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Barasch McGarry Salzman & Penson PC
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Category Archives: Personal Injury

Children Face Greater Risk on Foot

In June, during her last week of kindergarten, a six-year-old girl and her mother were walking to school in Jackson Heights. They were almost to school and passing through a crosswalk when an off-duty police officer made a left turn and hit them. The young girl suffered six broken ribs, a broken pelvis and femur… Read More »

Bronx Frozen Ice King Dies in Workplace Accident

The owner of Delicioso Coco Helado, a beloved Bronx institution since the 1960s, was killed early in the morning on September 19 when he was crushed underneath a security gate. Surveillance footage shows Alfredo Thiebaud, 74, had already pressed a button to lower the gate and was attempting to dump garbage and make it back… Read More »

Recent Accident Draws Attention to Bike-Pedestrian Collisions

A 59-year-old woman is on life support after being hit by a bicycle in Central Park on September 18. According to police reports, the woman was walking in the crosswalk at a light-protected intersection near W. 63rd St. when the accident occurred, and she suffered severe head trauma. The cyclist remained at the scene of… Read More »

The Most Common Types of Bicycle Accidents

When people hear the phrase “bicycle accident” there is an instinctive association between bicycles and cars. Bicycle accidents may actually involve many different things — a cyclist may fall off their bike or run into a fixed object, for example — but accidents that are between cars and cyclists often take place at intersections. Some… Read More »

Recent Examples of Dog Bite Cases Show Difficulties Involved in Ensuing Legal Battles

Dog bite cases have a variety of challenges, both emotional and legal, that attorneys must navigate through to produce a successful result for their clients. Consider the following example: Vicente Pickett-Garcia was walking along a creek with a small group in Binghamton, New York when he was suddenly approached by a pit bull. The dog’s… Read More »

Court Revives Lawsuit Against Tobacco Companies After Death of Woman’s Mother

Kimberly Roden’s mother, Loretta, passed away in spring 2008, just four months after filing a personal injury lawsuit that claimed she was suffering from smoking. The lawsuit targeted companies including R.J. Reynolds Tobacco Co., Philip Morris USA Inc., Lorillard Tobacco Co. and Liggett Group LC. After Loretta died, the companies filed for a case dismissal,… Read More »

State Court of Appeals Rules Plaintiffs Not Required to Give Medical Reports in Lead-Based Paint Case

In the case of Hamilton v. Miller this summer, the New York Court of Appeals ruled that plaintiffs in the case did not have to produce medical reports that established causation for their conditions prior to medical exams by the defendants. This case centered on injuries suffered from the plaintiffs’ exposure to lead-based paint as… Read More »

Black Boxes: Airlines and Automobiles

The tragic mystery of Malaysia Airlines Flight MH370 focused attention on the limitations and abilities of airline flight recorders. This attention to airline recorders may be useful to the automotive industry. Automobile black boxes are less sophisticated than airline event data recorders (EDRs). Unlike automobile EDR’s, airline recorders log information throughout the flight. Even without… Read More »

Woman Injured in Elevator at Fenway Park

In May, the Red Sox lost to the Tigers — and a young woman lost a bright future when she was injured in an elevator accident at Fenway Park. On Friday, May 15, Elisabeth “Lizzy” Scotland graduated from the Boston University School of Management. She ended her day in the hospital after an accident almost… Read More »

Pediatric Prescription of Codeine Presents a Danger

Despite the danger, American physicians continue to prescribe codeine to pediatric patients. Codeine is a well-known drug without a clinically-supported use for children. Prescribed for aches and coughs, codeine can cause potentially fatal injury in some young patients. When ingested, the human body metabolizes codeine into a morphine-like substance. Because of the variable rate at… Read More »