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The partners and staff at Queller, Fisher, Washor, Fuchs & Kool, LLP wish our clients, colleagues, families and friends a happy and healthy Thanksgiving!! We are thankful to be part of such a wonderful office and extend our holiday wishes to all.

As a reminder, please enjoy the holiday in a safe and responsible manner!!

If you or a loved one have suffered serious injuries or death as a result of the negligence of another person or company, the attorneys at Queller, Fisher, Washor, Fuchs & Kool will give you a free consultation to determine your legal options. To see if you have grounds for a claim, call 212-406-1700 or contact us online.

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Congratulations to our partner, Jonny Kool, for the settlement of a Bronx Labor Law case in the amount of $3.8 million. The case involved multiple injuries sustained by a 57-year old bridge painter on May 10, 2013, at the High Bridge Rehabilitation project in Bronx County. The plaintiff was seriously injured when the end of a 400 pound vacuum hose (used in sand-blasting operations) came loose as the hose was being lowered. The end of the hose fell approximately 20-25 feet and struck the plaintiff in the head and shoulder. The force of the impact jarred his hardhat off and knocked plaintiff off his feet, causing him to fall over onto the platform floor.

The plaintiff was knocked out and woke up in the ambulance. He sustained a closed head trauma with hearing loss and a mild traumatic brain injury (TBI) requiring cognitive therapies, cervical disc injury necessitating reconstructive surgery including two-level neck fusion at C4-C5 and C5-C6, right ankle ligament tears necessitating Brostrom ankle reconstruction, right shoulder rotator cuff and tendon tears necessitating arthroscopic shoulder reconstruction with anchor placements and significant disc herniation with L4-L5 annular tear confirmed intraoperatively producing lower extremity numbness that necessitated a transforaminal lumbar interbody fusion of the L4-L5 segment with placement of a biomechanical device. As a consequence of these injuries, the plaintiff was, and remains, disabled from his occupation as a Local Union 806 Structural Steel and Bridge Painter.

Our office moved for Summary Judgment on behalf of the injured bridge painter to legally establish the liability of the bridge owner (the City of New York) and the General Contractor for the project pursuant to New York Labor Law 240(1). While the motion was pending, the parties agreed to a settlement in the amount of $3.8 million.

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Congratulations to Barry Washor who recently settled a Bronx wrongful death action arising out of medical malpractice committed at a hospital in lower Manhattan which resulted in the death of a 36-year old unmarried mother of 4 children. The action settled just prior to trial in the amount of $2,700,000. 

The case involved a 36 years old woman who was admitted to the hospital on September 8, 2011 with complaints of leg pain and swelling. She initially presented to the emergency room where she was given an ultrasound and diagnosed with a large DVT (blood clot) which ran from her knee to hip. A hematologist was called in and she was admitted under the care of an internist. She was then started on a regimen of Lovenox, an anti-coagulation medication, as well as Coumadin. She was discharged from the hospital the next day and went home by taxi cab with her aunt and cousin. In the cab she became very uncomfortable and was experiencing chest pain and shortness of breath. When she reached her front door she collapsed and lost consciousness. She was taken to a different hospital where she was pronounced dead on arrival. She died as a result of a saddle embolism in her lungs which had caused cardiac arrest.

The claim in the case was that because the DVT was so large, the defendants should have done a work up to investigate the possibility of a pulmonary embolism. A CT scan was indicated and plaintiff’s experts opined that had it been done it would have shown some “showering of emboli” which would have required continued admission where it is likely that the pulmonary embolism would not have occurred or least could have been treated had it occurred. It was plaintiff’s contention that the decedent was deprived of a reasonable opportunity for a chance of survival had treatment been done immediately.

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U.S. News & World Report released their annual listing of “Best Law Firms” rankings. Queller, Fisher, Washor, Fuchs & Kool, LLP was included in the New York City rankings in three practice areas – Personal Injury Litigation – Plaintiffs, Medical Malpractice Law – Plaintiffs and Product Liability Litigation – Plaintiffs. The partners and staff are truly honored to receive this recognition and wish to thank everyone, especially our satisfied clients and legal peers.

For over 50 years, Queller, Fisher, Washor, Fuchs & Kool, L.L.P., has served injury victims in New York City and the surrounding area. Today, we focus our practice on complex cases involving catastrophic accidents and injuries, worker injuries, construction accidents, vehicle accidents, medical malpractice, premises liability, police misconduct and wrongful death. Our reputation as one of the premier personal injury and medical malpractice firms in the city remains as strong as ever.

All of the attorneys at Queller, Fisher, Washor, Fuchs & Kool are extremely experienced and well versed in handling all types of personal injury claims. Indeed, personal injury law is the only type of law that we practice. We understand that your individual matter is your only case and the outcome can be critical to the future of yourself and your family. Our attorneys are selective about the cases we take, which allows us to concentrate on representing clients who have been seriously injured or killed in New York.

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Queller, Fisher, Washor, Fuhcs & Kool, LLP wish all of our friends and families a safe and happy Halloween. Please remember to pay special attention to your children so they can safely "Trick or Treat on this fun and festive day.

A special thank you is necessary for our very own Tara Kelly who decorated the conference room seen above and truly is in the Halloween spirit.

If you or a loved one have suffered serious injuries or death as a result of the negligence of another person or company, the attorneys at Queller, Fisher, Washor, Fuchs & Kool will give you a free consultation to determine your legal options. To see if you have grounds for a claim, call 212-406-1700 or contact us online.

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Winter is that time of year which can bring its own unique circumstances that make accidents more likely and dangers more catastrophic. Of course, not all accidents are preventable, but there are steps that can be taken to minimize accidents and the potential impact on yourself and your family. Below are a list of 10 Safety Tips to prepare for the upcoming winter from the perspective of experts in New York Personal Injury Law:

  1. Smoke and Fire Detectors – Fires are a major concern in the cold weather months with the need for heat and the simple recognition that many people use different heating sources depending on their circumstances. Regardless of the heating sources used, smoke and fire detectors are a must. These should be installed and inspected prior to winter months to ensure that they are working properly and, if necessary, the batteries have been replaced and are in good working order. This simple safety device can make an immeasurable difference in the prevention of tragedy.
  2. Servicing your car – Prior to the winter, you should bring your car or cars to be serviced and winterized. This will insure that your tires are in good shape and can handle road conditions as much as possible. Your fluids will be checked and replaced to insure that your engine will not have any issues and your windshield wiper fluid is full for those snowy and sleety days when you really need it.
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This morning, at approximately 9:47am, 6 construction workers were injured in Brooklyn when the roof they were working on collapsed to the basement of the Brownstone building. According to CBS New York, the workers were putting up cinder blocks on the roof when the collapse occurred. 6 workers were reported injured with 4 in serious condition.

A roof collapse like the one described above could implicate the Labor Law of the State of New York which was enacted to protect workers at heights whose bodies and materials could be subject to falling and the force of gravity. Questions must be asked as to why the roof collapsed and why it could not support the load upon it.

Commonly known as the “Scaffold Law,” New York Labor Law 240(1) offers financial protection to construction workers who have suffered elevation-related injuries. The labor law places absolute liability-meaning that liability is imposed regardless of fault–on the property owner and general contractor when a worker suffers an injury due to a fall from elevation or is struck by a falling object. By placing absolute liability on general contractors and property owners, the labor law essentially provides construction workers compensation for damages for most elevation-related injuries.

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Just because something has not happened yet does not make it unlikely or not foreseeable. Worries about drones colliding with aircraft have been there for a long time now. Those worries became reality when a drone collided with a small commercial plane in Canada last week according to a report in the New York Post. This marks the first time in North America that such a collision has occurred according to transportation officials. Thankfully, no injuries were reported and the plane only sustained minor damage. It is unclear as to whether the impact with the drone was accidental or if the drone was intentionally flown into the path of the aircraft.

This incident raises questions, particularly about the efforts being undertaken to prevent drones from impacting airplanes. These types of collisions could be negligent or intentional (i.e. a terrorist attack), but the results would be the same. Given the potential catastrophic consequences, measures must be undertaken for the detection and prevention of drones from entering commercial airspace. The failure to take necessary actions to prevent a tragic accident in the future could very well serve as the grounds for a negligence and/or wrongful death lawsuit.

If you or a loved one have been injured or killed as a result of the negligence of another, Queller, Fisher, Washor, Fuchs & Kool will give you a free consultation to see if you have grounds for a lawsuit. To see if compensation is available to you, call 212-406-1700 or fill out our case review form.

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The news recently has been filled with stories of the actions of famous movie producer, Harvey Weinstein. Various women accuse him of sexual harassment and assault claiming unwanted sexual advances and his use of the notorious “casting couch.” According to various news reports, including People Magazine, numerous movie stars have made such accusations and Mr. Weinstein has reached private financial settlements with several of them.

This brings up the legal question as to whether his company, The Weinstein Group, would potentially be liable for his actions depending upon the answers to multiple questions. It first must be determined if Mr. Weinstein’s action were undertaken pursuant to his role in the company. The Weinstein Group would not be liable for things he did, no matter how inappropriate, in his private life. In this case, evidence adduced thus far in the media suggests rather strongly that his sexual advances were undertaken with promises of acting positions and benefits. Thus, his actions would almost certainly be found to have been done in his official capacity within The Weinstein Group. Another consideration would be how much knowledge other people at The Weinstein Group had of his improper and illegal actions. This question can be a little tricky because Mr. Weinstein himself was a top executive at his studio. Certainly, it could be argued, that he studio would be charged with knowledge of his mis-deeds as he himself had knowledge and his knowledge would be imputed to the studio. It must also be noted that private settlements were undertaken with at lest 8 actresses. It would certainly appear that someone at the studio must have known that Mr. Weinstein had been involved in such inappropriate behavior.

It has also been reported that several famous actresses who rebuffed Mr. Weinstein had their careers jeopardized due to their unwillingness to succumb to Mr. Weinstein’s advances. If proven, these actresses could be entitled to recover monetary damages under basic sexual harassment laws.

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Victims of negligence often ask if the defendants and their insurance companies have the right to follow them and videotape them in connection with personal injury lawsuits. They unquestionably do and it is imperative that plaintiffs in a personal injury lawsuit understand this and accept this as reality.

Personal injury lawsuits often resolve for significant sums of money. An insurance company who could potentially be responsible for paying a large sum of money will vigorously defend their client using all potential avenues of defense, including surveillance. While this may seem intrusive or "a dirty tactic" to the public, properly done surveillance helps weed out fraudulent claims and reduces the number of frivolous cases in the Court system. There are limits though. An insurance company cannot tap a phone or take video of someone through a window of that person’s home. Some basic privacy rights are retained.

The main thrust of any surveillance video is the potential to catch a plaintiff doing an activity that the plaintiff testified they can no longer do. The surveillance can also show the plaintiff acting in a way that is inconsistent with their claimed injuries and the medical records. It really comes down to an attempt to catch the plaintiff in a lie with direct video evidence. In New York, and most jurisdictions, a plaintiff who is not truthful faces an uphill battle as a jury will be allowed to consider that the plaintiff who lies about one thing may be lying about multiple things. Further, a plaintiff shown to be less than truthful immediately transforms from the "injured plaintiff" to the "lying plaintiff" in the eyes of many jurors. Jurors often are reluctant to award proper compensation to a plaintiff they deem to be less than honest.