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Tag Archives: personal injury lawsuit

Can a spinning class cause a car accident-like or crush-like injury?

New York – A team of medical researchers from Westchester, NY have discovered a possible link between spinning class exercise and a type of muscle injury that can lead to kidney damage. The nephrologist doctors noted multiple cases of people being injured with a condition called rhabdomyolysis after taking a spin class, especially people who are new to this type of intense exercise. The condition is normally found in severe trauma victims, for example, those involved in a car crash, victims of a slip and fall accident from a height or crush injury patients. The rhabdomyolysis condition is caused by massive muscle injury that leads to dangerous levels of myoglobin protein being deposited into the victim’s blood stream. This can then lead to kidney injury and even kidney failure and death according to doctors. Public safety specialists are now asking about the qualifications of those who recommend and teach spinning classes, wondering if they are educated about the dangers involved. They explain that this is just one type of spinning class injury. Activists have noted that the spin instructors must take responsibility by becoming educated, obtaining medical clearance when necessary and ensuring student safety for all of their classes. If you think that you might have been injured by someone, you have the right to discuss your case with an accident attorney who specializes in personal injury lawsuits. Please see this article for more about the research into rhabdomyolysis and spin exercising.

Photo for illustrative purposes only. Photo Credit: Dawn [License]

$ 1,270,000 Jury Verdict For Nurse Whose Vehicle Was Broadsided

New York – Ms. E. H., a nurse, suffered injuries to her left shoulder and knee as well as her neck and back in a motor vehicle crash. The car accident occurred when another car broadsided the victim’s car on Strickland Avenue in Brooklyn, NY. Ms. H. consulted with expert car accident attorney Stuart Wagner and filed a personal injury lawsuit against the driver of the other vehicle. After going to trial, the jury awarded the plaintiff a verdict of $1,270,000 to compensate her for pain and suffering as well as loss of earnings.

Photo for illustrative purposes only. Photo Credit: History in Photos [License]

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JURY RETURNS verdict $1,270,000 for Plaintiff (as reported in the New York Jury Verdict Reporter)

Jury Verdict: $1,270,000

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Court: Kings Civil, Kings County, New York

Injury Type(s): rotator cuff, injury (tear); shoulder; epidural injections; physical therapy; medial meniscus, tear; lateral meniscus, tear; herniated disc, cervical; herniated disc, lumbar; lower back; back and neck; neck; back; numbness; percutaneous discectomy; radicular pain / radiculitis; decreased range of motion

Case Type: Left Turn — Motor Vehicle Accident — Broadside — Motor Vehicle Crash — Verbal Threshold

Date: 10/20/2017

Plaintiff Attorney(s):
Stuart Wagner; Morrison & Wagner, LLP; New York, NY

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Facts & Allegations:
Around 7:15 a.m. on Aug 15, 2013, plaintiff E. H., 40, a licensed practical nurse, was operating her vehicle on Strickland Avenue in Brooklyn, when her vehicle was broadsided by a vehicle that was operated by J. L., the defendant, who made a left turn from East 59th Place. As a result of the impact, The plaintiff’s vehicle continued on and struck two parked vehicles on the side of the road.

The plaintiff claimed injuries to her left non-dominant shoulder, left knee, neck and back. The plaintiff sued the defendant. The plaintiff contended that the defendant was negligent in the operation of her vehicle. This was a summary jury trial.

Just prior to jury selection, defense conceded liability. The parameters of the case were $25,000 to the $300,000 insurance policy limits.

Injuries/Damages
The plaintiff drove herself from the scene of the accident to Kings County Hospital. She complained of pain to her chest, neck and back. X-rays were taken of her chest, neck and back, which were negative. She was given painkillers and ibuprofen and was told to follow up with her primary care physician before she was discharged home. The plaintiff claimed she sustained a rotator cuff tear to her left shoulder, a partial thickness surface tear of the infraspinatus muscle, tears of the medial and lateral menisci of her left knee and several herniations at the cervical and lumbar levels.

For treatment, the plaintiff began physical therapy on Aug. 19, 2013 through January 15, 2014, with 46 visits over five months. She later consulted with an orthopedic surgeon. She then went to a pain management physician and had painkillers prescribed, as well as injections to her knee on Sept. 6, 2016. She again had epidural injections to her left knee on Nov. 5, 2016. On Dec. 14, 2016, the plaintiff had bilateral L4-5 epidural injections to her lower back. She still complained of lower back pain and numbness and tingling radiating into both her legs. She then had a percutaneous discectomy at L4-5 with steroid injections, as well as nerve blocks at C5-6 and C6-7. She did not have any shoulder surgery. The plaintiff claims she still has weakness in her shoulder and her knees, a limited range of motion for her shoulder and knees, and that she has difficulty bending, lifting, climbing stairs and tending to her patients. The plaintiff had two part-time jobs. She was an LPN at a private group, a senior living center, where she would supervise other nurses who made house calls. Her other job was at a home health care service. She was not able to work at the senior center from the date of the accident until Dec. 1, 2013. For her other job, she was out on disability from the date of the accident until Nov. 8, 2013. The plaintiff claimed she was unable to do the physical labor involved as a home health nurse, and that accordingly, her position was replaced by someone else. The plaintiff sought recovery for her past and future loss of earnings and her past and future pain and suffering.

Defense contended that the plaintiff alleged injuries were not related to the subject accident. Defense contended that just prior to the subject accident, on July 31, 2016, she presented to Kingsbrook General Hospital when she missed a step and fell, injuring her left knee. Defense contended that her complaints were attributable to that previous fall and not the subject accident. Defense contended that the plaintiff’s injuries were pre-existing, and age and job related, due to the physical nature of working with patients as a home health nurse. Defense contended that if she sustained any injury from the subject accident, that they had resolved and the plaintiff could go back to her regular activities, including working. Defense’s orthopedic surgeon’s records indicated that there was no evidence of orthopedic disability after he examined her shoulder and both her knees.

Result
The jury found that the plaintiff sustained a significant limitation of use of a body function or system, that she sustained a permanent loss of use of a body organ, member, function or system and that she sustained a permanent consequential limitation of a body organ or member for 90 out of 180 days. The jury awarded the plaintiff $1.27 million. In accordance with the parties’ parameters on the policy limits, the plaintiff will receive the $300,000 from the insurance company.

$270,000 past lost earnings
$100,000 past pain and suffering
$100,000 future pain & suffering (over 10 years)
$800,000 future lost earnings (over 20 years)
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$1,270,000 plaintiff’s total award

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Judge: Judge Michael Gerstein

Drunk driver blamed for fatal car crash in Queens

New York – Police investigators from the NYPD have determined that an intoxicated driver caused the four car accident on the Grand Central Parkway this past Sunday. The tragic crash began when the driver of an SUV, apparently drunk, hit a second SUV truck causing a series of collisions. Several of the vehicles rolled over during the accident and 2 victims were killed, including a 34-year-old man and a teenager. Several other accident victims suffered various injuries, including at least one head injury and broken bones. Police say that reckless driving contributed to the initial crash and the driver of that first vehicle was charged with multiple driving and safety violations.

Besides for the criminal charges that the man faces, a Manhattan accident lawyer specialist explains that the intoxicated driver can face several civil lawsuits for causing the collision. These include wrongful death lawsuits by the family of the victims who were killed as well as personal injury lawsuits by the injured drunk driving accident victims. If you or someone you know has been involved in an accident, you have the right to speak to an injury attorney to discuss your case. See this article for further details about this deadly truck accident in Queens.

Photo for illustrative purposes only. Photo Credit: Bugeater [License]

Takata airbag manufacturer pleads guilty to fraud

The world’s largest vehicle airbag recall was sparked after, analysts say, the Takata manufacturer fraudulently claimed that their airbags were safe. However, the company now admits that they knew for many years that there was a defective part that could cause the device to explode. This, in turn, could lead to a more serious and deadly injury from a car accident. The company has produced tens of millions of dangerous airbags that have been installed by motor vehicle manufacturers around the world. Everything from cars to SUVs to trucks have dangerous airbag components made by this company and have been recalled. The guilty plea by Takata comes along with an agreement to pay a hefty $1 Billion in fines and penalties. However, this money is not earmarked to go to the injury victims and families of victims killed in a car crash that may have been affected by the hazardous situation. A top injury law firm in New York explains that this doesn’t shield the manufacturer or others from a personal injury lawsuit. In fact, it has been noted that some of the car companies allegedly knew about the dangerous condition posed by the defective airbag problem but continued to install them anyway. This opens those car makers to injury and wrongful death lawsuit as well, according to experts. Product liability laws describe the actions that should be taken by all involved to ensure that consumers aren’t injured by a product that is known to be potentially dangerous. You can find out more about this product recall and repercussions here.

Photo for illustrative purposes only. Credit: Robin Corps [License]

Long Island hit-and-run boat accident

New York – A woman was seriously injured in a boat crash last week in a Long Island waterway channel. The woman was sailing with her family and friends when a man “speeding” in another boat rear-ended hers. Witnesses explained that the collision occurred in a slow zone with signs posted declaring a speed limit of 5 MPH. They reported that the man who caused the accident was speeding much faster than the posted limit. The man fled the scene of the accident with injuries, which is a felony under New York State boating laws. The injured woman was rushed to a hospital for treatment of multiple injuries. Her injuries included burns, a spinal injury, a head injury and multiple burns and contusions. While the woman was the most severely injured, reports show that other passengers on the boat, including children, suffered wounds as well during the collision. Nassau County Police have now reported that they made an arrest in this hit-and-run accident case. The man, who lives in Island Park in Long Island, faces criminal charges and may also face a personal injury lawsuit from the injured victims. Investigators will need to also look into the cause of the accident, including possible drunk driving, distracted driving and reckless driving of the boat. To find out more about this boat accident, check out this article.

Illustrative Photo Credit: KOMUnews [License]

Repeat dog attack in Brooklyn leaves questions about citizen safety

New York – Another pit bull attack occurred in a residential neighborhood of Brooklyn. This time the assault was on another dog but only a few years ago the attack was on a restaurant owner at the same residence. In the 2010 episode, the worker suffered severe injuries during the attack, when three pit bull dogs belonging to the same home owner lunged at the victim. The man was mauled by the dogs and taken to the emergency room for bite and crush injuries. Citizens in the city have expressed concern regarding the safety of people who live and work in the area. Some have asked why the dogs haven’t been taken away from their owner, saying that it’s negligent to allow them to continue to roam free after they have been known to injure people. They exclaim that pedestrians, bicyclists, workers, children, dog walkers and many others are at risk for being attacked by a dog. This constitutes a dangerous condition that puts everyone at risk or injury or death. The police have apparently determined that they can’t do anything since the assaults have taken place on private property. However, community activists warn that city officials, including police, bear some of the responsibility along with the dog owner who allows the dogs to roam around without a leash or muzzle. They note that the next dog attack victim may suffer even more injuries or even wrongful death. In the meantime, the public is being urged to file a civil lawsuit, such as a personal injury lawsuit, if they were injured by a dog. A victim who was bitten by a dog can speak to an experienced attorney to learn more about his or her rights. Find out more about this dangerous situation here.

Illustrative Photo Credit: BoostinChick [License]

Hit-and-run car crash in Far Rockaway leaves pedestrian with critical injuries

New York – Police in Queens, NY explain that a young woman car accident victim is left fighting for her life in the hospital after being hit by a car. The pedestrian was walking along when a speeding driver struck her and sent her flying approximately 10 feet in the air. Witnesses say that the victim was left unconscious and with multiple severe injuries from the accident. She was treated on the scene by paramedics and taken by ambulance to the hospital emergency room where she was admitted. The car then continued speeding away from the accident scene and was followed by two good Samaritans. The bystanders called police, who arrived to arrest the suspect and impound his vehicle. They have charged the driver with multiple counts, including leaving the scene of an accident with injuries.

Officials in New York City have become quite concerned about hit-and-run accident incidents and have promised to crack down on the problem. They are now considering increasing the fines and penalties for a driver who flees the scene of a collision. They hope that this will prevent further incidences. A top injury law firm in Manhattan has been fighting for a crackdown against hit-and-run drivers. They explain that these drivers must face stiff penalties, including imprisonment, loss of a driver’s license, fines and streamlined personal injury lawsuits filed against them. You can read about the city council’s current proposal to double the fines against these negligent drivers due to this recent pedestrian accident here.

Illustrative photo by Werner Vermaak (originally posted to Flickr as Immobilized Patient) [CC-BY-2.0], via Wikimedia Commons

Multiple injuries after drag racing car crash on Long Island

New York – Police in Hempstead, NY responded to a car accident that was apparently caused by two vehicles that were drag racing on public streets. Nassau County police note that car racing on public streets is illegal due to the dangers that it creates for other motorists, pedestrians and bicyclists. The high speed nature of these types of motor vehicle accidents makes them even more serious, even deadly. According to experts, a speeding driver is bad enough, but add to it the adrenaline rush and competitive edge of the racing drivers, it makes for a dangerous cocktail that can injure and kill. Emergency medical responders arrived with several ambulances to treat the injured driver and passengers of the car accident. They report that one of the cars struck a utility pole and left several people in the vehicle with extensive injuries. The female driver suffered the most serious of the car crash injuries. Police have indicated that the other car fled the scene of the collision and that driver is being sought out by investigators. Public safety advocates say that reckless driving, including car racers, are an all-too-common problem on the highways and local streets. They have demanded more action by police and governmental officials to secure the roads against negligent drivers. The injured driver in this case has been charged with several violations, including reckless endangerment, reckless driving and others. The woman can also face a personal injury lawsuit from the other injured victims due to her negligence. See details about the car race collision here.

Illustrative photo by W. Robert Howell from Charlotte, NC, United States (still here.) [CC-BY-SA-2.0], via Wikimedia Commons

$250,000 Payment to Passenger Injured in Truck Accident

Ruth Pianka, a 57-year-old bookkeeper, was a passenger in a truck when it was rear ended in a motor vehicle crash in the Washington Heights section of New York City. She sustained multiple injuries during the truck accident and was treated in the emergency room and then by several specialist doctors. The doctors diagnosed injuries of her shoulder, hip and knee. The crash victim also had neck and back injuries with significant pain. She underwent a shoulder surgery and endured therapy as well. The pain and injuries persisted and she developed emotional injuries in addition to the physical injuries.

Soon after the accident, Ms. Pianka spoke to friends in the neighborhood who recommended she contact the experienced car accident lawyers at Morrison & Wagner, LLP. They assisted the truck accident victim and filed a personal injury lawsuit in Kings County Supreme Court. The case named both the owner of the truck and the driver of the car that hit them as defendants. After negotiation, the defendants agreed to settle the case, paying Ms. Pianka $250,000 for her injuries, pain and suffering from the rear-end accident.

Photo by Werner Vermaak (originally posted to Flickr as Immobilized Patient) [CC-BY-2.0], via Wikimedia Commons

Police officer arrested for hit-and-run accident in Long Island

New York – The driver of a pickup truck that hit a motorcyclist in Suffolk County, NY was arrested for fleeing the scene of an accident with injuries. Reports show that the arrested driver was, in fact, a police officer who was off-duty at the time of the motorcycle accident. He apparently fled the scene and left the injured motorcycle driver in critical condition. The cop turned himself in to police the next day and charges are being assessed by prosecutors. The police investigation includes looking into whether or not the officer was drunk driving or possibly driving under the influence of drugs, leading to the vehicle crash.

Doctors explain that the nature of the collision was quite severe, with a large pickup truck striking the much smaller motorcycle. The truck accident investigation will also likely focus on the evidence found on the truck. The driver of the hit-and-run vehicle faces criminal charges as well as a civil personal injury lawsuit. The fact that he left the accident scene with a person who had suffered bodily injuries opens him up to several charges. In the meantime, he has been suspended from his job as a police officer. Check out more about this police officer involved in the accident here.

Illustrative Photo Credit: Chris Yarzab [License]