Bronx Injury Lawyers BlogIn the context of civil litigation, often times the need arises to enter municipal records into evidence. For example, our firm recently represented a client in a medical malpractice action; as a result of the malpractice, the client required a home health aid for the remainder of her lifespan, a hefty amount of damages if sufficiently non-speculatively established at trial. While there are a number of ways the cost of the health aid could be established, such as by expert testimony by an economist; however, experts are expensive and any money spent proving the case at trial ultimately gets deducted from the client’s recovery in the form on disbursements. To preserve as much money as possible for the client, while still proving the case, a better route is needed – luckily the CPLR and the City of New York provide the better way – CPLR §4518(c) and the City’s own records.
Tragic Car Accident Involving Bruce Jenner Kills One Woman-Who’s at Fault?
Several days ago on February 7, 2015 reality star, Bruce Jenner, was involved in a devastating car accident which killed one of the drivers involved. Kim Howe, 69 years old, was killed after being hit in the rear by Bruce Jenner who was driving a Cadillac SUV on the Pacific Coast Highway. Just prior to being hit, Ms. Howe had struck the vehicle in front of her who was apparently stopped in a moving lane of traffic. After being hit by Jenner, Howe’s vehicle spun into oncoming traffic and was hit by an H2 hummer which is alleged to have delivered the fatal blow. The question still remains, who was at fault?
New Orleans Woman Trips and Falls in Macy’s, Does She Have a Meritorious Lawsuit?
Local Louisiana news outlets have been recently reporting stories about a woman in New Orleans who tripped and fell over a misplaced rug in a retail Macy’s store. The customer, Paunchier Bondojia, was injured as a result of the fall and has filed a lawsuit against the corporate retailer claiming that the rug created an unreasonable risk of harm and seeks compensation for her damages.
Knowing little about Ms. Bondojia’s civil claim, it is hard to evaluate whether or not she has a legitimate claim for damages. But this news article raises an interesting legal issue. I regularly am asked what constitutes a harmful tripping condition in a retail store and under what circumstances can a customer recover for personal injuries that were sustained as a result of tripping on the hazard.
Even Low Levels Of Lead Cause Cognitive Damage
Exposure to a lead-contaminated environment can cause injury to an infant even when the blood lead levels do not rise above the level defined as lead poisoning by the governmental agencies charged with setting the level that constitutes “poisoning.” Although, in 1991, the Centers for Disease Control (“CDC”) set a national action level for action on lead poisoning of 10 ug/dL, an approach followed by the New York City Department of Health (“DOH”), it left open the possibility that even lower levels of lead might be dangerous, saying:
Some studies have suggested harmful effects at even lower levels, but the body of information accumulated so far is not adequate for effects below about 10 ug/dL to be evaluated definitively.
Lead Level Can Have a Major Effect on an Infant’s Brain Development
Many parents with infant children living in urban areas of New York are unaware of how lead poisoning can effect the growth of their child. Elevated lead levels in an infant’s blood can cause serious problems in their brain development. Moreover, many parents who have children diagnosed with elevated lead levels are unaware of how this poisoning occurs. The following is a brief scientific overview of the common causes of lead poisoning and how it effects a developing infant.
The infant brain is undoubtedly sensitive to lead. The rapid of post-natal central nervous system development coincides with a time when infants are engaging in a high degree of hand-to-mouth activity. Thus, young children living in environments where there are lead hazards can ingest significant amounts of lead dust at a time when their brains are most sensitive to the toxicant’s effects.
Want To Get To Trial Quick? – Stack Your Preferences
Let’s face it, waiting for a case to progress to trial can at times feel like watching grass grow; the Civil Court system is not known for its speed in disposing cases, it can take years to get from index number to trial. Civil plaintiffs who seek to recover for an injury must wait and wait some more. Considering the need to promptly file in order to satisfy statute of limitations and perhaps notice of claim requirements to bring an action, pursuing a civil case in New York State Supreme Court can feel a lot like hurry up and wait. While the plaintiff is waiting for their day in Court, oftentimes they cannot work due to the injuries suffered that prompted the lawsuit; bills continue to add up, legal loans can help but the interest rates are less than friendly.
What’s a plaintiff to do? Injured, can’t work, don’t want a high interest loan; the plaintiff just wants their day in Court. What’s a plaintiff’s lawyer to do to help the client? The answer: seek special trial preference and if possible seek multiple preferences (a.k.a. stacking preferences).
Can a New York resident acquire personal jurisdiction in New York Federal District Court of a foreign municipality in a 1983 lawsuit?
Yes, The district court has personal jurisdiction over a foreign municipality. In deciding a pretrial motion to dismiss for lack of personal jurisdiction a district court has considerable procedural leeway. It may determine the motion on the basis of affidavits alone; or it may permit discovery in aid of the motion; or it may conduct an evidentiary hearing on the merits of the motion. If the court chooses not to conduct a full-blown evidentiary hearing on the motion, the plaintiff need make only a prima facie showing of jurisdiction through its own affidavits and supporting materials. Marine Midland Bank v. Miller, 664 F.2d 899, 904 (2d Cir. 1981) (internal citations omitted); see also New Moon Shipping Co. v. Man B & W Diesel AG, 121 F.3d 24, 29 (2d Cir. 1997).
Obtaining The Minutes Of Grand Jury Testimony, It’s a Steep Hill To Climb
In prosecuting a civil case seeking monetary compensation for police misconduct, it may be necessary to obtain a transcript of the grand jury testimony of the officer accused of misconduct; the testimony can be essential to proving the case and achieving compensation for the client.
For example, our firm represented a client who spent months in jail only to have the charges dismissed for insufficient evidence. A preliminary investigation by our firm revealed that the officer had likely falsified records including affidavits in support of search warrants, arrest reports, and a criminal complaint; in addition to having falsely testified before the grand jury.
Swallow Your Pride and Kiss Your Parole Officers Butt
Any law office with a vibrant criminal defense practice is aware of the benefits that can accrue to the parolee if the Parole Officer (“PO”) and the parolee have a good relationship. However, unfortunately criminal clients often do not take steps necessary to ensure a good working relationship – the result is often more work for the attorneys and more headaches for the parolee.
Hit In The Rear? It Could Still Be Your Fault!
SMASH, another motorist hits you in the rear; you didn’t even see it coming. Can this accident possibly be your fault? Can you be liable for the injuries sustained by the person or passengers of the car that hit you in the rear? One may think, NO WAY! I was hit in the rear – the other driver should have been watching where they were going, however, the law is rarely so simple. Many people would be surprised to know that just because you were hit in the rear by another motorist does not mean you were not at fault; you could still be potentially liable for the injuries sustained by the people in the car that hit you, and this fact doesn’t change even if your car was stopped at the time it was hit in the rear.