Author Archives: Morrison Wagner

July 08, 2016 News
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Child fell from a window of New York City housing project

New York – A 3-year-old boy fell out of a window in a tenement housing project in Harlem last week. Reports show that the child was able to push right through the loose window guard before falling to his death. The broken window guard was found on the ground next to the injured child. Officials examining the scene are trying to determine if the window guard was broken or possibly not installed correctly. Complaints from neighborhood activists say that negligent maintenance and installation of safety equipment is a known problem in many apartment buildings. Some have contended that management of these apartments routinely ignore requests for repair of broken equipment and safety hazards. However, others have explained that someone moved an air conditioner unit from that window and didn’t replace the window guard correctly. Investigators will need to determine if proper safety instructions in the use of the window guards were adequately explained to the family and residents of the apartment complex. They will also conduct tests to determine if faulty equipment failure played a roll in this fatal accident. The child fall victim plummeted 13 stories to the ground and possibly struck an object on the way down. He suffered fatal injuries, including a serious head injury, according to witnesses. Read more about this child who suffered fatal fall injuries here.

Illustrative Photo Credit: Paul Sableman [License]

June 26, 2016 News
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Multiple car crash pile-up in Staten Island being investigated

New York – As many as twelve vehicles were involved in a horrific car accident in a busy Staten Island intersection. Police believe that the multi-car pile-up began when an elderly woman crashed her car into a pick-up truck on Victory Boulevard at a traffic light. Witnesses note that the senior citizen was speeding through the intersection when she lost control. This set off a chain reaction where her car then slammed into additional vehicles at the red light, causing more cars to crash into one another as well. The woman suffered a severe head injury and subsequently died in the hospital. One of the vehicles that the elderly woman’s car hit was an SUV being driven by a 75-year-old man. That SUV driver died of the injuries from an accident, according to emergency responders. Officials note that at least 12 other accident victims were injured in the incident and received emergency treatment. Several of those injury victims have been listed as suffering with serious or even critical wounds.

One of the things that has road safety experts concerned is that the intersection was a known hazard zone, so the speed limit was lowered to only 25 miles-per-hour and designated as a “slow zone.” However, some believe that at least some must have been speeding cars or reckless driving, as evidenced by the severity of the collisions and damage to the cars. The initial cause of the fatal accident needs additional investigation but experts explain that there may have been several negligent drivers that contributed to the collision. See this article and video for additional information.

Illustrative Photo Credit: Rian Castillo [License]

June 15, 2016 News
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Elevator accident leaves injured worker with arm amputation

New York – An elevator repairman was working on a recently installed elevator when a terrible accident occurred, injuring the worker. According to witnesses, the technician was in the middle of repairing the broken down elevator when something came loose. The man began screaming for help and a bystander called 911. Police, fire rescue and emergency medical services units raced to the scene and rescued the injury victim, treating him for an amputated arm and a leg injury. The wounded man was taken in to surgery in an attempt to reattach the severed limb. Trauma specialists explain that many times an amputation can be reattached but the victim can still be left with severe pain and suffering as well as a permanent disability.

An investigation into this case is underway, with building code and work safety officials looking into the cause of the accident. They will need to look at the training and safety equipment provided as well as the protocols being followed to determine if any negligence took place. In addition, they will need to see if any equipment failure or negligent maintenance of both the elevator and tools could have led to this horrific work injury. See this article for more details.

Illustrative Photo Credit: Aaron [License]

May 31, 2016 News
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Preventing a work injury and knowing your rights if you are injured at work

New York – Work accidents are common but often avoidable, according to a New York City worker’s compensation injury lawyer. However, many employees and employers alike are unaware of how to go about preventing accidents, injuries and death in the workplace. There are several areas of responsibility that are shared between employer and worker to ensure safety while on the job. These include work-sponsored trainings that involve both formal and informal instruction on how to use equipment and avoid injury in all necessary settings. Also included is the responsibility of the boss and managers to provide safety equipment, such as helmets, secure scaffolding, rigging, harnesses, gloves, eye goggles, ear protection and the like. They are required to make sure that the equipment is not only available but also not broken and with proper instructions. Unfortunately there is sometimes employer negligence when it comes to these necessary safety points, which can lead to an unsafe work environment and even a hazardous situation. Negligent maintenance of equipment is an easily overlooked danger when employers and managers place heavy pressure of deadlines and productivity on their workers. However, a major concern also exists for jobs that involve repetitive motions, slip and fall hazards, overexertion and falling from a height. There are things that employees can do to protect themselves and prevent accidents but some employers try to shift the burden of safety entirely to the worker. This is a concern and should be discussed with a work injury lawyer.

Beyond work accident prevention, work staff should become familiar with their responsibilities and rights if they’re injured on the job. This can include immediate notification of the supervisor or boss of the injury, calling an ambulance, going for emergency or immediate medical treatment, if needed and filing all necessary paperwork about the accident and injury. Employers are usually required to maintain a worker’s comp insurance policy to pay for medical treatment of the injury. The worker also has the right to speak to an accident lawyer that specializes in workman’s compensation injuries for assistance. An experienced law firm can assist with obtaining insurance benefits, hospital, doctor and treatment coverage as well as filing a worker’s comp lawsuit, if necessary. This informative article can explain more.

Illustrative Photo Credit: Bill Jacobus [License]

May 25, 2016 News
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Severe injuries from Long Island Expressway motor vehicle accident

New York – Police and rescue crews worked all night on Monday to investigate and remove a car accident in Nassau County. The initial reports from the crash scene indicated that a man was standing on the highway when a car hit the pedestrian. However, it now appears that the first car was involved in a single car crash when it hit the road guardrail and then the median divider. Two people got out of the car and were then hit by a car that was being driven by an off-duty police officer. That pedestrian accident ended in the death of both crash victims. In addition, the SUV driven by the off-duty police officer rear-ended the first car and caused serious injuries to two other passengers.

Police needed to investigate several aspects of the car crash, including the initial collision, the subsequent pedestrian accident and the rear-end collision by the SUV. They will continue to look into the accidents to determine if any negligence or dangerous driving was involved. The routine probes include looking into the possibility of drunk driving, driving under the influence of drugs, speeding driver and reckless driving. However, mechanical failure will also be looked at, such as brake failure. See updated information about this SUV accident and pedestrian killed in this article.

Illustrative Photo Credit: Dan4th Nicholas [License]

April 20, 2016 News
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Long Island ambulance accident kills two victims

New York – Earlier today a private ambulance was involved in a fatal motor vehicle crash on the Southern State Parkway in Nassau County. The ambulance hit a highway overpass support wall while it was transporting a patient in the rear. According to the ambulance company, the EMT and driver of the ambulance were not travelling with lights or sirens, as this was a non-emergency transport. Images from the scene of the collision show that the entire front end of the truck was crushed inward. Additional ambulances from Nassau County were called in to treat the injured victims. Officials reported that the ambulance driver was killed after being crushed inside. In addition, the patient who was being transported in the back also died from the severe accident injuries. The cause of the accident is still being looked into by police. Investigators noted that it appears the driver lost control of the ambulance and slammed directly into the wall. His EMT partner in the back was also injured in the crash, including a suffering a head injury with concussion and leg fracture. That injury victim’s condition is still guarded and he will require hospitalization.

This ambulance collision is reminiscent of previous ones, including this ambulance versus bus crash in Brooklyn, New York and this ambulance and car accident in Queens. Emergency management specialists explain that the dangers involved with operating an ambulance or other emergency vehicle is quite serious. They note that the vehicles are heavier than many other vehicles on the road, require intensive training and constant awareness. Public safety activists worry that some drivers of these trucks are distracted by other things, such as their radios, cell phones or conversations while driving. Proper training to avoid these distracted driver risks is essential. You can see updates about the recent ambulance crash here.

Illustrative Photo by U.S. Navy [Public domain], via Wikimedia Commons

April 15, 2016 News
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Are Suffolk County’s red-light cameras causing more accidents with injuries?

New York – Public safety activists are in an uproar about an ongoing investigation that shows an increased accident with injuries risk at intersections equipped with red-light cameras. Lawmakers and citizens alike have expressed concerns regarding the dangerous condition created by these traffic light cameras. They note that some of the traffic signals have faster-than-normal yellow lights and confusing signals, creating a risk for injury due to car accidents that inevitably follow. In the meantime, Suffolk County officials claim that the camera program is fine and plan to continue with it, despite the public safety concerns involved. Opponents question why the program isn’t suspended until they, at least, investigate the increased car crash concerns. They explain that this would allow the time to safely look into the issues and prevent injury or wrongful death accidents. One theory as to why there is an increased accident risk at these intersections revolves around concerned motorists who become afraid of getting a ticket, instead of remaining focused on driving safely. Experts say that drivers may needlessly brake too soon or too quickly, leading to a rear-end collision. Others may become a distracted driver when looking at the camera instead of the road.

Some community activists in New York have claimed that the local county government is simply being greedy and unwilling to give up the revenue that they receive from traffic tickets. The fines associated with these tickets goes to the government’s coffers and is shared with the company that installed and maintains the cameras. This creates a possible incentive for some politicians to keep the cameras functioning even in light of the risk of injury or death. However, this may actually lead to increased personal injury lawsuits, which would be much more costly if lawmakers neglect to deal with the hazardous condition that they’ve created. Motor vehicle accident victims are encouraged to seek legal advice from a top injury lawyer to determine their rights. You can see a video and read more about the controversial traffic light program and investigation here.

Illustrative Photo Credit: Dave Dugdale, www.rentvine.com [License]

March 31, 2016 News
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Dangerous foods require product recalls to protect consumer safety

A slew of recent food recalls have included Perdue chicken found to have pieces of plastic in it, concerns of spoiled Bumble Bee cans of tuna, dangerous foreign objects such as shards of glass in Nestle frozen food products and Listeria contamination concerns with Starbucks breakfast sandwiches. Consumer safety activists have expressed grave concern regarding the nature of the potentially dangerous product recalls. They insist that improved safety control must remain the highest priority of all food manufacturers and not profits, as some companies believe. Some experts have questioned the speed at which some food recalls begin while others note that the extent of recalls and the advertising of them are lacking. Public health professionals explain that a dangerous food product must be removed from store shelves and supply warehouses immediately. However, some companies delay such decisions due to concerns regarding their image or loss of money due to a recall. Even once a hazardous product recall has been initiated, some businesses do a poor job of publicizing it, leaving customers at risk of illness, injury or death. Product liability is a serious concern and must be seen by corporations as more than a financial decision, but rather a human one. A top injury lawyer in New York City explains that many people get sick, suffer an injury or are victims of wrongful death due to simple negligence by companies that don’t take their responsibility seriously. Activists encourage all businesses to follow the good examples set by owners who follow through on their obligations to the public. If you or someone you know has been injured by a dangerous product, you have the right to speak to an attorney. Find more about the recent food product recalls here.

Illustrative photo credit: Rusty Clark [License]

March 22, 2016 News
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MTA bus accident in Midtown leaves multiple injuries in its wake

New York – Yesterday’s Metropolitan Transportation Authority (MTA) bus crash led to at least nine accident victims receiving emergency treatment of their injuries. Several of the injured passengers refused transport to a hospital but may require medical care at a later date. The bus driver admitted to losing control of the bus and crashing into a support pillar of a highway overpass bridge above. The questions regarding why and how the driver lost control remain the focus of the investigation. Police and MTA officials were looking into the cause of the accident, including a check into the driver’s safety record and accident history. They have received eye-witness reports that he was a distracted driver, possibly reaching to get a bottle when the motor vehicle collision occurred. The crash occurred near a curve in the road which may been a factor in the incident. Further scrutiny of this accident with injuries must include evaluation of the mechanical condition of the bus itself. Investigators will need to look at the repair and maintenance records for the vehicle to determine if it was safe for public transportation use. In addition to driver error, negligent maintenance can contribute to mechanical failures and an accident. The city’s MTA hasn’t issued a comment on the bus accident, pending investigation. However, public transit safety advocates are expressing deep concern regarding the driving habits of some of the drivers. They insist that the bus companies and city are responsible to take immediate corrective action against any dangerous driver in order to prevent more accidents, injuries and even death. You can read up more about this bus collision here.

Illustrative Photo Credit: Metropolitan Transportation Authority of the State of New York [License] Photo: Marc A. Hermann / MTA New York City Transit

March 08, 2016 Case Success Stories
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$297,500 Pre-Trial Settlement for Injuries From a Trip and Fall Accident in Queens

New York — This 88-year-old trip and fall victim claimed that his injuries were caused by negligent maintenance on the part of the owners of the driveway where the accident occurred. The elderly man’s fall injuries included a hip injury and wrist fracture. The man came to the injury lawyer experts of Morrison & Wagner and together, they filed a negligence lawsuit. In a pre-trial settlement they recovered $297,500 for the injury victim.

Illustrative Photo (Altered to obscure license plate): Alan Stanton [License]

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Damaged driveway a hazard, plaintiff claimed (VerdictSearch)

Settlement Amount: $297,500

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Court: Queens Supreme, Queens County, New York

Injury Type(s): hip – fracture; other – loss of services; wrist – fracture

Case Type: Slips, Trips & Falls – Slips, Trips & Falls, Trip and Fall; Premises Liability – Dangerous Condition, Negligent Repair and/or Maintenance

Date: January 17, 2011

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

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Facts:

On Feb. 19, 2010, the plaintiff, 88, tripped on the sidewalk apron of a driveway that was located on the east side of 66th Avenue, between its intersections at Queens Boulevard and Saunders Street, in the Rego Park section of Queens. He fell, and he sustained injuries of a hip and a wrist.

The injured plaintiff sued the 35 owners of the residences that had access to the driveway. He alleged that the homeowners were negligent in their maintenance of the driveway. He further alleged that the homeowners’ negligence created a dangerous condition that caused his accident.

The fall victim claimed that the driveway was damaged and hazardous.

The defense was coordinated by a claims adjuster of the insurer that represented a plurality of the defendants. The defense contended that the plaintiff had been crossing the driveway on a near-daily basis for years and thusly would have been aware of any defect. The defense also contended that any defect was caused by sanitation vehicles that regularly accessed the driveway.

Injury:

The injury victim sustained a fracture of his left hip and a fracture of his left, nondominant arm’s wrist. He claimed that he suffers permanent residual pain and limitations that greatly hinder his ambulation and his performance of many of his everyday activities. He sought recovery of damages for past and future pain and suffering. His wife sought recovery of damages for loss of services.

Result:

The parties negotiated a pretrial settlement. Each defendant’s insurer agreed to pay $8,500. Thus, the settlement totaled $297,500.

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Judge: Valerie Brathwaite Nelson

Editor’s Comment: This report is based on information that was provided by plaintiff’s counsel. VerdictSearch was unable to solicit feedback from defense counsel.