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Blog Posts in October, 2016

  • 6-Year Old New Jersey Boy Struck by Float in Halloween Parade

    The Halloween Parade in Point Pleasant Borough, New Jersey, is normally a time for excitement and celebration. Unfortunately, this year a horrible accident at the parade resulted in serious injuries to a 6-year old by who remains in the Intensive Care Unit in Jersey Shore Medical Center in Neptune, NJ. According to a report by NJ Advance Media for NJ.COM , the boy was walking with his mother along ...
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  • Heroic School Crossing Guard Struck and Killed by Tractor Trailer in Hempstead New York While Saving Student

    A beloved school crossing guard affectionately known as "Miss Carol" was struck and killed by a tractor trailer at the corner of South Franklin and Grove Streets in Hempstead at around 10:20 a.m. Friday morning. CBS New York reported that she was attempting to stop the truck for a crossing child when she was killed. She left behind a husband, 3 children and 7 grandchildren. Eyewitnesses stated ...
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  • Diner Awarded $1.3 Million in Compensatory and Punitive Damages by Federal Jury for Injured Esophagus after Eating a Piece of Wire in His Dinner at db Bistro Moderne

    A Federal Jury in Manhattan found in favor of a plaintiff injured while eating at the famed restaurant, db Bistro Moderne, owned and operated by celebrity chef, David Boulud. The diner swallowed a piece of metal wire which was in his Coq Au Vin resulting in damage to his esophagus and an infection which nearly cost him his life. According to a report by the New York Post , the famed restaurant ...
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  • Can the Australian Amusement Park Tragedy Happen in the United States of America?

    The tragic accident in Australia at Dreamworld amusement park resulted in the tragic deaths of 4 people. A recent article by USA Today investigated the issue of whether such an accident could occur in the United States of America. The sobering answer was that such an accident was entirely possible given the lack of oversight over amusement parks in the USA. Amusement parks in America are not ...
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  • First Department - Plaintiff Entitled to Summary Judgment Pursuant to Labor Law 240(1) When He Fell Descending a 6-Foot A-Frame Ladder Where Debris Prevented Use of 8-Foot Ladder

    In the case, Saavedra v. 89 Park Avenue LLC, et. al. , Index 154454/14 , the Appellate Division, First Department reversed the lower court's denial of plaintiff's motion for summary judgment on liability pursuant to Labor Law 240(1) and granted plaintiff's motion. This case involved a plaintiff electrician who was injured when he fell from an A-frame ladder as he was attempting to descend it. ...
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  • Four People Killed in Horrific Amusement Park Accident in Australia

    Guests at an amusement park place their complete faith in the operators of the amusement park that their safety and well-being will be given the highest priority as it involves the maintenance and operation of their rides. At Dreamworld theme park in Queensland, Australia, four people were killed when a ride malfunctioned, according to a report by CNN . Two men, ages 35 and 32, and two women, ages ...
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  • NYPD Vehicle Stolen When Officer Leaves Keys in Ignition - the Implications of Vehicle and Traffic Law Section 388

    Normally, when a vehicle is stolen, the owner is not liable for any injuries or damage caused by the stolen vehicle. However, when the owner can be shown to be negligent, the owner can be held liable for any injuries or damage caused by the driver of the stolen vehicle. This scenario played out in almost comical fashion as an NYPD officer in the Bronx left the key to an NYPD cruiser in the ...
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  • Queller, Fisher, Washor, Fuchs & Kool Wins Appeal in Snow and Ice Case

    The Appellate Division, First Department, in the case Lowenstern v. Sherman Square Realty Corp . , determined that the Decision of the Supreme Court, which denied defendants’ motion to dismiss the complaint pursuant to CPLR 3211(a)(1) and (7), was properly rendered in this case. Our partners, Jonny Kool and Christopher L. Sallay, successfully argued that the complaint adequately pleaded a cause of ...
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  • Top 6 Things to do if You Are Injured in a Trip and Fall Accident on a Broken Sidewalk in New York

    If you have suffered an injury as a result of a fall on a broken or defective sidewalk, these are the Top Six things you or someone on your behalf should do as soon as possible: 1. Call for help - you or someone on your behalf should call 911 so that the Police can come and assess the situation and document the happening of the accident. In New York, the police will prepare what is called an Aided ...
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  • NYPD Commissioner Admits Police Failed in Fatal Shooting of Emotionally Disturbed Bronx Woman

    An emotionally disturbed Bronx woman was shot and killed on Tuesday by a Sergeant in the New York City Police Department inside her Bronx apartment. According to a report by CBS New York , the woman was known to the police and known to be emotionally disturbed. Apparently, she attempted to grab a baseball bat and strike the police officer, who responded by firing two fatal shots with his service ...
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  • $25 Million Awarded to Connecticut Woman Whose Leg Was Amputated Due to Medical Malpractice

    A failure to timely diagnose a blood clot led to the amputation of a Connecticut woman's leg. That was the finding of a jury in Trumbull, CT according to a report by CBS New York . At the time of the malpractice, the plaintiff was 18 years old. She apparently went to the hospital with complaints of leg pain and was diagnosed as having an arterial blood clot. The defendant, an on-call vascular ...
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  • Dozens of Children Injured in Crash on Palisades Parkway Involving Two School Buses

    Every parent fears hearing news that their son or daughter was injured while in the care of another. The reality is that our society relies upon school buses to transport our children back and forth to school. The further reality is that these school buses can be involved in accidents in which our children can be injured. As reported by CBS New York , Two school buses from Northern Valley Regional ...
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  • Drunk Driver Strikes Mastic Beach Fire Department Van on Long Island Injuring Multiple Firefighters

    Two firefighters were injured in another crash involving a drunk driver. The drunk driver was previously convicted of driving while intoxicated. On Wednesday night, according to Newsday , the drunk driver struck a Mastic Fire Department van which had been stopped at a red light having just come from the Firematic Training Center on Yaphank Avenue. As the traffic light turned green, the Fire ...
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  • First Department Says You Still Need Gravity for a Labor Law 240(1) Case Where Worker Struck by Pipe Being "Flushed"

    In the case Joseph v. City of New York , the Appellate Division, First Department reiterated that the application of the force of gravity is still necessary for a plaintiff to prevail on a Labor Law 240(1) case. In this case, the Appellate Division, First Department reversed the decision of the lower court and dismissed the plaintiff's complaint. In this case, the Plaintiff was struck by a pipe ...
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  • What Will It Take for People to Stop Drinking and Driving?

    Another fatal accident was reported over the weekend involving a drunk driver striking and killing a 21-year old man who was walking back to his college following a Saturday night out. According to a report by CBS New York , the driver was found to be at twice the legal limit following the fatal incident. The victim was a junior at Manhattanville College and the driver is a 24 year old Rye ...
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  • LIRR Train Derailment - Human Error Is Likely Cause of Accident

    A maintenance train side-swiped a passenger train on Saturday resulting in a derailment and injuries to 33 passengers on the Ronkonkoma line of the Long Island Railroad(LIRR). According to an article by the New York Daily News , this was likely caused by human error as it is believed that someone left a switch in the wrong position and as a result caused a maintenance train to sideswipe a ...
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  • The Top 12 Things You Need To Do If You Have Been in a Car Accident

    The Top 12 Things You Need To Do If You Have Been in a Car Accident Car accidents are a common occurrence in New York. Statistics from 2014 show that there were approximately 300,000 car accidents that year. Over 250,000 of them were reported to the police and nearly 120,000 of them resulted in an injury. Given the frequency with which car accidents occur, it is important to understand what to do ...
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  • The Pedestrian Knockdown - 48-Year Old Man Critically Injured in Brooklyn Intersection Accident

    A 48-year old man was struck while crossing the street on Atlantic Ave. at Norwood Ave. in Cypress Hills at about 7:49 p.m Thursday evening. The New York Daily News reported that the driver of the vehicle remained at the scene and the victim was transported to Brookdale Hospital in critical condition. Further details were not reported as the NYPD continued their investigation. This type of ...
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  • Three Fatal New Jersey Motor Vehicle Accidents Overnight

    New Jersey experienced three fatal motor vehicle accidents last night in separate incidents reported on their roadways. The details of each accident remain under investigation, but a report in the Brick, NJ Patch confirms that tow of the fatal accident occurred on the Garden State Parkway, while the other occurred on I-295. The Garden State Parkway accidents involved a 5-car pile up and a dump ...
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  • Clown Threats Raise Issues Concerning the Security of Premises

    It has been widely reported that people dressing up as clowns have been seen in increasing numbers across the United States. Some of these clowns are now behaving in threatening manners which can and will force owners of public places to be vigilant and could result in them being found negligent for improper security should aggressive and combative clowns injure people lawfully on their premises ...
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  • Queller, Fisher, Washor, Fuchs & Kool Has Five Partners Named to Super Lawyers for New York Metro Area

    The partners and staff of Queller, Fisher, Washor, Fuchs & Kool, LLP are delighted to announce that 5 of our partners have been named to Super Lawyers in 2016 for the New York Metro area. This marks the 10th Straight year that Barry Washor has been named as a Super Lawyer. Jonny Kool has been named as a Super Lawyer for 8 straight years while Dallin Fuchs has received this honor for the past seven ...
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  • NTSB Believes NJ Transit Train Was Speeding When It Crashed into Hoboken Terminal

    In direct contradiction to the train engineer who believed the train was traveling at 10mph at the time of the crash, investigators from the National Transportation Safety Bureau(NTSB) believe the train was traveling 20-30mph, which is well in excess of the posted 10mph speed limit. In a report by the Gothamist , The engineer's claim will be verified by an analysis of the train's data and video ...
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  • Ben Stiller Discusses Importance of PSA Test for Early Detection and Treatment of Prostate Cancer

    Prostate cancer is among the most deadly cancer types for men, but it is also the most detectable and treatable if caught in a timely fashion. Ben Stiller explained the important of having a PSA test as a 48-year old man. In an article by the New York Daily News stemming from an interview with Howard Stern, Stiller revealed how the routine PSA blood test led to an early diagnosis of prostate ...
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