at first it may appear that only individuals are seeking Potassium Iodide, there are companies that are also seeking to purchase it. Although there are a few that are fairly regular customers, such as states and companies that have people who live within a 10-mile radius of a nuclear facility, there are also some companies who have employees in Japan that they are seeking to supply with the vitamin.

It should be noted that those manufacturers whose inventories of Potassium Iodide have been depleted, have ramped up production and are expecting to increase its availability within the coming weeks.

If you or a loved one have been injured on the job, you may not be aware of the legal options you may have available. Whether you have been involved in a construction accident, a slip and fall or have suffered a crane injury, speak to Stephen Bilkis and Associates for guidance. Our legal team has the answers and can assist you or your loved one arrive at the best solution that is possible that the law allows.

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.”

The pre-preliminary hearing for five current and former priests and other church officials took place on March 14 in Philadelphia, learned a New York Injury Lawyer. While the hearing was supposed to have been a relatively simple matter, before the end of the hearing the judge was expressing her anger toward one of the defendants.

The hearing was the first hearing for the accused since they were all indicted by the grand jury. They each stand accused of sexually abusing children and endangering minors. The court heard arguments from prosecutors and defense attorneys, which lasted for about 75-minutes. While many of those arguments became heated at times, and left the judge exasperated, one particular incident led the presiding judge to address one of the defendants directly.

A Suffolk Personal Injury Lawyer was told that during the course of the grand jury hearing, one of the priests had approached the judge in tears because he could not afford an attorney. The judge then appointed an attorney for him. When he arrived at this hearing, he had paid for his own attorney to represent him. Upon learning of this, the judge required the defendant to rise to his feet and explain his actions. She further expressed to the former priest that he had lied to her. His attorney stated that his client paid for counsel by means of a loan obtained from his brother. He also stated that his client did not understand the question and had misspoken. The judge did not believe it. The priest in question stands accused of the rape of a 14-year old boy.

One of the arguments the defense attorneys are presenting steadfastly is that the authorities that filed the charges initially did not have the jurisdiction to do so, which indicates that the grand jury indictment should be dismissed. The alleged crimes reportedly committed in two other counties. Prosecutors responded by filing conspiracy charges against the priest.

This case is also the first time that charges have been filed against a ranking church official for his role in covering up the alleged crimes and by placing the priests in positions that would provide easy access to potential victims. The former archdiocese faces a felony endangerment charge.

Have you been injured due to no fault of your own regardless of where it occurred? Before you give up and sign anything that an insurance company’s representative has given you to sign, contact a Stephen Bilkis and Associates. Whether you have been injured in a car accident, a construction accident, or a trip and fall accident, will speak for you and preserve the rights that others would have you sign away.

A New York Product Liability Lawyer recently reviewed California Superior Court Case # 30 and revealed that CPAC, a non-profit law clinic, is determined to help both the elderly and the young struggling families who have been affected by bank fraud and are facing homelessness.

"CPAC is trying to accomplish what our government hasn’t. The clinic is fighting a display of alleged bank fraud and lender abuse that was written about in the California Superior Court documents,” he said.

In a recent speech at the Academy Awards, award winner Charles Fergusen said, "Forgive me, I must start by pointing out that three years after our horrific financial crisis caused by massive fraud, not a single financial executive has gone to jail, and that's wrong."

The New York Injury Lawyer outlined law SB94 in California stating that it basically prohibits private sector professionals, including the honest and effective ones from attempting to help the American consumer. "SB 94 is an absolute prohibition of such prepaid work," he said.

CPAC is currently representing more than 240 individuals in civil lawsuits against banks. This is the first time these types of lawsuits have been placed against lenders due to the high costs of defending themselves against the banks.

"What CPAC Non Profit Law Clinic has done is what we would expect our government to have already done; file a 'Defective Product Liability Lawsuit' against the mortgage industry on behalf of the American people” he explained.

Countless examples of families filing this suit were sited including the story a woman and her four-year-old son.

"This young woman was told by her bank that she was getting a loan modification. According to court documents she states that she did everything her lender requested, for almost a year. Then her lender told her that her loan modification was not approved and her house was instead going to auction." A NYC Personal Lawyer and added that this story is all too typical for man Americans who face this same problem.

"The more people who come forward with their stories, the more these people can really make a difference,” he concluded.

Were you given false promises when you purchased your home? If you or a family member had to foreclose on your home because you were misled, Stephen Bilkis and Associates can help. Whether you have a contractual dispute, or have been the victim of a product liability accident, we are here to provide you with the answers you need and a free consultation.

We have offices to serve you throughout New York City, including locations in Manhattan, the Bronx, Queens, Staten Island and Brooklyn. We also have locations in Nassau County and Suffolk County on Long Island, as well as Westchester County.

Recent reports from a New York City Injury Lawyer reveal lawmakers from the state of Vermont have considered asking the Shumlin administration in Vermont to come up with recommendations for correcting the medical malpractice system in the state with the main concern being they would like to lower the costs of healthcare in the state.

Medical malpractice investigations are very common. In debates over healthcare reform at both state and federal levels, the spotlight is put on the doctors and the medicine they are claimed to use to prevent lawsuits.

Members of the House Health Committee almost finished their completion of the work they have done on a bill that is supposed to put Vermont in the direction of single payer health care. They recently got a visit from the chairman of the Judiciary Committee with a suggestion calling for the medical malpractice study.

Healthcare has been a national issue for several years now as members of both national political parties have debated on whether healthcare reform is even possible, and if so they have to figure out the best way to do it. It has been in the news almost every day and much of the country has been up in arms regarding this issue. It has struck cords in everyone from the very rich who don’t want to pay more taxes to the middle class who can’t afford the rising costs in addition to almost everything else these days. Because the cost of healthcare is going up, the costs of prescription drugs have gone up considerably as well, mainly for senior citizens who need more drugs and are more likely to be on a fixed income.

One of the issues the study would spend a significant amount of time addressing is the cost of defensive medicine and one of the main points is to find a way to lower the costs of medicine while at the same time protecting patients.

Continue reading "Vermont House Wants a Study on Medical Malpractice" »

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 second grade boy was injured at his Louisville elementary school, reports a New York Injury Lawyer. The boy was found in the bathroom at his school last week, but as of right now, the police have no answers as to what caused his injuries.

The boy was found in a bathroom stall in the bathroom at the elementary school he attends. The injury occurred on March 23, when he took his bathroom break.

He went for a bathroom break and wound up harmed and sedated. Because of the sedation he was not immediately interviewed by police. Due to the extent of his injuries, he could not be talked to right away, but has since been interviewed by local authorities.

Since then, police have been able to interview him, and he remains in a local hospital in stable condition.

The second grader took a bathroom break almost near 1 pm, which according to teachers and school faculty was perfectly normal. He went in to a stall, and after a few minutes the teacher tried to speak to him by calling his name but got no answer. The teacher immediately called a security guard who after trying to talk to the boy, still did not get any kind of response. He then opened the stall and found the boy inside, drugged and hurt.

After this happened, the school nurse was quickly notified and called to the scene to begin providing first aid to the boy while they waited for an emergency medical team to arrive with help. The team arrived quickly and rushed him to the hospital.

Police will not say the cause of the injury or who could have been responsible. The boy is currently in the hospital recovering with his family while a police investigation is pending. Anyone who thinks they may have any information about this case is strongly urged to contact police or school administrators immediately.

If you or a family member has suffered an injury, such as a bicycle accident, motorcycle accident, or have a premises liability issue, it is important to speak with a skilled legal counsel as soon as possible. You may be entitled to compensation for your injuries, that can include reimbursement for medical costs, loss of income and compensation for pain and suffering.

Continue reading "Sedated Boy Interviewed in School Bathroom" »

A fire in a North Side mobile home park killed a woman and her dog, revealed reports from a New York Injury Lawyer.

There were two more men inside the address when the fire broke out, but they got out in time, although they did in fact suffer pretty severe burns.

The deceased was identified by the city coroner as a 66 year old owner of the mobile home.

The neighbor of the deceased said that the fire woke him up, and also told police that the woman who died was on an oxygen tank.

Firefighters were called to the scene around 5 am and said the fire was so big and out of control that they could see smoke from the firehouse, which was more than a mile away from the trailer park. When they arrived at the fire, it was completely engulfed in flames. Fire investigators said it took 45 minutes to put out the fire.

Because the mobile home has a tin roof, the flames and heat were kept inside the home instead of venting out the top as they would in a typical house fire. The woman and her dog were found inside the trailer when the firemen arrived. The cause of the fire is still unknown.

A New York Burn Victim Lawyer said that both of the men who escaped the blaze were admitted to Deaconess Hospital and flown immediately afterward to Wishard Memorial Hospital’s burn unit. They are suffering serious burns at this time and it is unknown when they will be released.

The neighbor was very sad about the woman’s passing, and said that the woman was a good neighbor who never went out of her way to do favors or help out in any way she could. He said she was a very quiet and pleasant woman and did not deserve to die this way.

Investigators are still doing their best to determine just what caused the mobile home to catch fire. An autopsy is being performed on the deceased.

Continue reading "Mobile Home Fire Kills Woman" »

The Deepwater Horizon Oilrig explosion and subsequent oil spill devastated many families, lives, and coastlines. The man made devastation was incalculable. A New York Injury Lawyer has learned that the widow of one of the 20 crewmen that was killed by the explosion has settled her lawsuit with BP. As a result of the settlement, the presiding U.S. District Judge agreed to dismiss the suit.

While the exact terms of the settlement were not disclosed, her lawsuit against the BP partners that were named as a part of the suit was also dismissed. It appears that the only party involved in the disaster that was not named in her suit was Transocean, who was the owner of the rig.

This lawsuit is but one of the more than 350 lawsuits that have been filed against BP, Transocean, and the many companies and contractors that were part of the oil-drilling project, sources told a NYC Personal Injury Lawyer. Each of these are from parties who claim to have been injured and/or suffered economic loss due to either the explosion itself, or due to the resulting oil spill that affected so many beachfronts and communities.

The owner of the rig, Transocean, still faces at least one federal lawsuit from the victims. For those victims who want to file a claim in that lawsuit, the deadline the federal court has set is April 20, which incidentally is the one-year anniversary of the oil rig’s explosion.

While it may be relatively simple to attempt to assess the blame for the tragedy, what many of the people in the Gulf region have experienced can defy belief. While there are those whose losses may be simplified by their having a little oil wash up on their beaches, others have endured events that are more dramatic--events, which have altered the course of their lives forever. No one should ever forget about those who died as a result of this disaster.

During the course of these events, one thing remains explicably clear, with all of the technologically advanced equipment and instruments, no one, according to the official reports, prepared for the ultimate worst-case scenario, which ultimately happened.

If you have experienced the loss of a loved one becase of a wrongful death, or have suffered an injury because of a the negligence of another, it is important to seek legal guidance right away. You may be entitled to compensation for your injuries, including reimbursement for medical expenses, loss of income, and for pain and suffering.

Continue reading "Deepwater Horizon Widow Settles Lawsuit" »

A man who knocked a woman down the stairs during a robbery on a CTA platform is being sought after for questioning, related a New York Injury Lawyer with ties to the case.

The woman 68, was rushed to the hospital, but died of a head injury, explained the N York Injury Lawyer.

Police are still looking for the robber, and have issued a community alert and been handing out fliers at the CTA’s Fullerton station. They are hoping the fliers will lead to more witnesses coming forward so the killer can be caught.

The woman who died wasn’t the target of the robbery which happened on Monday afternoon before 5 o’clock. The perpetrator grabbed the iPhone of a different person and happened to knock down the deceased while trying to make his escape.

Since a death is involved, the police are investigating it with the same importance as if it were a homicide. As far as police and investigators know the robber himself was unharmed and probably thinks he got away with his crime. Police are urging anyone with any information regarding this case to please come forward even if what they have seems significant.

The woman will be missed by her family and those in the community who knew her, as it was a tragic and senseless crime that led to a death, and all for an iPhone. The man whose iPhone was stolen felt responsible even though her family strongly urged him not to feel guilty and that it was the man who robbed him and pushed her down the stairs with no regards to anything except for whether he would get his iPhone.

People in the community were outraged at the pitiful nature of this crime and have publicly expressed their disgust. Police are hoping that this will make someone somewhere come forward with some information even if it is minor.

The man is still being sought and an investigation is pending by local police and the CTA until further notice.

Continue reading "CTA Robber Kills Woman " »

On Wednesday, the Florida 4th District Court of Appeals overturned an earlier decision by a Circuit Court judge thereby allowing a lawsuit that was filed in 2005, a New York Injury Lawyer has learned. As part of that decision, the appeals court ruled that the lower court had erred when it dismissed a negligence lawsuit in 2009.

The suit alleges that the plaintiff had entered the hospital in May 2002 seeking to have a broken ankle surgically repaired.. During her stay at the hospital, she acquired methicillin-resistant staphylococcus aureus, which is more commonly referred to as MRSA. The staff infection reportedly caused the plaintiff injury and complications.

MRSA is caused by a strain of staph bacteria, which has become resistant to the types of antibiotics that are normally used to treat staph infections. A NY Injury Lawyer found that MRSA commonly occurs in places such as hospitals, prisons, nursing homes, and dialysis centers. Any place that people have frequent skin contact is considered a possible place to acquire MRSA.

Although the original plaintiff in the case that the appellate court ruled on died in 2009, her husband has continued with the lawsuit. It should be stated at this point that while the woman did develop complications from her acquisition of MRSA at the hospital in 2002, her death was unrelated to MRSA.

The ruling on this case has paved the way for about 17 additional cases that have been pending the outcome of this decision. The widower’s attorney went on to say that the trial judge had dealt a big blow to every case that was awaiting trial for hospital acquired MRSA that had been filed either at the same time as this case, or during the time span since. These cases can all proceed to trial now, and those parties concerned can now have their day in court.

Suffice it to say that the hospital that was named in the case was disappointed with the appellate court’s ruling, and they would simply say that their legal teams are moving forward as the pending lawsuits make their way through the judicial process.

If you have been the victim of the negligence of another, including medical malpractice, a construction accident, or a defective product, it is important to speak to legal counsel as soon as possible. You may be entitled to compensation for your injuries, which can include not only medical expenses, but also compensation for pain and suffering, as well as lost income from work.

Continue reading "FL Appeals Court Gives Green Light to Staph Suit " »

A Plant City, FL, man is in the Hillsborough County Jail today as he waits for his court hearing on Friday after being charged with DUI manslaughter. The charges arise from a car accident that occurred on March 6 that resulted in two people being killed and two others injured including the accused.

Florida State Troopers told a New York Injury Lawyer that the accused was driving eastbound on State Road 60, in the westbound lanes, and just west of State Road 39. He then reportedly struck an oncoming vehicle nearly head-on. The 33-year old driver of the other vehicle was seriously injured, and her 34-year old passenger was killed at the scene. The accused man’s 23-year old passenger was also killed in the crash. The man who has been arrested and charged as a result of this was also injured.

Many of the eyewitnesses of the crash were horrified, and those who could see the vehicle driving in the wrong direction report that they felt helpless as they watched and could do nothing to stop it.

As part of their ongoing investigation, the troopers reports said that the 50-year old man’s blood alcohol content was 0.216. Florida’s legal maximum blood alcohol content is 0.08. Driving under the influence and manslaughter are not the accused only charges that he faces. A NYC Personal Injury Lawyer also found the man has also been charged with “driving under the influence involving serious bodily injury, and one count of DUI property damage.” Since he was driving on the wrong side of the road, he received a traffic citation for that as well.

In the State of Florida, DUI manslaughter is considered a Second Degree Felony. If convicted the accused faces heavy fines, payment of restitution, and a maximum prison sentence of up to 15 years. If convicted of the charge of DUI involving serious bodily injury, which is a Third Degree Felony, he could receive up to a $5,000 fine and up to five-years in prison. There is also the possibility of his losing his driving license for the rest of his life also.

If you have suffered injury due to the carelessness or negligence of another party, it is important to speak to legal counsel right away. You have a right to receive just compensation for your injuries, which can include reimbursement for medical expenses, lost income from work, and pain and suffering. It is important to act promptly however, as there are strict filing deadlines on personal injury cases. Do not delay, and call us today for a free consultation.

Continue reading "Florida Man Facing DUI Manslaughter Charge" »

By means of a recent report that was issued Tuesday, a New York Injury Attorney learned that at least part of the reason for rogue doctors being allowed to continue practicing medicine after having established a negative history is that state medical boards are not disciplining them. They are not disciplining them even after both hospitals and in many instances, the legal system have established histories of negligence and malpractice.

State medical boards are charged with the responsibility of licensing and also with the disciplining of doctors, dentists, and some other medical professionals. The problem it seems, is that once rogue doctors have been disciplined and in some cases restricted and fired from a hospital, the state medical boards are lax in disciplining them. The report that was prepared by Public Citizen, which is a nonprofit consumer advocacy group, further states that Florida’s proportion of undisciplined doctors was higher than the national average.

The group acquired the data used in the report from the National Practitioner Data Bank that was established as a way to track those doctors who were either barred, or restricted. Hospitals, state licensing boards, and professional societies are required to report any activity involving doctors whose privileges to practice at a hospital have been suspended or revoked, or whose license has been suspended or restricted. The reporting requirement is also inclusive of any issues with the doctor’s professional conduct or competence.

There have been relatively few doctors that have been disciplined over the past 20 years, the NYC Personal Injury Lawyer was told. Of the 10,000 doctors that have been disciplined during that time, only 5,800 of them were actually discharged from their duties at a hospital. The report goes on to add that in most cases the state medical boards took no action against the problematic doctors, and that most of them continue to practice medicine.

While the report lists a few examples of problem doctors, there is one that is troublesome. One such doctor, who was never disciplined by the state medical board, had at least 10 medical malpractice reports over a 14-year period that totaled more than $7 million in damages.

Continue reading "Many State Medical Boards Leave Bad Doctors Undisciplined" »

There are DWI suspects, and then there are DWI suspects who drive their pickup truck onto a police cruiser. A New York Injury Lawyer was told of a recent DWI arrest that a 26-year old man may want to tell his children about, or perhaps he would just as soon forget about it.

Early Sunday morning outside of a local bar, two men became involved in an argument following a night of drinking. As the two men were outside of the bar continuing in their heated discussion, one of the men climbed into his Volkswagen and sped away. The other young man would not hear of it and chose to enter his F-250 pickup and give chase to the other man, recounts the NY Personal Injury Lawyer. The chase continued for a short time and ended when the man in the pickup truck forced the driver of the Volkswagen into a utility pole. As bad as this is at the moment, unfortunately the story does not end at this point.

The 26-year old pickup truck driver, having had a few too many alcoholic beverages at the bar and apparently startled at the crumbled up Volkswagen that lay before him, threw his pickup into reverse so as to back away from the damaged vehicle. What he did not notice was the unmarked police vehicle that had been driven in behind his truck by an alert detective who had been witness to almost the entire crash.

Having his vehicle in reverse and unaware of the detective behind him, he backed his truck onto the hood of the police car. Thankfully, the detective was quickly taken to the local hospital where he was treated and released with minor injuries. The monster-truck driver, however, was immediately taken into custody and charged not only DWI, but also with reckless driving, negligent driving, and two counts of second-degree assault.

The 26-year old Maryland man with monster-truck ambitions was released from jail sometime Sunday morning after posting a $10,000 bond.

Drinking and driving never mixes, regardless of whether you drive on or off road. If you have been injured because of the negligence or carelessness of another, whether it involves a brain injury, broken bone, or back injury, it is important to get legal guidance as soon as possible. You may be entitled to compensation for your injuries including reimbursement for medical expenses, pain and suffering, and loss of income.

Continue reading "Man Drives Monster Truck onto Police Cruiser" »

A New York State senator wants to pass a bill that would increase the percentage malpractice lawyers can receive for taking on medical malpractice lawsuits. Currently, lawyers can earn up to 30% of the first $250,000, 25% on the next $250,000 and 10% on settlements totaling more than $1.25 million. The state of New York is trying to place a cap of $250,000 on malpractice settlements, points out a New York Injury Lawyer. The senator, also a malpractice lawyer, said he opposes any type of cap.

Many states are trying to place limits on the amount of money those filing malpractice lawsuits can claim to reduce medical insurance costs and protect those in the medical community. High amounts sought in medical malpractice cases have driven some medical personnel to stop practicing or open a practice in a state with caps already in place. Capping the amount of those filing malpractice lawsuits may or may not stop the increase of medical insurance costs for medical personnel and patients.

The senator wants to increase the percentage lawyers can receive from a settlement to 33% by repealing an old law currently in use. While his efforts may or may not be successful, making changes to how much lawyers can charge for representing their clients and how much people can sue for medical malpractice will continue to be an ongoing debate.

Malpractice lawsuits cover a variety of items including medical error, database error, failure to alert patients as to the risks of certain procedures, botched procedures, lost wages, emotional stress and permanent injury which render patients unable to work and support themselves, explained a NY Personal Injury Lawyer. Placing a cap on malpractice lawsuits may prevent those who have been injured from receiving the monetary compensation they deserve. The state senate will continue to debate this issue and the issue of lawyer compensation until a final decision is reached. In the meantime, those who have lawsuits pending may be able to settle out-of-court for the full amount they are suing for or some other amount that seems reasonable for all parties involved.

Continue reading "New York State Senator Wants to Increase Malpractice Lawyer Compensation" »

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 multi vehicle car accident is not said to have been caused by gunfire that had preceded the accident, claim early reports.

A Chicago bus was sent crashing into a utility pole that left 11 people injured. The accident occurred Tuesday morning shortly before 10 am.

No one was shot, says a New York Injury Lawyer. The gunshots were fired on the south side of Chicago, according to local police. Two people have been sent to the hospital and are said to be in serious and critical condition at this time. The injuries are mostly said to have been caused by shattered glass, according to the local authorities.

The incident began when a car careened into a city bus, which then proceeded to run into a pole. Authorities haven’t made claimed anything for certainty, but it is widely believed that the shooting either caused the crash or possibly was aimed at one of the cars involved in the accident.

Chicago detectives are actively searching for and viewing any and all surveillance footage in the area to see if they can pinpoint the exact cause. It may never be known, but police are not going down without a fight.

Some of the available witnesses reported seeing some gunmen leave their vehicles and immediately start firing and their target appeared to be the first vehicle, although none said so with absolute certainty.

A couple of the witnesses said the perps were young and stepped out of the car and immediately began firing what they believed were Uzi’s or AK-47’s, shooting up the whole block without concern. Police and investigators would not, and could not confirm if this was in fact the case.

So far eleven people have been taken to hospitals, including the two in serious condition, say representatives from the Chicago Fire Department. There were three people who refused to be treated at the accident site.

According to an NYC Personal Injury Lawyer, no arrests have been made in this case.

If you have suffered injury due to the carelessness or negligence of another, it is important to speak with a lawyer promptly to ensure that your rights are protected. You may be entitled to compensation for your injuries including reimbursement for medical expenses, pain and suffering, and loss of income. But it is important to act quickly to ensure that your rights are protected.

Continue reading "Gunfire Cause of Chicago Bus Accident " »

A local championship golfer was granted $15,000 in damages, indicated reports form a New York City Injury Lawyer. The woman was said to have suffered discrimination at a golf course owned by the town.

The woman was actually wanting $500,000, to close the case, but she settled for the smaller amount.

The sum will be paid by the local town. The city will also pay a portion of the legal fees as well as their own. The town apparently spent a good deal of money defending itself in this case, although the town’s insurer is expected to cover the costs.

The town apparently tried to negotiate with the woman over and over before it became a federal case and the woman would not settle. She claimed to be entitled to more money and would not settle until she got it. In the end she settled anyway.

The woman claims that the town discriminated against her when she was not allowed to play alongside her father in a men’s tournament at a golf course that is owned by the town. The woman actually lives in nearby but owns property in the town and plays with her single digit handicap there.

Public golf courses in Massachusetts are not required to have mixed gender tournaments according to the District Court. The woman’s lawsuit was not the first of it’s kind however. According to a New York City Personal Injury Lawyer, the court had found in favor of women who said they were treated differently than men in play at private golf clubs as well as country clubs. A decision was made last year to expand the decision to publicly owned golf courses too.

The golf course denies that the woman was discriminated because of her gender and repeatedly tried to settle the case, but the woman would not allow it. So the question went from whether she was actually discriminated against to how much the damages should be. The town originally offered much more than the $15,000 settlement.

Whehter you have been a victim of premises liability, or have been injured in a auto accident, or a motorcycle accident, it is important to consult with legal counsel right away. You could be entitled to compensation for your injuries. It is important not to delay however, the early you consult with qualified legal counsel, the better your chances for a postive outcome.

Contact Stephen Bilkis and Associates for guidance and a free consultation. We have offices located throughout New York City, such as locations in Manhattan, the Bronx, Brooklyn, Queens and Staten Island. We also have locations in Suffolk County and Nassau County on Long Island, as well as Westchester County.

Continue reading "Woman in Golf Lawsuit Awarded Damages" »

New York Fire Fighters were able to rescue those trapped in an apartment fire in Brooklyn and prevent any fatalities. While eight residents and nine fire fighters are in the hospital for injuries, all of the residents were able to get out safely. The fire was first reported around 5am, states a New York Injury Lawyer and was put out around 7:30am. Fire fighters worked tirelessly to help residents out of the building and put out the fire.

The cause of the fire is currently unknown. Further investigation by arson investigators will be necessary to determine the cause or causes. The building was a four-story apartment building with many residents. Since the stairwells were blocked by the fire, getting people out required the fire department to use ladders, trucks with buckets attached and other equipment. As residents were evacuated, the fire was contained. The deputy fire chief congratulated the fire fighters for their ability to work quickly as a team in saving people trapped inside the building.

A NYC Injury Lawyer claims that 31 people in total were injured in the fire. While only 17 were sent to the hospital, many people suffered from burns and other minor injuries. Local emergency medical services were called out to tend to the injured people. It is unknown at this time the exact injuries of those who had to be hospitalized. In a fire like this one, severe burns, damage to the lungs and other types of wounds are typical.

Learning more about the cause of the fire is now a concern. If the fire was set intentionally, the person or persons must be caught to prevent another fire. Those who start fires usually continue to do so until they are caught. If the fire was an accident, arson investigators should be able to pinpoint from which apartment the fire started. The fire may have also started in the basement or electrical room in the apartment building. There are many unanswered questions at this time as to the actual cause of the fire. The residents will have to relocate in the meantime until the building is rebuilt

If you are a burn victim that has been injured because of the carelessness of another, or have suffered an injury because of an accident or negligence, it is important to speak to skilled legal counsel as soon as possible. You may be entitled to compensation for your injuries including reimbursement for medical expenses, pain and suffering and loss of income.

Continue reading "New York Fire Fighters Put Out Apartment Building Fire and Save Lives" »

Two children were injured in a car accident and taken to separate hospitals where they are recovering from critical injuries. One child was not breathing and was unconscious when emergency medical personnel arrived and had to be transported to the hospital in a helicopter. The other child was also unconscious, but able to breathe without assistance, reported a New York Injury Lawyer. The parents of the children were also in the vehicle, but only suffered minor injuries. Both children were securely fastened in child seats at the time.

The driver of the other vehicle involved in the accident, a local church deacon, died at a local hospital from injuries he sustained after the car accident. It is unclear how the accident occurred, but the deacon ran off the road and hit the other vehicle while it was sitting at a stoplight. The deacon hit a utility pole which propelled his vehicle into the air. It then crashed into the other vehicle.

Further investigation is needed into the exact cause of this accident. Mechanical failure, driver error or medical emergency are potential causes, points out a NY Personal Injury Lawyer. A medical examiner's report should shed some light on the medical condition of the deacon at the time. He may have suffered a heart attack or stroke which could have caused him to lose control of his vehicle.

The deacon was a friendly, popular man in his church. Many in the parish are now mourning his sudden death. It is unknown when funeral arrangements have been made or where the funeral will be held. In the meantime, the community continues to mourn the loss of one of their leaders and hopes the children involved in the accident will recover soon.

Depending on the extent of their injuries, the children may have to spend time in the hospital and then participate in out-patient care. It may take many months before the children heal from their injuries. The damage to the vehicle the children were traveling in is unknown at this time. It is also unclear how badly injured the parents where after the accident.

If you or a loved one has been seriously injured in an accident due to the carelessness or negligence of another, contact legal counsel right away. You could be entitled to just compensation for your injuries including reimbursement for hospital expenses, lost income from work, as well as pain and suffering. It is important to act promptly to ensure that your rights are protected at all stages of your legal proceedings.

Continue reading "Two children were injured in a car accident " »

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.

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A helicopter carrying a large air conditioning unit crashed into another building injuring the pilot, but not causing any fatalities. The aircraft was carrying the unit to a nearby office building, states a New York Injury Lawyer. When the helicopter crashed it caught fire. The first and second floors of the building were badly damaged due to the fire. Fire fighters were able to get to the scene quickly to put the fire out. No one was on those floors at the time.

The pilot was injured and taken to a nearby hospital where he was treated. The helicopter was not salvable and burned in the fire. The accident happened about one mile from the Los Angeles Airport, in the town of El Segundo, California. The accident occurred on a Sunday morning. It is unclear the extent of the pilots injuries or if he will require additional out-patient care after being released from the hospital.

Fire fighters quickly rescued the pilot from the cockpit before the fire reached him. According to the fire chief, it took about 30 minutes to put the fire out. The pilot's injuries would have been much worse if he had not been pulled from the helicopter at that time. No one else in the building or on the ground was injured.

It is unclear if pilot error caused the helicopter to crash or if it was a mechanical error or carrying if too much weight was the cause. Since the helicopter was destroyed in the fire, it may be impossible to know the actual cause of the crash. According to a Queens Personal Injury Lawyer, further investigation will be necessary to determine the cause or causes of the crash.

It is unknown if the air conditioning unit was salvageable after the fire was put out. Depending on the severity of the fire, the unit may have been destroyed along with the helicopter. It is uncertain whether a new air conditioning unit will be flown over to the same location. Fortunately, fire fighters arrived on the scene in a timely manner to put out the fire and prevent any additional injuries.

This pilot was lucky. Whether a helicopter crash, or an airplane crash, these types of accidents can cause serious injury and often death. They often pose unique and complicated legal challenges. Discovering the chain of events that caused the crash is often difficult, particularly when the plane has been destroyed in the accident. If you or a loved one has been involved in an accident that has resulted in serious injury, seek legal guidance right away. You could be entitled to compensation for your injuries, including reimbursement for medical expenses, pain and suffering, and loss of income.

Continue reading "Helicopter Crashes into Building While Airlifting Air Conditioning Unit" »

A public school bus driver and one student were injured when the bus collided with a car on a highway in North Carolina. The driver of the vehicle and three passengers were killed as a result of the auto accident. Apparently, the driver of the car was trying to pass the school bus at the time of the collision. Further investigation is needed to provide additional details. This is a tragic accident as the passengers in the car were a family.

The accident happened around 4pm on a Tuesday afternoon. The bus driver and student were taken to a local hospital for minor injuries. The extent of their injuries is unknown at this time. The bus driver, a 61-year old woman and the student are expected to be released soon. A New York Injury Lawyer points out that even though the bus driver and student only suffered minor injuries, they may need out-patient care and counseling to deal with the stress of being involved in a fatal accident. Local school districts have created counseling teams to help other students and those living in surrounding areas cope with the tragedy.

It is unknown where the driver of the vehicle and his family were going at the time of the accident. The driver attempted to pass the bus by moving into the center lane. The vehicle hit the bus at a fast speed which caused major damage to the vehicle and to the bus. While police believe excessive speed may have been the cause of the accident, police are still investigating to determine if poor road conditions, medical emergency or mechanical error may have contributed.

It is unknown if funeral arrangements have been made for the family or where the funerals will be held. The extent of damage to the vehicle and the bus is also unknown at this time. Police officials may have to examine the vehicle and the bus to determine the exact cause of the accident. In the meantime, the community mourns the loss of a family that has passed under tragic circumstances.

Continue reading "North Carolina Family of Four Dies in Collision with School Bus" »

A European football player was involved in a car accident when his vehicle was struck by a local bus. The bus, carrying about 40 passengers hit the player's vehicle around 8am. The player was on his way to train when the accident happened. Two teammates were driving in another vehicle behind the player and were able to get him out of the vehicle before medical personnel arrived on the scene. The teammates were able to safely remove the player without causing additional injury.

The player was taken to the hospital for minor injuries and remained overnight for observation. An MRI was given to determine if the player suffered a concussion or other internal injury such as head trauma or neck strain. The player was also checked for shoulder injury. The hospital has since stated that the player is in stable condition.

It is unclear at this time which driver caused the accident. No injuries were reported by those on the bus. The bus, a local public transportation bus, was making its usual stops when the accident occurred. It is unknown how much experience the bus driver had or if the bus experienced mechanical problems at the time of the accident. Further investigation into the accident will be needed to determine the exact cause. No charges have been filed so far, points out a New York Injury Lawyer, but may be pending if the player or the driver is found negligent.

The player has had an exciting career so far. It is unknown when the player will be allowed to return to the field. Depending on the extent of his injuries, he may need physical therapy and time to heal before returning to the game. In the meantime, the player is recovering without incident. The damage to the player's vehicle and the bus is also unknown at this time. Police may have to examine the vehicle and bus for evidence.

Continue reading "Football Player Injured After Collision with Bus" »

Several National Guard troops helped rescue two people trapped in a car after an accident. The car had caught on fire, but the troops were able to safely pull the people out before they suffered major injuries. The troops were also able to start emergency medical procedures before medical personnel arrived. The troops probably saved those people's lives, points out a New York Personal Injury Lawyer. The people involved in the accident were taken to the hospital and treated for their injuries.

No other vehicles were involved in the accident. The car was traveling alone on the highway when it flipped over. Two people inside were trapped, but not seriously injured. One of the National Guard troops had a combat lifesaver bag in his vehicle which he used to provide treatment to the car accident victims. The troops were on their way to a local air force base when they came upon the vehicle. It is unknown at this time what caused the accident. Both the driver and the passenger will probably be interviewed once they are well enough to do so.

The accident occurred in the morning hours. The roads were not slick and bad weather was not a factor. It is unknown if alcohol or illegal substances played a part in the accident. The driver of the vehicle will be issued a ticket and may face other charges as evidence is collected. Further investigation by local law enforcement officials is needed to determine the exact cause of the accident.

Luckily, the National Guard troops arrived on the scene to save the trapped passengers in the vehicle, The injuries the driver and passenger could have been much worse. The condition of the vehicle is unknown. It took clean-up crews several hours to remove the vehicle and leftover debris. The highway was then reopened to other motorists.

The driver and passenger of the vehicle were on their way to the airport at the time of the crash. The highway is a popular route for those going to and from the airport to use.

Continue reading "National Guard Troops Help Victims of Car Crash" »

A convicted sex offender accused of kidnapping and raping an 11-year-old girl, then holding her captive for 18 long years was expected to plead guilty. Instead, due to allegations from the kidnapper’s lawyer that the jury was improperly selected and acted in an inappropriate manner, the kidnapper entered not guilty pleas to charges of kidnapping, rape, and other charges, according to a New York Personal Injury Lawyer.

The kidnapper’s public defender claimed there were problems with the jury during a brief hearing where the kidnapper and his wife made their pleas. The public defender did state she had questions about the racial and geographical makeup of the jury that first indicted the couple for kidnapping and imprisoning the young girl, who is now 30 years old.

According to a Superior Court judge, the defense had raised “issues about the process itself before the grand jury” and whether the panel “acted appropriately during the proceeding.” He told the public defender that she had to submit her statement writing, and also told her he would seal the motion once it was submitted.

According to a New York City Personal Injury Lawyer, the lawyer for the kidnapper’s wife had stated earlier that the 60-year-old accused kidnapper intended to plead guilty, and that he had agreed to spend the rest of his life in prison. The public defender was not pleased with the other lawyer’s statements to the press.

“He shouldn’t have been speaking for [my client]. He should speak for his client”. The alleged kidnapper’s attorney explained that he only learned about the other attorney’s plans the day before the hearing. Neither one of them wished to comment further about just what problems they found in the grand jury.

The district attorney of the area said he was not bothered by the challenged to the grand jury. He expected everything to proceed as it had been.

“My responsibility is to see that these two are held accountable for the enormity of their actions,” he said to a Manhattan Personal Injury Lawyer. “We are determined to do that.”

If you have been hurt by another, it is important to act promptly and get legal advice as soon as possible. In many instances there are strict time deadlines within which you are able to file a claim. Be sure to contact legal counsel as soon as possible.

Continue reading "Unexpected Developments in Kidnapping Case" »

A July 4th parade stampede in Bellevue, Iowa, has prompted not just one lawsuit. A second one has been filed.

A couple from Illinois is suing the owner of a set of horses and a buggy, which ran wild during the annual parade. The runaway horses injured dozens of people, including the Illinois couple’s daughter. The wife of the buggy’s owner was killed.

The Illinois couple filed on behalf of their daughter, who as 6 when the accident occurred. They want fair compensation for her injuries, and payment for the costs of the lawsuit they are pursuing. The couple has also demanded trial by jury.

On the day of the accident, the father was quoted as saying, “A friend ran to pull her out of the way, but couldn’t get there in time. She was so excited to be here and catching candy.”

According to the suit, the buggy owner was negligent when operating the carriage and did not have proper control of his horses. His rigging was also unsafe, they told a New York City Injury Lawyer, nor did he have a plan if the horses ran amok. As for the city, the couple believes they are also at fault for not having a safe parade route, for their failure to protect pedestrians, for their own lack of an emergency plan, and for allowing these horses to even be in the parade.

The buggy owner’s wife was killed in the incident when she was thrown from the carriage. An NYC Personal Injury Lawyer has been unable to determine what caused the horses to behave in that manner in the first place.

The couple has stated their daughter “has and will in the future continue to suffer injuries and damages.”

An orthodontist has filed a suit very much like that of the Illinois couple. His own daughter, who was 4 at the time, suffered a serious head injury. None of the attorneys representing the parties in the suit were available to speak to anyone.

These types of incidents can lead to not only physical scars, but emotional ones as well. If you have been hurt because of the negligence of another, it is important to know that you may be entitled to compensation for your injuries. Compensation can include reimbursement for unpaid medical expenses, loss of income, emotional distress and more.

Continue reading "Stampede Suit Filed in Iowa" »

California Highway Patrol has reported two people who were injured in a head-on car accident on Highway 46.

The accident occurred on a Saturday, around 11:15 p.m. Officers reported that a 49-year-old man from Fullerton, CA, was traveling west when he drifted into the eastbound lane. Police are fairly certain this was due to intoxication. Another driver, a 41-year-old man from Visalia, was traveling in the eastbound lane. When he saw the Fullerton driver drifting into the wrong lane, he pulled over to the side. The Fullerton man still hit the other vehicle on the side, and continued driving on, only to hit the vehicle of a 37-year-old Fresno woman head-on.

Both the allegedly intoxicated driver and the woman had to be extricated from their vehicle by emergency responders. The woman was taken to a hospital in Templeton, then air lifted to a hospital near her hometown of Fresno. The suspect was also taken to Templeton, then transferred to another hospital to receive surgery.

In the meantime, he was arrested for felony driving under the influence – the injuries the woman received raised the status of the crime from a misdemeanor. The second driver, the man from Visalia, was unharmed.

No one can possibly know when an accident will occur, changing lives forever. It is impossible to be truly prepared, no matter how good insurance might be, because there are always costs that are unforeseen – often emotional costs. While it is impossible to easily heal emotional suffering and trauma, there is still a need for justice, which means good legal representation is very important. There is no one better for that than a New York Personal Injury Lawyer.

Recovery could very well take more resources than insurance allows for, and even if it doesn’t, the one who caused the accident should be taken action against in such a way that ensures such an accident never occurs again. The accident could not have been prevented by the victim, but there are ways for a victim to help prevent future victims.

Continue reading "Two Seriously Injured in California in Suspected DWI" »

Last week, prosecutors asked a U.S. District Court Judge to overturn a Magistrate Judge’s decision. The decision was to grant pretrial release to a man accused of sexually assaulting an underage cruise ship passenger.

In the Assistant U.S. Attorney’s filing, she labeled the 19-year-old defendant as a “dangerous serial child predator.” The young man has confessed to having sex with a 13-year-old on a cruise ship and to having sex with two additional minors. He also admits to forcing another girl into sex.

The defendant’s attorney said that the Magistrate Judge established strict conditions for his release to ensure that the public is protected while the case proceeds. He insisted that his client was not going to be left alone. According to the lawyer, his mother and stepfather will make sure that he follows the order so that there would be no problem.

In the complaint that was just recently released, the public got its first detailed look at the allegations formed against the 19-year-old.

According to an affidavit filed by the FBI, while on a cruise ship the man approached a young girl while she was on her way to dinner. He made plans to meet her later. The affidavit clearly says that she revealed her age as 13 to the man. The defendant admitted to having sex with this girl when he brought her back to a cabin he shared with his siblings. The siblings were not present during the affair. The defendant told investigators that the sex was consensual, but the young girl told authorities that she did not want to have sex and that the man hurt her.

“The affidavit also said other passengers reported the defendant spent an abnormal amount of time in Circle C – the section of the ship reserved for children between 12 and 14,” reports a New York Injury Lawyer.

The 19-year-old faces separate sexual battery charges involving another 13-year-old girl that he met through Facebook. After “friending” her, even though he did not know her, he began texting her and eventually showed up at her house when she was playing with a soccer ball. The girl rebuffed his efforts to kiss her and go inside the house. He returned on another day and sent her a threatening message which prompted her to leave the house with him. He then drove the minor to a nearby location and raped her. The defendant admitted to investigators that he coerced the girl into having sex with him. It is not uncommon in these instances to see multiple charges against a defendant, which can result in a criminal charge, as well a civil actions for personal injury to the victim.

He also confessed to having sex with another girl who is in the seventh grade and to forcing a former girlfriend to have sex after he became angry with her.

Continue reading "Serial Child Predator on Cruise Ship" »

A man from Marion who was working on a motorcycle in his garage was taken to the hospital for treatment, says a friend. The man was working on the motorcycle when there was an explosion in his garage. He is currently in the hospital and it is unknown when he will be released.

Firefighters were sent to his home somewhere between 9 pm and 10 pm that evening after someone called the police to report the explosion, stated the report.

The explosion did cause damage to the garage, which happens to luckily not be connected to the house that is on the property, reports the friend. The explosion also caused damage to the siding on one of the neighbor’s houses, although at this time it is not known exactly how much damage was caused or exactly how far the explosion reached. Fire investigators say that the explosion could possibly have reached houses and properties several houses down from the incident.

Investigators are currently looking into just what could have caused this explosion and are asking that anyone who may have been a witness or just thinks they might have some information to come forward right away, even if they think their info is meaningless.

Sometimes the seemingly insignificant piece of information can turn into a big break in a case and that is what police are hoping will happen in this case.

So far no foul play has been suspected, although investigators are asking around to see if the victim may have had any enemies who may have wanted to harm him in any way. So far, it has just been called an accident although that can change if any new info comes in.

Firefighters said the man was extremely lucky that his garage is not attached directly to his house; otherwise the injuries could have been much more catastrophic than they were. It is unknown at this time if anyone was in the house at the time of the explosion

Investigations are currently pending in this case. New York City and Westchester County would handle this the same way.

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A passenger was killed in October when the driver met into an accident while driving drunk. A police officer told the authorities that the woman was only twenty years old and she decided to drive while intoxicated, which was not a wise decision to make. Her blood alcohol level was way over the limit as she drove her car on Highway 98 in Destin, Florida. Her car hit a utility pole according to what the news media told the police.

She had a passenger in the car and that passenger was a young lady who was only twenty two years old. The passenger died on the scene. The twenty year old drunken driver, stated the source, was arrested three months later for this incident.

According to reports by the Police, both passenger and driver were going east on the highway over the speed limit and suddenly the car ran off the road into a utility pole. This happened at about four thirty in the morning close to where the passenger and driver lived. New York City and Long Island deal with these types of accidents very swiftly and with little tolerance for the drunk driver.

A warrant was issued for the driver’s arrest, the Police told the newspaper. The driver gave information to the Police that she had three shots of liquor at midnight and that she had gone to a nearby bar and salon. She got paranoid that a white car was following her on the highway. It was when she looked back that her eyes came off the road and the car accident occurred.

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