New York City

Published on: August 19, 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 witness 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: 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 5, 2012

Kevin Mitchell, a New York Resident rented a 2000 Dodge Durango

by Stephen Bilkis

Kevin Mitchell, a New York Resident rented a 2000 Dodge Durango from Budget-Rent-A-Car in Hartford, Connecticut on May 26, 2000. Budget-Rent-A-Car is a Delaware company where the main offices are in Illinois. The vehicle is registered in Connecticut under Team Fleet Financing Corporation, which is also a Delaware company with the main offices in Illinois. The following day Mr. Mitchell was driving the car on Route I-81 in Ryan Township, Pennsylvania with Tahani Roper, Tracy Brown and Thais Mitchell as passengers. A witness said in an attempt to over-take another vehicle, the car swerved of the road, hit a guardrail and went down an embankment. The vehicle flipped multiple times, which caused some of the passengers to be thrown out of the vehicle. Tahani Roper, an infant died instantly. Tracy Brown, the baby’s mother, and Thais Mitchell claim to have been seriously injured.

After the accident, Tracy Brown and Thais Mitchell filed a case in the New York Supreme Court against Kevin Mitchell, Budget-Rent-A-Car and Team Fleet Financing Corporation. Thais Mitchell appeared for himself and Tahani Roper, the baby who died. As for the defendants, their allegation was that Budget-Rent-A-Car and Team Fleet Financing Corporation were also liable for the careless driving of Mr. Mitchell.

Under the New York law, there is an explicit liability that is given to the vehicle owners for the negligence of driver’s who are using the vehicle with the owner’s permission. It does not matter if the accident occurs outside New York according to a Lawyer. With this in mind, you would think that Budget-Rent-A-Car and Team Fleet Financing Corporation are accountable for the accident.

Published on: July 27, 2012

Recent SUV Rollover Accident Claims Life of Composer’s Brother

by Stephen Bilkis

During a recent musical tour the brother of Aasdesh Shrivastava, a famous composer, was killed when there was a crash during a convoy as the tour moved between cities. The brother was working as a manager for a renowned Pakistani singer. The brother was riding a vehicle directly behind the performer’s the when the incident took place. The headline singer escaped unharmed.

While the group traveled between events, the driver of the lead vehicle an SUV, lost control of the vehicle and rolled the car several times. SUVs tend to be top heavy and are more prone to toppling over or rolling than smaller cars which are lower to the ground, explains an expert .

It is unknown, pending further investigation by the police, what caused the driver to be distracted at that moment. Unfortunately, when driving an SUV, a momentary distraction that causes a vehicle to go off course followed by a sudden correction when the driver realizes their error can often lead to these types of accidents.

Published on: July 23, 2012

In an almost movie-like event Angela I. Jansen was injured

by Stephen Bilkis

In an almost movie-like event Angela I. Jansen was injured because her vehicle was hit by the car of a fleeing suspect. What happened was, in February 14, at around 10:45 in the evening, Trooper James E. Maring of the New York State Police received a radioed message that a Buick had been stolen. Trooper Maring proceeded to the street where it was reported as stolen and watched out for the automobile. He sighted it with a male driver and proceeded to pursue it. He radioed in order to confirm if it was the stolen vehicle, and it was. A witness said that from the information he got about the car chase the driver headed south while being trailed by the police. At some point, Trooper Richard C. Peck who was in the process of filling up his police car with gas noticed the Buick being followed by a police vehicle. He joined Trooper Maring in the pursuit. A third officer joined the chase before they reached the intersection where Mrs. Jansen’s car was hit. He was identified as Trooper McLaughlin.

The police officers had established a plan to box in the suspect. To do this one of them had to overtake the Buick. They were going more than 50 mph so that one of them can be in front of the pursued car. According to Mrs. Jensen, she stopped at the intersection because she had to turn left on Bailey road that intersects with Route 11 where the police was chasing the Buick. Before she had the chance to turn, a cop said, she already noticed the police lights. She just stayed where she was. The Buick hit their car in turning and the impact caused Mrs. Jensen to hit various parts of the car that had injured her. She had to undergo medical treatment for them.

A Lawyer found out that Mr. Gunter Jansen and Mrs. Jansen filed a case against the State of New York with the alleged negligence of the police officers with the pursuit. In the investigation, it was found that the police cars did not hit Mrs. Jansen’s car directly. The courts in New York City and Westchester though looked at the event as it progressed. The court determined that the police officers had the chance to shoot the tires of the Buick that would have slowed it down at least.

Published on: July 12, 2012

Girl Returns Home after Several Month in Hospital

by Stephen Bilkis

Two months ago, a teenager was involved in a car accident when a drunk driver plowed into her family’s car while they were on their way home from church. The girl’s father and sister, who were also in the car at the time of the accident, sustained relatively minor injuries, reports a witness. The girl head went through the roof of the car which caused major head trauma and damage to both of her eyes.

Initially the girl from NYC was in critical condition as the accident lead to fluid building up around her brain. She also had to have surgeries on both of her eyes. After the swelling went down, the girl went through many months of intense physical therapy.

The family has been grateful for all the support of the community. Several local restaurants held fundraisers for the family. These fundraisers have been extremely helpful since both parents have been out of work since the accident, and the family does not have health insurance.

Published on: June 18, 2012

Teen Dies After High Speed Chase

by Stephen Bilkis

Three teenagers were in a speeding vehicle which was the instigator in a recent car accident. The three passengers were in high school at the time. It was the younger of the two boys who was killed as the car the boys were driving collided with an SUV. The police have formally charged the boy who was driving at the time of the accident; although more charges may be forthcoming, reports a witness, as the police continue to investigate the event.

The three teenagers were out driving and had just filled up the car at the time of the accident. The older boy’s girlfriend was pregnant at the time of the car accident accident. The young man was probably dealing with the many emotions that surround impending fatherhood when he was recklessly drove the vehicle through the college town that both boys called home.

It has been alleged that the boys had put gasoline into their vehicle and then driven off without paying for the gas. The car was traveling at approximately 90 miles per hour at the time the car smashed into the SUV. The car had been driving somewhat suspiciously when a police car spotted them and began to follow the car. When the driver decided to accelerate to such dangerous speeds was immediately after the police officer attempted to pull over the vehicle.

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 3, 2012

Tragic Accident Kills Teenage Girl

by Stephen Bilkis

A very popular teenage student has lost her life in a single car accident. A reporter has obtained a copy of the police report. The report shows that the accident happened just before 8:00 AM close to 12800 Paige Bayou Road in Vancleve.

The teenage girl was killed just a week before she was due to graduate. She was a very clever student and was thought to receive good marks in her final exams explains a teacher.

The coroner’s report shows that the girl died from trauma and injuries sustained during the accident. The reporter explains that the very best treatments were provided to try and save her life, but unfortunately it was not possible.

Published on: May 31, 2012

Recent Injury to Young Football Player

by Stephen Bilkis

A young man was recently involved in a single car accident as he ran into a retaining wall around a single family residence. The young man, who is still in high school, received numerous injuries in the accident; he had had his driver’s license for less than two years at the time of the accident.

The young man, who has played football on the varsity team, received burns of the majority of his body. This will mostly likely keep him from participating in the fall season; burns can take several months to heal depending on the severity of the burns. In this case, the driver, who was alone in the car at the time of the incident, was able to survive the crash because witnesses helped him escape from the vehicle as it was engulfed in flames.

It is unknown what distracted the driver and caused him to crash into the wall in the first place. There was no sign that the boy tried to stop the car as he went off the road. Preliminary reports had not determined what speed the car was traveling when the accident occurred, only that the car was going fast enough to cause the fire.