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Barasch McGarry Salzman & Penson PC
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Category Archives: Personal Injury

Cyclist Hits Pedestrian, Then Flees the Scene

A bicyclist who plowed into a pedestrian on the Upper East Side was caught on film before quickly riding away from the scene. Video footage was obtained via a dash cam in the victim’s car, which showed the aftermath of a cyclist sideswiping the 67-year-old woman. The woman had reportedly parked her car and was… Read More »

Jaywalker Hit and Killed in Manhattan

Two separate vehicles struck two pedestrians in Upper Manhattan after the individuals reportedly jaywalked across 207th Street and 9th Avenue, leaving one seriously injured and the other dead. A 1999 Ford Explorer was the first to hit the two, sending the pedestrians flying into traffic. A second vehicle subsequently hit them. Both men were taken… Read More »

Arbitration Clauses are Commonplace and Usually Enforceable

Litigations can get tied up for years in the courts and are often expensive.  Arbitrations, in contrast, typically require much less time, and because the rules of evidence are often relaxed, end up costing less than trials.  In addition, corporate defendants would often prefer to have a case decided by professional arbitrators than a lay… Read More »

Report: 60 Percent of State’s Pedestrian Deaths in New York City

A recently released report shows that more than 60 percent of pedestrians who were struck and killed in traffic accidents in the state of New York were hit in the five boroughs of New York City. A total of 732 pedestrian fatalities occurred between the years of 2011 and 2013, according to the report from… Read More »

Serious Injury at a Mercedes-Benz Service Center

Sometimes, the very happening of an accident raises an inescapable inference that a defendant was negligent.  Just such a case recently came before a New York County court.  In Levin v. Mercedes-Benz Manhattan, the plaintiff was seriously injured at a Mercedes-Benz service center.  As he stood under a heavy overhead garage door, the door suddenly… Read More »

Some Car Accidents Cry Out Negligence

In the vast majority of personal-injury cases arising out of a car accident, the question of whether a given driver acted negligently must be decided at trial by a jury.  It cannot be decided before trial by a judge as a matter of law.  But, there are exceptions.  Some accidents speak so loudly to a… Read More »

Hotels Must Provide Adequate Security for their Guests

By Chaucer’s time, English common law recognized the responsibilities of innkeepers to their customers. The innkeeper was required, among other things, to provide food, lodging and a safe harbor for guests. These principles were carried across the Atlantic and, by and large, helped shape our own hotel keepers’ duties. In regard to security, a hotel… Read More »

SUV Hits and Kills Pedestrian in New York City

An SUV reportedly crashed into another vehicle and then plowed into a pedestrian after being thrust onto the curb. The recent accident occurred in Hell’s Kitchen where a southbound GMC Envoy collided with a similarly southbound Freightliner truck. The accident caused the SUV to jump the curb, striking a 56-year-old man from the Bronx. Emergency… Read More »

Cyclist Critically Injured After Collision with Bus

 A cyclist recently collided with a Metropolitan Transit Authority (MTA) bus, leaving him critically injured. The cyclist was reportedly riding at South 5th St. in Williamsburg when he struck the bus. He was taken to Bellevue Hospital and was listed in critical condition. Earlier this year, an MTA bus driver faced charges after hitting a… Read More »

Every Dog Gets One Free Bite

In a landmark decision covering two cases, Doerr v. Goldsmith, and Dobinski v. Lockhart, New York’s highest court reaffirmed the vitality of its prior decision in Bard v. Jahnke.  Bard established that in New York a domestic animal owner cannot be held liable on a theory of negligence for injuries caused to someone by a domestic animal, even a breeding… Read More »