Bronx

Published on: January 15, 2012

Report May Condemn Cop Who Crushed Sunbather

by Stephen Bilkis

A police officer was simply not watching where he was going when he ran a sunbather over with his SUV, according to a police report uncovered by a New York Injury Lawyer. People screamed at him to stop, but he just kept going.

The officer’s story is different. He claims he looked before making the U-turn that resulted in him running over the victim with his 5,000-pound vehicle. The victim was sitting in a chaise lounge at the time.

The report has quotes from witnesses who said there were a number of other people at the beach shouting for the officer to stop.

Published on: January 3, 2012

Bus Driver Charged in DUI

by Stephen Bilkis

A Stockton bus driver was arrested after police found her weaving on a California highway, according to a report. The bus driver had also run several vehicles off the road while she was swerving and driving erratically. Police were alerted to the situation and arrived before the bus driver could seriously injure someone. The bus driver was using the bus during non-school hours as she was caught on a Saturday evening.

The observer says that luckily no children were on the bus at the time the incident occurred. If children were on the bus when the incident occurred, the driver would be facing even more and serious charges than just an ordinary DUI arrest. The driver has been charged with driving under the influence and for driving under the influence with a blood alcohol level higher than the legal limit of .08. There is no word on the status of the bus driver’s job.

The bus driver was charged and then later released. She will face possible jail time and fines for her crime. The judge will also decide if she will be allowed to drive the bus in the future for any school district. The police believe that the bus driver will face the charges later in the spring. Depending on if this is her first offense will determine the amount of her fine and if she has jail time or not in her future.

Published on: December 31, 2011

Accusations of discrimination prompt lawsuit against SoHo Apple store

by Stephen Bilkis

A lawsuit filed against a SoHo Apple store by a former employee alleges discrimination based upon a mental health disorder, tells a source. The woman filing the lawsuit claims that she took a leave of absence due to mental instability, and once cleared by a psychiatrist to return to work, did so with the understanding that her previous condition would not hinder her return to work.

According to a friend, however, after her four month leave of absence, upon her return to work it was obvious to the woman that the other employees and in particular the Human Resources director of the company did know of her prior condition. The woman claims that she was treated poorly, her job was cut, she was replaced by another worker and then put in what they called a “holding pattern” until they could find a place for her. She was moved to the basement office where she had nothing constructive to do. The woman moved to Chicago after Apple had told her that she could work in their Chicago office, but that job fell through as well.

The person stated that the woman is suing for back pay, lost wages and at least $300,000 in punitive damages. There is no word yet as to how Apple will handle this situation. In another case of discrimination filed against Apple, a 60 year old man has charged that he was treated unfairly because of his age. Discrimination is one of the leading causes of lawsuits filed against employers. In The Bronx and Long Island these laws are similar to the one in this case.

Published on: December 15, 2011

Lawsuit claims Zicam Causes Loss of Smell

by Stephen Bilkis

A source reports that Matrixx, makers of Zicam Cold Remedy are involved in a class action suit because their product (Zicam) causes loss of smell in its users.

Matrixx of course wants the case dismissed, relates a spokesman. They claim that this is not true, of course.

The District Court granted this motion, explains the expert, but the Ninth Circuit reversed the motion, saying that the District Court made a mistake when they required an allegation of statistical significance to establish materiality. Instead, they came to the conclusion that the complaint thoroughly claimed information linking Zicam and its user’s inability to smell, otherwise known as anosmia. There were also allegations that Matrixx withheld information about reports to these side effects and about lawsuits already pending by Zicam users that they knew about the wrong doing. This is obvious personal injury.

Published on: December 3, 2011

Crib recalls and defects on the rise this past year

by Stephen Bilkis

A study points out that in the past year, the U.S. Consumer Product Safety Commission (CPSC) has had a slue of recalls for cribs that are both drop-sided and non-drop sided and they have been manufactured all over the world, including the United States.

Investigators in The Bronx and Brooklyn are questioning why products for such a vulnerable group aren’t tested properly. “Why should children’s lives be at risk,” One salesman asks and adds, “Where is product testing when it comes to infants’ and children’s furniture? Why is it taking so long for companies to define, adopt and implement standards of excellence that prevent dangerous children’s furniture from reaching the marketplace at all?”

He sights examples from several manufacturers including Graco in April of 2010, who recalled 217,000 drop-side cribs. The company had received nearly 100 reports of the cribs hardware coming undone and six reports of children falling out of the crib when it came undone. The cribs were manufactured in China and VietNam cost families between $140 and $200.

Published on: November 29, 2011

School Bus Driver Injured in Vehicular Accident

by Stephen Bilkis

A school bus driver suffered minor injuries to his face after being run off the road by a 20-ton coal truck. The bus was carrying high school students on their way to participate in a college science class. The bus driver was able to turn the bus and avoid the coal truck before it hit the bus. None of the students on the bus suffered an injury. They are calling the bus driver a hero.

One of the teachers on the bus says he was grateful to have an alert and experienced driver who knew what to do to avoid a potentially deadly accident. The bus driver received facial lacerations from shattered glass and was treated for these injuries by medical personnel. The bus driver swerved and landed in a ditch. The impact caused the windshield to crack.

Further investigation is needed to determine the exact cause of this accident. The coal truck may have been trying to pass the bus and miscalculated the bus’s speed. The coal truck crossed into the same lane as the bus and nearly caused a head-on collision. Mechanical error or medical emergency may be to blame which is why further investigation is needed.

Published on: November 20, 2011

Deceased died due to a lap belt being installed instead of lap and shoulder belt

by Stephen Bilkis

Product liability cases are often long and complex. This case was no exception to that rule. A dead woman’s estate brought a wrongful death action, stating that the woman had died in an accident due to the fact that the rear aisle seat of her SUV has only lap belts instead of lap-and-shoulder belts.

The case was dismissed at the state trial court level and on appeal it was affirmed. The court found material that specifically required the installation of passive restraint devices (seatbelts) pre-empted a state tort suit against an auto maker who failed to install airbags.

In this particular case, the Federal Motor Vehicle Safety Standard stated that auto makers are required to install seat belts on rear seats and the must install lap-and-shoulder belts on seats next to car doors or frames. However, they may put in either lap belts or lap-and-shoulder belts on rear inner seats – meaning in an aisle.

Published on: October 25, 2011

An attorney in a sexual harassment case has been suspended for one year

by Stephen Bilkis

An attorney has just been suspended for one year from practicing law after being accused in multiple situations of sexual harassment said a New York Injury Lawyer.

After a thorough review of the accused attorney’s case, the Supreme Court suspended him for longer than the original year sentence, and even questioned whether he should be permitted to practice law ever again. According to some of the files, the man was accused of harassing five different administrative assistants. Some of the accusations involved sexual and shocking notes on the women’s desks, whereas some of the woman said they were fondled or touched in a sexual way without consent or sent racy photos via text. The man had been serving as a defense attorney and a pro-tem judge in his local county.

He insisted his behavior was ok because he was good friends with these women and they knew he was joking around. He added that he suffered from low testosterone and that the medication he needed to take, Androgel, caused aggressive behavior and depression.

Published on: October 9, 2011

Cruise Passengers Catch Illness

by Stephen Bilkis

Royal Caribbean’s latest return to Tampa wasn’t so sunny. After a six-day cruise, many guests came down with what the company has called a gastrointestinal illness. Reports of the intensity or cause of the illness were not released at the time of this statement. Everyone seems to be recovering fine from the ordeal.

Passengers and their families were treated for free due to the large amount of people who contracted the illness, states a New York Injury Lawyer. Passengers stated that they couldn’t have been happier with how the situation was handled. From the captain down to the crewmembers, everyone was the epitome of professionalism and decorum. But this is a case of product liability.

After any outbreak of illness, the ship must be cleaned before any new passengers step on board, reported a passenger. This cleaning isn’t the usual run-of-the-mill cleaning that normally takes place between cruises, but an intense ultra-cleaning.

Published on: September 25, 2011

Family files wrongful death suit against city of Oak Ridge Oregon

by Stephen Bilkis

Back in June, a retired school teacher was making a left hand turn in her 1965 Thunderbird when she was broadsided by a police car that was in pursuit of a speeding vehicle. The 91 year old woman was killed in the crash. Her family has filed a wrongful death suit against the city and is seeking $534,000 in the claim, says a New York Injury Lawyer.   The 28 year old officer who was driving the patrol car that killed the woman will not face criminal charges resulting from the accident, but that is not good enough for the family of the woman who was killed.   According to reports, investigators determined that the woman driving the Thunderbird was solely at fault because she failed to yield to a police vehicle. Had the officer been blaring his lights and sirens, perhaps that determination would have merit. There are specific laws regarding this situation if it occurs in The Bronx or Brooklyn. But the fact is the officer had no lights or sirens on at the time of the accident, and so it is easily assumed that the woman would not realize that there was a patrol car headed towards her.   The family alleges that the city failed to provide appropriate training to its officers in the case of high speed pursuits and it was this negligence that caused the accident that killed their loved one, claims the Injury Lawyer of New York. The officer involved in the crash has been back at work since January and says that he has no recollection of the accident at all.   Negligence can lead to accidents and injuries. People’s lives can change as a result of lack of training and simple mistakes.

If you feel you have been injured as a result of negligence, call a New York Injury Attorney today. If you are unsure whether or not you have a case, a good New York Injury Attorney can consult with you and tell you what your rights are. Stephen Bilkis & Associates with its NY Injury Lawyers, has convenient locations throughout the New York Metropolitan area including Flushing, NY. Our Personal Injury Attorneys can provide you with advice to guide you through situations where an injury resulted because of another’s negligence. Without a New York Injury Attorney you may lose your rights which may cost you a significant amount of money.

Please be aware that In addition to Injury Law Stephen Bilkis and Associates will recommend Criminal Lawyers who can and will help you.