Author Archives: Morrison Wagner

September 25, 2015 News
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Dog attack injure man on his way to work in the Bronx

New York – Two pit bull dogs attacked a man while he walked along a city street in Belmont. The assault was captured on video when bystanders watched in horror and some tried to help the victim. The assault victim explained that he was walking along and saw the pair of dogs walking without a leash. He said that he was not afraid and thought they were friendly, even reaching out his hand as if to say hello. According to some reports, the owner of the dogs began yelling at the man and that’s when the dog mauling began. The pit bulls jumped on top of the man and repeatedly attacked and bit him all over his body. He suffered extensive injuries, including dog bites to his face, chest and both arms. Trauma surgeons later had to repair the man’s injured ear, which had been amputated. After many attempts by bystanders, the man was finally rescued but the dogs apparently attacked some of the other people at the scene as well.

New York City residents were in an uproar over the dangerous incident, saying that police and city officials haven’t done enough to ensure their safety. Note has been made that the 911 dispatcher needed to be told and retold the location of the dog attack many times before actually responding. A recording of the 911 call reveals that the caller, while understandably upset, had clearly reported the address of the emergency call over and over again. However, police and rescuers appear to have been delayed due to the dispatcher re-asking the same questions. Ultimately, it was bystanders who had to step in and come to the victim’s aid since police had not arrived more quickly. In addition, some public activists have noted that the owner of these dogs has been reported in the past for similar problems. They complain that city officials have not done enough to remove the animals from her charge, creating a very serious and hazardous condition for everyone else. The dangerous dog owner was arrested and charges assessed. You can find out more about this assault and her arrest here.

Illustrative Photo Credit: maplegirlie [License]

September 13, 2015 News
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New York City wall collapsed during deadly construction accident

New York – One workman was killed and two more workers were injured in a construction accident in Brooklyn a couple of weeks ago. The family of the killed worker report that he had often complained about the hazardous condition in and around the work site. The building was undergoing renovations and complaints have arisen surrounding the structural safety prior to the partial building collapse. The specific wall collapsed on top of the three construction workers while they were apparently not properly protected according to accepted safety standards and regulations. The injured victims were extricated by fire fighters and emergency rescuers, then rushed to the emergency room. Unfortunately, one of the workers died of multiple crush wounds with severe internal injuries. Doctors in the hospital explain that they performed all possible procedures but were unable to save his life. The remaining injury victims were treated for various work-related injuries and are expected to survive.

Construction safety specialists note that this accident is far from being the first in the city. They point to several other construction and work accidents and injuries, as discussed here. Activists warn that employers and contractors must be held accountable for not adhering to safety regulations and placing the health and lives of workers and bystanders at risk. You can also read about a recent elevator accident that killed a worker who fell several stories down an elevator shaft and died.

Illustrative Photo Credit: Martin Pettitt [License]

August 27, 2015 News
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Bus crash in Queens, New York after driver loses control

New York – A bus accident in Rego Park has left at least six injured victims according to police reports. Investigations into the cause of the collision shows that the bus driver may have swerved to avoid colliding with a car but then the driver lost control of the bus. The bus then slammed into the side of a building, injuring the driver as well as multiple passengers. The people were extricated by the New York Fire Department and rushed to the hospital with varying injuries. The specific nature of the injuries are unclear at this time. However, witnesses to the aftermath of the motor vehicle accident note that the injury victims were secured with neck collars and spine boards due to concern for spinal injuries. Evidence shows that the bus hit a brick-faced wall of a building, possibly an apartment building. This demolished the corner of the building and sent heavy bricks and other debris flying all around. Witnesses describe a car being pinned under the bus, with the driver suffering critical injuries.

Further investigations will be needed to determine the exact cause of the crash. Police will examine the mechanical condition of the bus, including brakes, steering, tires and other essential equipment to determine if proper maintenance was performed. Records show that the bus was owned and operated by a casino company, who may bear some or all responsibility for the accident. The driving record and training of the driver may need to be examined as well. Officials will simultaneously need to determine if the driver of the other car was negligent and possibly caused the crash. Read more about the accident and injuries here.

Illustrative Photo Credit: Chris Yarzab [License]

August 17, 2015 News
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Brooklyn Bridge motor vehicle crash leaves multiple injured victims

New York – A 3 car pile-up car accident on the Brooklyn Bridge reportedly began when a broken down car was rear-ended by a second vehicle. The disabled car had been parked in the right lane of the roadway when it was struck by the second vehicle. However, a third car then slammed into the second, causing that second vehicle to roll over. The roll-over accident then caused a passenger to be ejected from the car. Police believe that the driver of the car that flipped over was drunk driving, possibly causing the first collision. The suspected drunk driver was arrested and brought in for further investigation according to officials. By the end of the triple vehicle car crash, there were at least seven injury victims who required emergency evaluation and treatment. Several of the victims suffered with neck and back pain, which may indicate spinal damage, according to medical specialists. They explain that the spinal injury could be simple muscle aches but could also be indicative of fractured vertebrae, herniated discs, disc bulges or even spinal cord damage.

This accident was reminiscent of a recent ambulance accident where the ambulance also rolled over. That collision also occurred in Brooklyn, very close to the exit for the Brooklyn Bridge. The accident involved an SUV truck that was hit by the ambulance, that was travelling with emergency lights and sirens as it was responding to the scene of an unrelated crash. There were four people with injuries in the accident, including the two EMTs working on the ambulance. See details about the multi-vehicle Brooklyn Bridge accident here.

Illustrative photo by: Alex Proimos from Sydney, Australia [CC BY 2.0], via Wikimedia Commons

July 31, 2015 Case Success Stories
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$225,000 Jury Verdict – Queens Car Crash Causes Neck, Back and Shoulder Injuries

Queens County – John Doe was the driver of a car that was involved in a car collision with another vehicle in the Fall of 2010. The other vehicle made a left turn and slammed into the driver’s side of Doe’s car, causing damage to both vehicles as well as personal injuries. The car accident occurred only steps away from his house, so Mr. Doe went home, hoping that the pain would get better on its own.

Unfortunately, Doe’s accident injuries didn’t go away so he began treatment and regular visits with a doctor. His injuries included neck and back pain as well as a torn rotator cuff shoulder injury. Conservative treatment with physical therapy did not solve his pain and suffering, leading to the need for an arthroscopic surgery on his shoulder. Despite all of his medical care, the car crash victim was left with significant pain and unable to function normally at work.

Mr. Doe turned to a team of expert accident lawyers https://morrisonwagner.com/about-us/ who reviewed the case and helped Doe file a personal injury lawsuit against the driver of the other vehicle. They claimed that the defendant’s negligent driving caused the motor vehicle collision and Doe’s injuries. Following a jury verdict, Doe was awarded $225,000 for pain and suffering from the injuries. For more details on this case, read the expanded article below.

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

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Car Crash Caused Shoulder Woes, Restaurateur Claimed (VerdictSearch.com, by Priya Idiculla)

Verdict: $225,000
Net: $100,000

Facts & Allegations:
In September of 2010, plaintiff John Doe, 43, a restaurant’s owner, was driving in the Briarwood section of Queens. While Doe was proceeding through the intersection, his vehicle’s left side was struck by a vehicle that was being driven by Mr. Jack Smith, who was executing a left turn. Doe’s vehicle was propelled across the intersection. Doe claimed that he sustained injuries of his back, his neck and a shoulder. Doe sued Smith. Doe alleged that Smith was negligent in the operation of his vehicle. Liability was decided via summary judgment. The matter proceeded to a summary jury trial that addressed damages.

Injuries/Damages:
neck; derangement, shoulder; rotator cuff, injury (tear); arthroscopy; physical therapy; soft tissue; back; massage therapy

Doe refused immediate medical attention, and he returned to his home, which was located some 50 feet from the scene of the accident. After some two hours had passed, he presented to a medical clinic. He claimed that he was suffering pain that stemmed from his back, his left, non-dominant arm’s shoulder and his neck. He underwent minor treatment.

Doe ultimately claimed that he sustained derangement of his left shoulder, two small tears of the same shoulder’s rotator cuff, and injuries of soft tissue of his back and neck. Photographs of his vehicle depicted damage in the area in which his left shoulder would have been situated. Doe immediately commenced a course of conservative treatment that included massages, physical therapy, and the application of cold and hot packs. The treatment lasted about six months. On Nov. 4, 2010, he underwent arthroscopic surgery that addressed his left shoulder.
Doe claimed that his injuries prevented his performance of about six months of work. He also claimed that his left shoulder remains painful, that the pain is permanent and that it limits his performance of his work duties. His restaurant is located in South Carolina. He claimed that he alternately spends 10 days in New York and 20 days working in South Carolina. He further claimed that he previously drove to and from work, but that his residual effects necessitate his use of air transportation, at a greater cost.

Doe sought recovery of $100,000 for past pain and suffering and $125,000 for future pain and suffering.

The defense’s expert orthopedist submitted a report in which he opined that Doe’s injuries were degenerative conditions that predated the accident. The expert reviewed the results of a post-accident MRI scan of Doe’s left shoulder, and he opined that the test revealed minor bursitis and minor tenosynovitis, which involves restrictive inflammation of the sheath of a tendon. The defense’s expert radiologist submitted a report in which he opined that the test did not reveal an abnormality. Defense counsel noted that Doe refused immediate medical treatment, did not present to a hospital and immediately resumed work.
The defense’s expert orthopedist also opined that Doe’s surgery was unnecessary. He contended that an additional month of physical therapy could have averted the need for surgery.

The parties stipulated that Doe’s damages could not exceed $100,000.

Result:
The jury found that Doe’s damages totaled $225,000, but Doe recovered the stipulated limit: $100,000.

Editor’s Note:
This report is based on information that was provided by plaintiff’s counsel. Additional information was gleaned from court documents. Defense counsel did not respond to the reporter’s phone calls.

July 24, 2015 News
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Dangerous furniture falls, killing children

New York – Product safety specialists have long warned about the dangerous condition caused by tall furniture that isn’t properly secured. Reports show that two children were crushed to death under heavy dresser drawers from Ikea, a popular furnishings retailer. The store has now issued repair kits to allow consumers to secure their furniture to various types of walls, in case they have not done so thus far. The wall anchor set will be issued for specific pieces of furniture that meet the criteria set by the business, as they are likely to fall over and injure or kill an unsuspecting person. Experts say that all furniture should be checked for safety or a fall hazard by manufacturers and stores before being sold. They note that proper instructions and equipment should be included with all products to ensure secure installation of the furniture. Ikea has included wall anchors with some of their products for several years but it is unclear if the specific units that caused the deaths of these kids had them included. Safety activists warn that the concern is not just regarding these specific accidents or even this specific company. Rather, they note, there are some companies that are more negligent when it comes to consumer safety than others. Explicit warning labels, instructions and equipment as well as constant after-market research is necessary by manufacturers and stores to prevent accidents, injuries and wrongful death. Effort must also be made to prevent heavy, unstable objects, such as a television set, being kept on furniture without proper safety precautions that prevent the object from being pulled or falling onto a victim. Businesses that do not do this may face a negligence lawsuit for manufacturing or selling a hazardous product. Additional information on this topic and the fatally injured children is available here.

Illustrative photo by: BeckyF [License]

July 16, 2015 News
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Minivan accident blamed on driver under the influence of drugs

New York – A young child suffered a severe head injury during a collision where the van that she was in was rear-ended by a car. The van accident occurred in Hauppauge, Long Island and police there have charged the driver of the car with driving while impaired. They note that they detected signs of illicit drug use that could have made driving dangerous to others on the road. Sources say that the man was reckless driving, causing him to hit the back of the minivan and then jump the curb. Officials believe that the man’s drug use may have contributed to the reckless driving, causing multiple injuries to the victims in the minivan crash. The 7-year-old girl passenger in the van is listed as the most serious injured in the accident. The nature of the other injuries are unclear and doctors will have to do more extensive medical testing. However, trauma experts explain that injuries from this kind of motor vehicle accident often include traumatic brain injury, spinal injury, fractures and internal organ damage. They warn that some types of injuries are not even apparent for days to weeks after a crash, sometimes even longer. Legal experts in New York say that a driver who is under the influence of drug or is drunk driving when he or she causes a crash, they can be charged with criminal violations of the law as well as be sued in civil court. The civil lawsuit could deal with personal injury or wrongful death as well as property damages. For more information about this car crash, see this article.

Illustrative Photo Credit: MilitaryHealth [License]

July 15, 2015 Case Success Stories
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$340,000 Compensation - Surgical Error - Young Woman Suffers Colon Perforation After Routine Surgery

Brooklyn, NY – – Jane Doe was 21 years old when she went for a routine gynecological surgery to remove cysts from her ovaries in February of 2010. However, she had to return to the Brooklyn, New York hospital approximately a week later due to severe pain from a perforation of her bowel. The injury to her large intestine quickly worsened into peritonitis, a dangerous infection in her abdomen and pelvis.

Ms. Doe continued to suffer and required multiple operations to help correct the apparent surgical mistake. She asserted that the hole in her bowel occurred due to doctor negligence and therefore filed a medical malpractice lawsuit. After consulting with a top medical malpractice lawyer, she further contended that the Ob-Gyn surgeon delayed treatment due to failure to diagnose the complication from the operation.

Following negotiation with the defendants, the malpractice victim was given a $340,000 settlement. For further details on this case, please see the full article below.

Illustrative photo by U.S. Air Force photo by Airman 1st Class Benjamin Stratton [Public domain], via Wikimedia Commons 

July 03, 2015 Uncategorized
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Injuries following Queens ambulette accident

New York – A motor vehicle accident between an ambulette and a car occurred last night in the Flushing neighborhood of Queens. The ambulette van crashed into the car and then lunged forward into a fence, according to reports. After slamming through the fence, it came to rest half on a stone wall and half in a parking lot, having narrowly missed hitting a building. At least two accident victims suffered injuries in the van crash. It is unclear if any passengers were in the ambulette at the time of the collision. Ambulettes are usually used to transport sick and disabled people to and from hospitals and doctor’s appointments when they are unable to travel by regular car. Often, these people are wheelchair-bound or unable to walk or sit in a regular seat. Healthcare system experts say that these people often need extra special care and attention due to their disabilities and increased susceptibility to injury.

Observers note that this ambulette crash is similar to another recent but deadly ambulette accident in West Nyack, New York. That collision occurred just a month and a half ago and involved a mini bus and the medical transport van close to the Palisades Center shopping mall in Rockland County. It left one victim dead and four additional people injured in the crash along with many questions about ambulette driver training and safety. Transportation safety activists have demanded that officials look into these ambulette collisions and determine if additional training and safety regulations are necessary to ensure public safety. They warn that the fragile state of citizens who require specialized medical transportation in an ambulette must be the highest priority. Some point out that a reckless driver or negligent worker can easily lead to catastrophic consequences. See this video and article for more about this fatal van accident.

Illustrative Photo Credit: hmmmayor [License]

June 18, 2015 News
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Bus crash injures dozens in Lincoln Tunnel

New York – Upwards of 40 accident victims were injured when one bus rear-ended another during rush hour commute into Manhattan this past week. The rear-end collision occurred when a New Jersey Transit bus filled with commuters collided with a school bus filled with children. The school bus was transporting the school kids into New York City for a graduation trip when the bus accident occurred. Initial analysis shows that the commuter bus driver was unable to stop in time to avoid the crash during traffic. Further investigation was necessary to determine why this was the case, and to rule out driver negligence or criminal activity, such as drunk driving or driving under the influence of drugs. Commuter advocates say that some bus drivers are not properly trained or don’t always follow safety regulations, leading to increased dangers on the roads. For example, drivers need to make sure that they are well rested and not tired from driving shifts that are longer than permitted. In addition, drivers must direct their full attention to the roadways and traffic conditions, adjusting their driving accordingly. However, some activists warn that bus drivers, much like car and truck drivers, have become too distracted by things such as texting while driving, talking on a cell phone or adjusting the radio. These actions create a dangerous condition that is more likely to lead to this kind of accident.

The injury victims were treated on the scene and some were transported by ambulances to various hospitals. Others were directed to see their private doctors for evaluation and treatment of their injuries. Experts note that some of these injuries may not become fully evident until hours, days or even weeks after the motor vehicle collision. For example, what starts off as a mild stiff neck or backache can sometimes worsen and end up creating a permanent injury with spinal injuries and nerve damage. If you or someone that you know are injured in a vehicle crash, it is advised to see a physician or go to an emergency room for evaluation. You also have the right to speak to a top injury attorney who has expertise in dealing with personal injuries after a motor vehicle accident. See this site for more about last week’s bus accident.

Illustrative Photo Credit: Doug Kerr [License]