Author Archives: Site Administrator
Orange County Woman Free on $100,000 Bail in Hit-And-Run Vehicular Manslaughter Case
Linda Ibrahim of Cornwall recently pled not guilty in an arraignment in Orange County court, where she is charged with several criminal offenses arising out of a hit and run that killed Eric Geter in New Windsor in January. The criminal charges include misdemeanor Driving While Intoxicated (DWI), as well as felony counts of… Read More »
Mild Traumatic Brain Injury, Not so Mild After All
Although Traumatic Brain Injury affects over 1 million people each year in the United States, it is generally ignored as a major health issue. The term “mild brain injury” can be misleading. The term “mild” is used in reference to the severity of the initial physical trauma that causes the injury. It does not… Read More »
Labor Law 240: How It Can Benefit You!
An owner and contractor of a construction site in New York maybe legally responsible for injuries suffered by a construction worker. New York, in comparison to other states, imposes statutory liability on owners and contractors for a wide array of accidents occurring on a construction site. Liability is imposed irrespective of whether an owner… Read More »
Third DWI Offense: What will happen to your license now?
Research shows that driving performance and reaction times are seriously affected by alcohol. If you drink and drive, you are not only a danger to yourself but also to your passenger, other road users, and pedestrians. In fact, every 30 minutes, someone in this country dies in alcohol related crashes. Every 30 minutes! And… Read More »
Driven to Distraction: Are you intoxicated?
Texting while driving is a serious danger not only to the driver but to others using the roadways. New York State now bans texting while driving. Governor Cuomo issued an administrative order that penalizes drivers with five points on their license if convicted of texting while operating a motor vehicle. It takes 11 points… Read More »
Court Rules on New York Firefighter’s Slip and Fall Injury During Training Exercise
In June 2009, a New York City firefighter injured his ankle in a slip and fall during a training exercise. The firefighter was using an experimental hose which he claimed had too much pressure, and a backup person was not present to provide stability. An additional factor leading to the slip and fall was… Read More »
Emergency Responders Liable for Negligence, But Only when Obeying the Law
New York Vehicle & Traffic Law section 1104 provides an exemption from liability for police, fire, ambulances and other emergency responders who cause a traffic accident while responding to an emergency. In such situations, emergency responders are only liable if they act with reckless disregard for the safety of others; they are not liable… Read More »
Brooklyn Premises Liability Lawsuit Survives Defendant's Motion for Summary Judgment
A recent decision in the Supreme Court, Kings County serves as a reminder of the facts which must be proven or refuted in a premises liability case, including when the property was last inspected before the personal injury accident occurred. In the latest phase of litigation that has been ongoing since 2009, the judge… Read More »
Manslaughter Conviction Upheld in Mount Hope Traffic Accident
The conviction of Patrick Asaro of Manslaughter in the Second Degree was upheld last week by the New York State Court of Appeals, despite the fact that the prosecution’s expert witness had lost his notes by the time of trial and could not replicate the conclusions he made in his report that the defendant… Read More »
Application of Scaffold Law to Ladder Fall Leads to Liability for Property Owner
In September, the Supreme Court, New York County, granted summary judgment to the plaintiff on the question of liability in the case of Declercq v. WWP Office, LLC. This means that the defendant building owner is being held liable as a matter of law, and the only issue at trial will be the amount… Read More »