Monthly Archives: May 2015

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Cabbie tries to dodge wrongful death lawsuit on a technicality

An NYC cabbie who hit and killed an  9-year-old boy in an Upper West Side cross walk is trying to get his wrongful death lawsuit dismissed claiming he wasn’t properly served court papers. The tactic angered the parents of the boy who were outraged when the cabbie was only fined In January 2014,  Koffi Komlani was making a left-hand turn on 97th Street and West End Read More →

Watchdog groups says Texas law is the “Insurance Immunity Act.”

A bill in the Texas Senate is being called the Insurance Immunity Act by a consumer watchdog group, Texas Watch. They claim the proposed law would gut consumer protections against abuses by insurance companies. Without them, [consumer protections] policyholders – both commercial and individual – face abuse by big insurers without meaningful legal recourse. The group says that the law is an industry wish list. making extensive changes to Read More →

Bad Verizon customer service blamed in woman’s heart attack

A Virginia woman, 53-year-old Angela Hawkins claims the stress of dealing with  bad Verizon wireless customer service caused her to have a heart attack. She is suing Verizon Wireless for $2.35 million, claiming both negligent and intentional infliction of emotional distress. 53-year-old Angela Hawkins alleges in a lawsuit  the representative and her supervisor treated Hawkins rudely, threatened to have her arrested and said the supervisor accused her of Read More →

Construction Accidents in New York City: Why scaffolding law is needed

We’ve written before about how the insurance and construction industries are fighting to weaken  or repeal the scaffolding law which protects workers from falling and getting injured or dying. The law’s real name,  Labor Law 240 is intended to protect workers from the number one cause of injury and death in the construction injury, falls from scaffolding. Under the law, owners of constructions companies are required Read More →

Amtrak faces limited liability in crash

The first lawsuits have been filed in this week’s tragic Amtrak crash, but due to a $200 million cap on liability, it won’t be enough to pay all the victims. The crash killed eight people and injured 200. The cap applies to all railroad companies and if it is found Amtrak was a fault, there may not be enough money to compensate all the victims. In 1997, Read More →

Can nondisclosure clauses cause medical malpractice?

A study in the latest issue of JAMA Internal Medicine, claims that  nondisclosure provisions in medical malpractice claims, while protecting hospitals and physicians, can also lead to more medical mistakes. The study, Use of Nondisclosure Agreements in Medical Malpractice Settlements by a Large Academic Health Care System  found Although confidentiality provisions in agreements settling civil litigation are common through the U.S. their utility and propriety continue Read More →

City Council wants better oversight of construction sites

“People who are doing bad things are not being stopped. We want to make sure we’re doing a lot more of connecting the dots.”  That’s what Housing & Building Committee Chairman Jumaane Williams opined during a recent City Council hearing on worker safety in NYC. Williams was referring to  “bad actor” contractors. The Council pressed the Buildings Department to step up enforcement efforts to weed out the bad Read More →

Unusual defense in accident case: 1897

One fun thing to do is browse through the New York Times archives. Today we came across the interesting defense in a personal injury case from 1897. The Times reported on a trial where an ice company was being sued for an accident to  an 8 year-old girtl who lost her foot when a large block of ice fell on it. The ice company, National Read More →

NYC Afghan vet killed in elevator fall was afraid of ‘sketchy’ construction job

The Daily News has an exclusive about the construction worker who died in a freak accident by falliong down an elevator shaft. The construction worker who fell 24 stories down an elevator shaft to his death Tuesday in a half-built Midtown luxury hotel was a decorated Air Force veteran who had dodged rocket fire in Afghanistan — but was more frightened by his new civilian Read More →

Motor vehicle related injuries leading cause of death for NYC kids

The Health Department  released its annual report detailing child injury deaths, today which found that between 2003 and 2012, motor vehicle-related injuries were the leading cause of injury death among NYC children aged 1 to 12 years. More than 100 kids died from a motor vehicle-related injury over this time period. Between 2003 and 2012, 438 children aged 1 to 12 years died from an injury-related Read More →