Bronx

Published on: October 19, 2012

The action for damages stems from personal injuries

by Stephen Bilkis

The action for damages stems from personal injuries allegedly sustained by the plaintiff as a result of an automobile accidentoccurred at westbound Jericho Turnpike approximately fifty (50) feet east of Wellington Road, in the County of Nassau, Town of North Hempstead, New York. The accident involved two vehicles, a 2004 Honda operated by plaintiff and a 2004 Jeep owned and operated by defendant.

A Lawyer said that, at the time of the accident, plaintiff’s vehicle was traveling westbound on Jericho Turnpike. Defendant’s vehicle was also traveling westbound on Jericho Turnpike. Plaintiff contends that her vehicle was stopped in traffic in the left lane on Jericho Turnpike when the defendant’s vehicle struck her from behind, pushing her car forward approximately one car length. Plaintiff further contends that, as a result of the heavy impact, her body was caused to move forward and backward in her vehicle and said impact caused her neck and back to strike the headrest and seat. As a result of the collision, plaintiff claims that she sustained the following injuries:

Posterior disc bulges at C3-C4, C-4-C-5 and C6-C7 impinging on the anterior aspect of the spinal canal; Small joint effusion of the left knee; Menisci and ligament/ right knee; Posterior disc herniations at the L5-S1 impinging on the anterior aspect of the spinal canal and abutting the nerve roots bilaterally; Decreased range of motion of the cervical and lumbar spine; Decreased range of motion of the left knee; Left knee pain/sprain; Cervicalgia; Lumbar disc herniation at L5-S1; Pain in the limbs; Neuropathy; Cervical sprain and strain; Lumbar sprain and strain; Lumbargo; Weakness in muscles.

Published on: October 3, 2012

The Court held that the lady driver of the Honda Civic

by Stephen Bilkis

A lady was driving a Honda Civic on September 17, 2007 on the Jericho Turnpike. She was parked in traffic waiting for the light to turn green when a Jeep hit her car from behind. The impact of the rear-end collision pushed her Honda Civic one car length away. Her Honda Civic struck the car in front of her.

The impact of the collision sent the lady driver of the Honda Civic in a lurching motion. She hit the steering wheel and was pulled back by gravity so that she hit her neck and back on the head rest. She claims that she twisted her neck and was in pain.

She claims that she sustained spinal injury in her cervical and lumbar spine. She claims to have discs that have been misaligned and resulted in swellings which brought about impingement of the nerves and great pain.

Published on: August 17, 2012

Choices of law cases are one of the most confusing scenarios

by Stephen Bilkis

Choices of law cases are one of the most confusing scenarios that in turn are capable of creating legal imperfections that even courts at times, find hard to fix. Our source claims that sometimes, the very law that was created to protect the innocent is also the same one that produces unlikely results to injured persons who otherwise should have been protected if not for the confusing nature of these kinds of laws. Although the country is divided into several states that have different policies on choices of law cases, they must deliver the fairest results in cases to protect all those who the most need coverage and defense. This next case is about conflicting laws of different states and how an innocent victim can get sidestepped because of confusion from conflicting laws.

In October 1964, three Michigan State University students decided to go on a trip in a Japanese sports car owned by Marcia Lopez. The sports car was a gift from his father and was registered and insured under her name in New York City. Susan Silk invited Marcia Lopez to visit her home in Michigan for the break when another passenger, Catharina Tooker, asked to hitch a ride with her classmates to visit some of her friends near the area where they were going. The three were taking academic courses in the university where they also stayed and lived in one dormitory. While driving in Michigan, Ms. Lopez lost control of the vehicle which caused it to overturn and killed her and Ms. Tooker. Ms. Silk sustained serious injuries from the car accident. Ms. Lopez and Ms. Tooker were both from New York. According to our sources, when an accident that involves persons of different domiciles, usually, the choice of law is determined by “lex loci delicti” or to apply the laws of the place wherever the tort happened.

The father of one of the injured passengers, Oliver Tooker, Plaintiff, moved for an action of wrongful death against the father of the driver, Myer Lopez, the Defendant in a New York City Court. The Defendant then insisted that he had no liability over the death of the other’s daughter by issuing the Michigan guest statute as an affirmative defense, or plainly, to prevent the Plaintiff from being entitled to claims. To be able to determine which law must be upheld, several cases were cited and used as reference to establish the choice-of-law, and whether it is fair to use the doctrine of “lex loci delicti”. Under these governing rules, it was clear that although the accident happened in Michigan, since the driver of the car and one of the passengers lived in New York, the laws of the State should be implemented. Under New York laws, the injured person, in this case the deceased, is entitled to claim damages from the deceased driver defendant, in this case as represented by her father from accidents arising from guest-host relationship, whereas the Michigan guest statute does not permit an injured guest for recovering damages from a host driver under normal circumstances. The driver will only be liable if he or she committed gross negligence and willful misconduct.

Published on: August 14, 2012

The cause of action is for personal injuries

by Stephen Bilkis

The cause of action is for personal injuries sustained by the plaintiff in a motor vehicle accident that occurred in front of 980 Madison Avenue in New York County when the taxi in which she was a passenger struck another vehicle. Plaintiff’s face came into contact with the divider between the rear seat and front seat inside the vehicle.

Defendants move for the dismissal of plaintiff’s compliant on the ground that she has not sustained a serious injury as defined under Insurance Law.

A Lawyer said, that the injuries alleged to have been sustained by the plaintiff as listed in her bill of particulars, include, a two centimeter laceration below her nose which has left a permanent scar, cervical strain, upper thoracic strain, headaches, “ADHD-like symptoms; generalized anxiety disorder; depression.” In support of their motion, defendants annex a copy of plaintiff’s deposition testimony. In addition, defendants submit the affirmed report of Robert D. Goldstein, M.D., a plastic and reconstructive surgeon who examined the plaintiff Dr. Goldstein reports shows that there is a 1.5 cm transversely oriented scar in the upper lip. This scar is of good cosmetic quality and does not show any evidence of hypertrophy or keloid formation.

Published on: July 30, 2012

English Car Crash Victim Awarded 3.6 Million Pounds

by Stephen Bilkis

A car accident victim from Birmingham in the United Kingdom, has been awarded 3.6 million pounds in damages, about $5.8 million in United States dollars, according to report.

The 39-year-old victim struck his head against the steering wheel of his car when another vehicle rear-ended him back in 2008, causing brain damage.

The victim’s attorney has said that such a large settlement was necessary, so the victim could live as normal a life has possible.

Published on: July 18, 2012

Young Man Hits Three Cars, One Police Vehicle

by Stephen Bilkis

A young man involved in a multiple car accidents in Brooklyn and The Bronx last weekend is being held in the county jail awaiting his arraignment. The man was arrested after being involved in three separate collisions and leaving the each accident scene, reports a source. One of the other vehicles involved in the accidents was driven by a police officer. The officer was hurt and had to receive care at a local hospital.

The man, who did not have a valid license, was driving a stolen vehicle at the time of the accident. Though the young man had received permission to drive the vehicle to the owner’s house, he refused to relinquish the vehicle as planned. The owner of the vehicle had reported the theft before the man was involved in the accidents.

All of the accidents occurred after the man had spent the evening drinking at a party. It is assumed that the man was still under the influence of alcohol while he was driving and the appropriate charges have been filed. The result of the man’s breathalyzer test was not available at the time of this article.

Published on: July 8, 2012

Patricia Bono, driving her vehicle was hit by Philip Rose

by Stephen Bilkis

Patricia Bono, driving her vehicle was hit by Philip Rose, who was driving his truck. This happened at the intersection of Boyle Road and Hawkins Road in the Town of Brookhaven. Mr. Rose’s truck hit the passenger side of the Ms. Bono’s vehicle. Around a week before July 16, 2007, Mr. Rose took his vehicle to Halben’s Tire City, Inc. because he was experiencing problems with his breaks. He left his vehicle there with the assurance that someone will call him to let him know what the problem was. At the time that he went back to get his truck, which was July 13, 2007, he was told that the vehicle needed more work done, and he would need to go back to have them do it. Mr. Rose said that when he took his vehicle, he was told that the breaks would be fine in the 2-3 days before he takes it back to them. He said that when he drove off it was okay. The second day after it a bit more difficult to break and on the third day of having the truck, which was the day of the car accident, he said that the break was failing. A reporter got hold of his testimony at his deposition that stated that he noticed he had problems stopping, but he eventually did prior to hitting Ms. Bono’s car.

A case was filed against Halben’s Tire City, Inc. also doing business as Theo’s Car Care Center. In the petition of Ms. Bono, she stated that Halben’s Tire City, Inc. was liable for her injuries because of their negligence. According to a witness, she alleged that their negligence showed in sending a dangerous vehicle on the rods without warning to the owner. They are saying that they violated their agreement with Mr. Rose as they did not fully repair the breaks of the vehicle.

There was no case filed against Mr. Rose because Ms. Bono has already settled her claim with Mr. Rose. The papers presented say that Mr. Rose gave $100,000, the full coverage of his insurance policy. This payment was the condition that released Mr. Rose from any other claims that may arise from the Brooklyn accident.

Published on: June 14, 2012

Nora White filed a case against Carlos A. Diaz

by Stephen Bilkis

Nora White filed a case against Carlos A. Diaz with Agramonte and Manuel A. Nunez with Atlantic Paratransit. This is in connection to the injuries that she alleges, she suffered in the collision of the vehicles driven by Mr. Diaz and Mr. Nunez. A reporter found out that Ms. White was a passenger in Mr. Nunez’s vehicle as a driver for Access-a-Ride. She just got in the vehicle and was trying to put on her seatbeltthat was stuck when Mr. Diaz’s van hit the Access-a-Ride’s vehicle’s rear. Mr. Diaz admitted that he had fallen asleep behind the wheel.

On the side of Mr. Nunez, he said that he was double parked when the van rear ended his vehicle. This was in front of Ms. White’s building as he was waiting for her. He said there were no spots at the curb, and he was not able to find the entrance to the building’s parking lot. In his testimony at the deposition, a witness said, he was allegedly only there for about five minutes with the hazard lights on before Ms. White arrived. This was different from the testimony of Ms. White, that she was standing at the building’s entrance waiting when the van arrived, and that she immediately got in.

A source explained why the defendants consist not only of the driver’s but the companies that owned the vehicles. In New York, a person or a company that has given authority to another for the use if their vehicle is liable for any negligence of the driver while driving their vehicle. This does not apply in all States, but it is the one that is applied in New York.

Published on: June 11, 2012

Alcohol caused Tragic Accident on Route 95

by Stephen Bilkis

Police have handed a report to a radio station stating that they suspect a fatal traffic accident was caused by alcohol. The driver of one of the cars involved in the crash was charged with a DUI offence.

According to the report, the crash occurred at around 10:40 PM yesterday. The police were very fast to respond to the traffic incident which involved two cars. The crash happened on Route 95 just to the south of Exit 32. One person was killed and a few other people were injured by the accident.

The police investigation has shown that the driver of a Pontiac Grand Am was being driven by a woman who is intoxicated. She was also carrying two passengers. The drunk driver turned left very quickly which caused her to cut up another vehicle. The other vehicle was being driven by a 20 year old female and there was a 19 year old passenger in the car. Due to the drunk driver swerving the other car hit into it.

Published on: June 6, 2012

On August 9, 2003, Elizabeth Jaynes was walking near or at the intersection of Station Road and Hampton Avenue in Bellport, New York.

by Stephen Bilkis

On August 9, 2003, Elizabeth Jaynes was walking near or at the intersection of Station Road and Hampton Avenue in Bellport, New York. This was around midnight. While trying to cross Station Road, she hit by a car being driven by Justine M. Wilkens. The vehicle which was owned by Steven P. Wilkens was going north on Station Road. Ms. Jaynes was thrown off onto the southbound lane. While lying on the road after the hit, she was struck by another vehicle, this time the one being driven by Joseph B. McPartland. This vehicle was leased by Joseph B. McPartland’s father, Michael E. McPartland from Chase Manhattan Automobile Finance Corporation.

Ms. Jaynes did not remember anything that happened in the accident. According to Ms. Wilkens, she has been a licensed driver for about a month before the accident happened. She said that she has driven in that road at least ten times before. In her statement, she also said that it was misting but the road was dry. She did not need the wind shield wipers, and her headlights were on. She further stated that the area was not well lit. She first saw Ms. Jaynes and the friend as they were stepping of the sidewalk. She said that she was travelling at thirty miles per hour. A Lawyer found out that in her sworn statement after the accident at the scene she said she was driving at about 35-40 miles per hour. The speed limit in that road is thirty miles per hour. She said that Ms. Jaynes and her companion were walking and Ms. Jaynes suddenly crossed her path while the other woman was on the untraveled path. She then hit her brakes but did not swerve of sound her horn. Ms. Jaynes hit the hood of the car and flew to the southbound lane of the road. She pulled over at the side of the road and tried to call 911 but she said her phone failed. Her friend Robert McGuiniss was driving behind her, and they were conversing when Ms. Jaynes was struck again. They saw a blue pick-up travelling south and there were no other vehicles in front of it.

Mr. McGuiniss testified that he learned of the car accident when he saw Ms. Wilkens brake and pull over on the side of the road. According to a witness, he said that he thought she hit a bag of garbage that flew over the car. He also said that he did not see Ms. Wilkens apply her brakes until after the intersection of Hampton Avenue. He said that after talking with Ms. Wilkens, he walked towards where Ms. Jaynes lain, but before he could get there was a blue pick-up that passed. He said that he had to jump back in order to avoid getting hit. In his statement, he also mentioned that there were no other vehicles that passed other than the pick-up. He said that the pick-up hit Ms. Jaynes with the driver’s side, the brakes were applied and the vehicle skidded over Ms. Jaynes.