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negligence

  • Auto Accidents

    Unsafe Drivers Remained on New York Roads After Racking Up Hundreds of School-Zone Speeding Tickets

    By Michael Barasch

    New York City’s worst speeders have gotten away with dangerous driving in school zones for years, without much more than the financial equivalent of a slap on the wrist. At the start of this year, 10 of the worst-offending vehicles registered in New York accumulated more than 1,000 tickets between them for school-zone speeding violations, […]

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  • Wrongful Death

    Epileptic Driver Faces Homicide Charges in 2015 Halloween Crash

    By Michael Barasch

    Generally speaking, a person with epilepsy cannot be found guilty or held civilly liable for injuries that occur while in the throes of a seizure. However, Howard Unger, 53, has been charged with three counts of second-degree manslaughter and criminally negligent homicide for the deaths of three people killed on Halloween 2015, when Mr. Unger […]

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  • Train Accidents

    Fatal Crash Revives Metro North Safety Concerns

    By Michael Barasch

    On Monday, February 1, 2016, a teenager was struck and killed by a Metro North train passing through the Bronx at about 3:30 p.m. According to News 12 Westchester, the victim was the second Fordham Prep high school student killed by a train in two weeks. The accident, which wreaked havoc on the evening commute, […]

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  • Personal Injury

    Lawsuit Against NY Yankees Tests Baseball’s Assumption of Risk Defense

    By Michael Barasch

    Thursday, August 25, 2011 was a rainy evening in the Bronx, and many fans at Yankee Stadium had their umbrellas out. While those umbrellas may have protected fans from the rain, they also obscured Andy Zlotnick’s view of home plate from his seat down the first base line. So, when Hideki Matsui ripped a line […]

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  • VerdictsMedical Malpractice

    Doc’s Delayed Treatment of Teen’s Collapsed Lung Garners $22M Jury Award

    By Dominique A. Penson

    One of the largest jury verdicts award in New York in 2014 came in the case of 16-year-old Carlos Buri, who, while in hospital care for pneumonia on May 29, 2009, suffered a collapsed lung and severe brain damage due to hypoxia. As a result, Carlos cannot walk or perform everyday tasks. He will never […]

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  • Medical Malpractice

    Claim against Quest Diagnostics for Misreading a tissue Sample Involves Medical Malpractice Not Ordinary Negligence

    By Dominique A. Penson

    An appeals court has held that a claim against Quest Diagnostics for misreading a pap smear tissue sample sounded in medical malpractice, not ordinary negligence.  The ruling, in Annuziata v. Quest Diagnostics, resulted in the dismissal of plaintiff’s case because it was not brought within the 2 ½ year time limitation applicable to a medical malpractice […]

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  • Workplace InjuryWrongful DeathPersonal Injury

    Bronx Frozen Ice King Dies in Workplace Accident

    By Michael Barasch

    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 […]

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  • Wrongful Death

    How Can Money Compensate for the Death of a Loved One?

    By Michael Barasch

    It goes without saying that no amount of monetary award can compensate for the loss of a loved one. However, money is the only thing our legal system can provide. It is hoped that money helps survivors to move forward with their lives after the devastation of an unexpected death due to the negligence of […]

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