The respondent in the case is James Davis. The respondent is represented by Jacobs, Jacobs & Giulini, Brooklyn, and Michael R. Scolnick. The appellant in the case is Bamboo 234 Restaurant, Inc. The appellant is represented by Henry Wolfman, from New York City and by Herbert Minster from Brooklyn.
The case is being held in the Second Division of the Supreme Court, Appellate Division. The judges in the case are Rabin, P.J., Hopkins, Munder, Martuscello, and Shapiro, JJ.
Court Memorandum
A woman in Puerto Rico sued a Delaware corporation that manufactures blood analyzing machines. The complaint alleged that the Delaware Corporation had a manufacturing plant in Puerto Rico. The complaint alleged that the manufacturing plant continually discharged toxins from 1971 until 1981 into a creek that flowed into another creek that caused pollution and contamination of the soil, water and air in the neighborhood where the Puerto Rican woman lived and caused her sickness.
A New York Injury Lawyer said in its Answer, the Delaware Corporation admitted that it had intentionally discharged industrial wastes which flowed into the creek in 1979 but that after that, it began transporting its industrial wastes for disposal at a waste treatment facility. It also forwarded the defense that its intentional discharge of its industrial waste was not prohibited by its existing permits at that time.
In that personal injury case filed in the US territory of Puerto Rico, the Delaware Corporation asked the Superior Court to include as third party defendants around fifteen insurance corporations which had issued general and comprehensive insurance to the Delaware Corporation. The Delaware Corporation demanded that these fifteen insurance corporations indemnify it under the terms of its insurance policies and also provide the Delaware Corporation with defenses to protect itself against the personal injury suit filed by the Puerto Rican woman.
The County of Columbia in New York established a solid waste disposal plant in the town of Claverack in 1981. To protect itself, the County procured comprehensive and general liability insurance policy. The insurers claimed in its advertising that it would pay all sums which the insured shall be legally obligated to pay as damages because of bodily injury or property damage. Every insurance policy excluded from coverage those bodily injuries and property damage sustained from pollution or arising from the discharge, dispersal, release or escape of waste materials, contaminants and pollutants on land, atmosphere and water unless the discharge was sudden and accidental.
In 1986, the solid waste disposal system was charged with violations of the Environmental Conservation Law for it was found that liquid waste was leaching onto the soil and seeping into the groundwater which was the source of drinking water for the town of Claverack. A fine was assessed against the Town of Claverack but the payment of the fine was suspended on condition that the Town close down the solid waste disposal facility. It was closed in December 1988.
A New York Injury Lawyer said however, the County however, continued using the facility despite the order of the Town to close the solid waste disposal plant. The Town of Claverack sued the County. A hunting club that owned the land next to the solid waste disposal plant also sued the County in January 1989 for impairment of the soil, air, ground and surface water. The hunting club also alleged that the County’s continued use of the facilities was a continuing nuisance, a continuing trespass and that its activities in using the plant has caused the eviction of the hunting club from its premises.
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.
After spending 80 days in jail, and facing possible life in prison, a West Bloomfield man who was accused of raping his autistic daughter has been granted a $1.8 Million dollar wrongful-arrest settlement. This was for a form of premises liability.
The man’s wife also faced decades in jail, as the accusation stated that she had stood by and watched the assaults take place. Their 14-year-old daughter, who is severely autistic and cannot speak, was the suspected victim. She and her 13-year-old brother were placed in foster care.
The case began to unravel when judges began to more closely examine the evidence. The only evidence in the case was a statement that the 14-year-old girl supposedly typed with the help of a teacher’s aide at her school, reported a policeman. She stated that her father had raped her since the age of 7 and that her mother had stood by and watched.
Four Correction Officers who work at Rikers Island are said to be suing New York City. The four correction officers claim that they have contracted cancer from working in the corrections facility and around dangerous chemicals.
The four officers believe that toxic chemicals, supposedly buried at the site of the Rikers Island Correctional Facility, are the cause for their recent cancer diagnoses. The Rikers Island Correctional Facility is supposedly built mainly on an old landfill.
The four officers claim that the city knew that they were being exposed to the toxic cancer causing chemicals and never disclosed that information, states a report. A lawyer for the city says that there is no support for the allegations.
The Roman Catholic Diocese of Wilmington released their new bankruptcy plan on Monday, allowing for an average settlement of $750,000 to $3 million for survivors of priest sexual abuse.
Under this new plan, $74 million dollars will become available to divide among approximately 150 priest-abuse victims who have claims pending. These claims are against the diocese itself or one of the parishes. This is to be compared with a bankruptcy plan filed in September that offered $28 million, stated a source. Because these acts took place on church property, premises liability is in the mix also.
Under the September plan, the average settlement would have been between $285,000 and $489,000. The diocese was able to increase the money available by dissolving a foundation established to benefit itself over 80 years ago.
A “brilliant” and “vibrant” senior was found dead early Wednesday after her hair apparently got caught in a lathe during a laboratory accident. The Yale Community is in mourning.
The astronomy and physics major was just weeks away from graduation and was looking forward to beginning a career in oceanography after she graduated. She had spent last summer working as a student fellow in the competitive Woods Hole Oceanographic Institution in Woods Hole, Massachusetts.
The young scientist was working on a class project when the accident occurred. She was in the Sterling Chemistry Laboratory. Other students working in the building found her body and called police between 2 and 3 a.m.
A New York Injury Lawyer is paying attention to what doctors are saying about what second hand smoke can do to children. A study was done on some preschool students on the effects of smoking that occurred in their home by their parents or family member. The reporter was amazed that it affected these kids in such a profound way that it would raise their blood pressures. This could be considered premises liability.
The observer noted that many of these children who experienced second hand smoke in their home would go on as adults to continue to go through high blood pressure symptoms. On the other hand, if parents were mindful of what effect their smoking had on their children, they would do the right thing and not smoke around their children. The result of this change would help the children to live in a smoke free home and not having to deal with high blood pressure at such a young age.
The New York Injury Lawyer agrees that adults need to take responsibility for their actions and what those actions can do to their children who are at an age where they are so vulnerable. Children in Nassau and Suffolk Counties are at a disadvantage when it comes to parent’s smoking in the home and until this problem is resolved, children are at risk of developing issues with blood pressure and other illnesses such as heart disease and strokes. In addition, these same children may grow up as adults who also smoke in the presence of their own children.
The American Cancer Society has stated that secondhand smoke is hazardous to health, recollects a New York Injury Lawyer. Now a public smoking ban has been put into action in New York City.
Arguments have been made by authorities that smoking bans will reduce modeling of this habit as normal behavior and possibly reduce the chance that the action will be mimicked. It is also possible, that restricting smoking in crowded areas would reduce the risks associated with the hazards of secondhand smoke as well as reducing litter and fires. However, there are not many differenced in the chemistry of the smoke from campfires or burning leaves than that of cigarettes. Bans have not been placed on these other activities because the amount of smoke produced is minimal. Therefore, the banning of smoking outdoors would yield minimal results as to the hazards of secondhand smoke.
Smokers have lost their right to smoke in most public buildings. However, smoke tends to dissipate quickly outdoors. Non-smokers do have the option of avoiding the smoke and if they are concerned for the modeling of this behavior in the public, they have the right to ask the person if they would mind moving to a different place to smoke.
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