Wrongful Death

Published on: July 10, 2023

Court considered whether the doctrine of highway defect immunity applied to a wrongful death lawsuit against a municipality. Estate of Fuentes v. Town of Islip, 148 A.D.3d 845 (2d Dep’t 2017)

by Stephen Bilkis

The Estate of Fuentes v. Town of Islip addresses the issue of the responsibility of municipal corporations to maintain their roadways in a reasonably safe condition for the public.

Factual Background

The incident in question occurred on February 8, 2007, on Brentwood Road in the Town of Islip. The decedent, Luis Fuentes, was driving his vehicle when he struck a pothole and lost control of the vehicle, causing a fatal accident. The estate of Fuentes subsequently filed a lawsuit against the Town of Islip, alleging negligence in failing to maintain the roadway in a reasonably safe condition.

Published on: July 5, 2023

Court considered whether the City of New York had a duty to provide additional safety measures beyond those already in place in order to prevent pedestrian accidents. Brown v. City of New York, 945 N.Y.S.2d 390 (2d Dep’t 2012)

by Stephen Bilkis

Brown v. City of New York is a notable case in the field of municipal liability in New York. The case involved a tragic accident in which a young boy was struck and killed by a car while crossing the street in front of his school. The boy’s family filed a lawsuit against the City of New York, alleging that the city was negligent in failing to provide adequate safety measures to protect children crossing the street.

Factual Background

On the morning of February 28, 2007, Amar Diarrassouba, a six-year-old boy, was crossing the street in front of his school in Harlem when he was struck by a car and killed. The boy’s family filed a lawsuit against the City of New York, alleging that the city was negligent in failing to provide adequate safety measures for children crossing the street.

Published on: May 5, 2012

Can Medical Malpractice Action Be Filed for Stillborn Child?

by Stephen Bilkis

Defendant-doctor and his professional corporation (defendant-one) rendered obstetric care to plaintiff-mother during her pregnancy with and birth of her baby. During the course of her pregnancy, she had four ultrasound examinations for which defendant-two rendered ultrasound reports. A New York Injury Lawyer said that based upon the reports and also the defendant-doctor’s examinations of the mother, it was determined that plaintiff-mother was carrying a large fetus for its gestational age. Defendant-doctor noted that plaintiff-mother should be watched for cephalopelvic disproportion.

On 17 January 1990, plaintiff-mother was admitted to defendant-doctor’s hospital for induction of labor by use of the medication Pitocin. Upon her admission, she was examined by an employee of defendant-doctor’s hospital, who determined that the mother’s pelvis was adequate to deliver the baby, and who administered the Pitocin, as ordered by defendant-doctor.

On 17 January 1990 at 5:00 pm, the mother began to deliver her baby. After emergence of his head, the head retracted back into the uterus, indicating that his shoulders were stuck. At this point, there was a strong fetal heartbeat, and pulsating in the umbilical cord. From 5:05 to 5:24 pm, eight physicians attempted to deliver the baby. Upon his full expulsion, the baby was no longer viable. At no time did he breathe on his own, outside his mother. Upon autopsy, the baby weighed 12 pounds, 12 ounces.

Published on: March 4, 2012

New York Appellate Court Rules on Wrongful Death Case Involving Asbestos Exposure

by Stephen Bilkis

The accused moves to dismiss the complainant’s amended objection by reason of the complainant having been added as an accused following the expiration of the law of limitations. For the reasons set forth, the accused person’s motion is granted in part and denied in part.

The complainant was diagnosed with asbestosis in February of 1994. He filed a lawsuit to recover for damages arising from his condition in August of 1994. The accused Kitchen and Bath Company was not named in that complaint. More than fourteen years later, the complainant was diagnosed with lung cancer. He passed away shortly thereafter. On July 12, 2011, the complainant’s family filed an amended complaint alleging new causes of action both as against the accused named in the original complaint, against the Kitchen and Bath Company, and others as new accused.

A New York Injury Lawyer said that in the motion, the Kitchen and Bath Company argue that the complainants were lawfully time barred from amending the original complaint to add it as an accused because the applicable law of limitations had long since run. The Kitchen and Bath Company submits that since the complainants are time-barred from suing for personal injuries, the deceased man’s estate is also time-barred from suing wrongful death. The complainant concedes that their claims are time-barred. However, they argue that the injury claims are governed by a different limitations period and are therefore duly pled. In general, the two claims are materially different.

Published on: February 13, 2012

Fatal Pedestrian Accident Caused by Drunk Driver

by Stephen Bilkis

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.

Published on: February 4, 2012

Deepwater Horizon Widow Settles Lawsuit

by Stephen Bilkis

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.

Published on: January 17, 2012

One Year Later: Oil Companies Remain Shielded by Offshore Liability Limits

by Stephen Bilkis

The worst oil spill in U.S. history was set off last year by the Deepwater Horizon disaster which claimed 11 men at sea. The tragedy exposed several weaknesses, including severely outdated limited liability laws that have protected the very players who should be claiming responsibility, according to a Brooklyn Personal Injury Lawyer.

Because the wrongful death of the 11 men occurred offshore, the corporations and its contractors were shielded by maritime laws of limited liability. According to these laws, the companies can only be sued for future wages, minus taxes and expected living expenses – not for pain and suffering and other damages commonly sued for in the case of fatal onshore activities.

Congress has been called upon to raise or completely lift the limit; it wasn’t long before Congressmen and women were being chastised for their inactivity in the affair. One champion of the victims’ families stated, “It hasn’t been changed in 20 years. It really shows you how inadequate it is. You’re in a situation where either taxpayers end up footing the bill, or injured parties do, which seems fundamentally unfair.”

Published on: January 13, 2012

Appeals Court Reinstates a Wrongful Death Suit

by Stephen Bilkis

A New York Injury Lawyer reports that a state appeals court recently reinstated a woman’s lawsuit. The wrongful death suit was in connection to a man she had considered to be her husband for four years, but who was not divorced from his previous wife before their wedding day. The plaintiff was completely unaware of this when she began seeking for compensation for her husband’s injuries and death.

The Sixth District Court of Appeal ended up ruling that someone who “believed in good faith” that he or she was legally married is, indeed, entitled to marital rights – including filing a wrongful deathsuit. This ruling opposes more than 20 years of rulings in the cases of “putative spouses.”

A putative spouse is one who mistakenly believes he or she is married, explained a New York Injury Lawyer. California courts have recognized the rights of such spouses for more than a century. State legislation affirmed those same rights in 1969.

Published on: January 12, 2012

Driver Sentenced to Prison for Fleeing the Scene of Accidental Run Over

by Stephen Bilkis

A high school youth was struck and killed on a rainy night by a 20-year-old woman about a year ago. That woman plead guilty to a car accident involving wrongful death and was sentenced to one to five years in prison, the minimum mandatory sentence for a felony charge.

The defendant is eligible for the work release program offered at the Montgomery County Prison where she is to serve. She also agreed to pay $500 to the scholarship fund set up in the victim’s name. The judge did point out that such a pledge was not legally binding.

The 17-year-old victim walked in front of the woman’s car and died because of injuries sustained at impact, according to a witness. The defendant was not impaired by either drugs or alcohol, but she ‘panicked’ after hitting the girl and kept driving. Her car was stopped less than three miles away where she admitted her involvement.

Published on: January 11, 2012

Beloved Mother Struck and Killed by Patrol Car

by Stephen Bilkis

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

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

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