Long Island

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 8, 2012

The said car was a red Chevrolet

by Stephen Bilkis

According to reports that reached a lawyer this is a case about two intoxicated males from Manhattan who are driving a vehicle despite of being under the influence of alcohol. The said car was a red Chevrolet which was allegedly parked while the driver went out to get something from a store while the other male companion stayed inside the car. The incident happened at about 7 o’clock in the evening of October 2, 1971.

The two people involved in the said car accident were Wenceslao, who was the driver and Marzulli, the passenger who allegedly made the vehicle move while parked in front of a store. According to the story, Wenceslao parked the red Chevrolet in front of the store to grab something. While parked, Marzulli stayed inside the vehicle and waited for Wenceslao. Based on accounts that reached a source, Marzulli was seen trying to get to the driver’s side of the vehicle. He was seen somewhere in the middle of the passenger side of the car when it began moving backwards. It was also accounted that at that time, there was no engine being started was heard in the vicinity. It was also noted that the street was levelled enough for a car or any vehicle to stay parked at any given time. The car began moving until it hit another car which was parked a few feet away from where the red Chevrolet was originally parked. Wenceslao immediately came out of the store just in time to see the accident happened. He apparently ran to his car and confronted Marzulli on what happened. After the brief exchange of words between the two men, Marzulli went back to the passenger’s seat and Wenceslao got on the Chevy and drove off, leaving the scene of the accident.

Meanwhile, Police Officer Mulvihill was in the area and saw everything that happened. He then followed the red Chevrolet driven by Wenceslao and stopped the men three blocks away from the scene of the accident. The men were taken to the station and were charged with leaving the scene of an accident wilfully. Marzulli testified that we was indeed intoxicated at that time but claimed he did nothing to make the car move while it was parked. He said that he tried to stop the car, stepping on the accelerator instead of the break in the process, after he felt that it started to move by its own. But his claims were contradicted by the police officer as well as by Wenceslao. It was fortunate, according to a Personal Injury attorney that nobody was injured in the said incident.

Published on: July 10, 2012

Local Teacher Killed in Car Accident

by Stephen Bilkis

A local woman from Manhattan was killed last weekend after her car went off the side of the road and struck a light pole. After the woman’s car hit the pole, the vehicle then flipped over. The driver was then throw part way through the window of the vehicle, explains a witness. The police report did not state whether or not the woman was wearing her seatbelt at the time of the car accident. The woman was dead by the time that rescue crews arrived on the scene.

At this point it was unknown what caused the woman’s vehicles to leave the road while traveling at such high speeds. Police did not immediately suspect alcohol as a factor in the incident. There are many other possible distractions that might have caused the erratic driving, says a reporter.

The woman, who was in her mid-twenties, was a much loved local school teacher. Her students spent the last few days sharing their memories of her and writing remembrances. The school had some grief counselors available for students to talk so that they could sort out their feelings.

Published on: June 23, 2012

DUI Sentencing In Car Accident Case

by Stephen Bilkis

A recent college graduate was sentenced for vehicular homicide last week. The man, the first in his family to graduate from college, was convicted in killing another student near the university they both attended. The young man was driving while intoxicated at the time of the accident, reports a station. The man had pled guilty to the charges against him.

The accident happened near an area not far from campus where many students hung out and went to bars. At the time of the accident it was raining and visibility was limited. The girl who was killed was walking along the side of the road at the time she was hit; the sidewalk was closed for construction. The combination of the girl being in the road, the limited visibility and the driver’s impaired condition all factored into the car accident.

The young woman was about to graduate with her bachelor’s degree and already had an internship set up in her chosen field; she was one course away from graduation. She did not die at immediately; she was sent to a nearby hospital for treatment and died later from her injuries.

Published on: June 20, 2012

Thirteen people died in a car accident

by Stephen Bilkis

Thirteen people died in a car accident when a farm vehicle transporting field laborers crashed into a truck that was pulling a trailer. The farm vehicle, a conversion van which was over 15 years old, had not been properly inspected for several years, states a N York Car Accident Lawyer. The van crumpled upon impact leaving only two of the fifteen people in the car alive; the two survivors suffered severe injuries as a result of the collision.

The driver had a history of mostly minor traffic violations. The majority of which were moving violations although he was charged with driving while intoxicated several years before the accident. He was driving without a license at the time of the injuries. Although unknown with certainty at the time of this accident, it is suspected that many of the victims in this accident were not United States citizens.

All of the people in the van were not wearing seatbelts at the time of the accident. Although in general passengers in vehicles are required to wear seatbelts, the law in Long Island does not apply to farm vehicles which are subject to less stringent safety regulations.

Published on: May 24, 2012

Paralyzed Student Walks at Graduation Ceremony

by Stephen Bilkis

A very clever and popular straight A student was paralyzed in a car accidentfour years ago, says a doctor. This accident completely changed his life and introduced lots of new challenges that he would have to deal with.

He was an active student and enjoyed sports. The car accident completely turned his world on its head. He always dreamed of the day that he would be able to walk again, but the chances of that happening looked very unrealistic.

A straight-A student who was paralysed after a road accident four years ago has used his university graduation ceremony to show the world he can walk again.

Published on: May 13, 2012

23 Year Old Man Killed in Car Accident

by Stephen Bilkis

A young man from Lumberton was killed on Saturday morning. The accident involved a single car on Route 206 and happened during the early hours of Saturday morning.

The 23 year old driver was declared dead at the scene. He died of his injuries before the emergency services could arrive, explains a Lawyer. The man was pronounced dead at 1:52 AM according to the contents of a police report.

The man was driving on the southbound carriageway of Route 206. Other drivers said that he wasn’t able to negotiate his car around a corner. This caused his Ford Fusion to come off the road and flip over. The car slammed into a utility pole which caused extensive damage to the car.

Published on: May 8, 2012

Woman Charged with DWI after Causing Accident

by Stephen Bilkis

A woman from Pearl River has been charged with driving under the influence of alcohol and failing to stop and report an accident. The driver was part of a car accident which involved two cars.

The 39 year old woman was arrested after fleeing the scene of the accident. She was found inside her vehicle at Cottage Lane. The car had significant damage to the front and was unable to move.

The lady is alleged to of driven her car along Route 303 in a southbound direction. When she turned into a side road the car struck another car driven by a 68 year old man. The observer indicated that nobody was seriously injured in the accident.

Published on: May 3, 2012

Car Accident Injures Driver

by Stephen Bilkis

A well-known and popular sports personality was injured as a result of a car accident in Louisiana. He is currently receiving medical treatment in a local hospital.

The policeman has managed to obtain a report from the sports players’ agent. He said that the running back is recovering and did not suffer any serious injuries. This means that he is expected to be able to return to play sports again in the near future. The player is on the reserve list and is expected to be an important player in the future. It’s likely that he will stay in hospital for the next couple of days explains the car accident attorney.

The injuries are not thought to be very serious. Although he requires medical attention in a hospital, they will not affect his career or life in any way. Friends of the football player said that he is a strong willed character and that he will recover very quickly. His friends and family are grateful that he is ok and that he has a chance of recovery. He is getting better every day.

Published on: April 29, 2012

Teenager from Jackson Dies in Car Crash

by Stephen Bilkis

Another teenager from Jackson has been killed after being involved in a serious car crash. The accident involved two vehicles. Several other teens have recently lost their lives in similar circumstances. This accident has also injured two other teens and another driver.

The teenager that died was 17 years old. The deceased, and two other injured teens were all from Jackson Memorial High School and were keen members of the baseball team. These were all inside a 2004 Lincoln when the car was involved in an accident with a Ford Escape.

According to a police report which has been obtained by the Lawyer, the accident happened at around 8:45 PM on Friday.