Hit and Run

Published on: November 10, 2012

The plaintiffs agreed that there is a necessity for regulation of the tow car industry

by Stephen Bilkis

In this case, the Court ruled that Section 12.0 of Ordinance No. 40 of the Town of Hempstead entitled “Operation of Tow Cars” is valid and constitutional.

The plaintiffs are in the tow car business and are licensed tow car operators in the Town of Hempstead in Nassau. The Plaintiff is seeking to declare certain sections of Ordinance No. 40 of the Town of Hempstead entitled ‘Operation of Tow Cars’ unconstitutional and void and to enjoin any action and enforcement thereunder.

The plaintiffs agreed that there is a necessity for regulation of the tow car industry. They contend, however, that section 12.0 is prohibitory, not regulatory, and therefore unconstitutional.

Published on: October 17, 2012

The orthopedist also affirmed that the woman is partially disabled

by Stephen Bilkis

A complainant woman commenced an action for her claimed of personal injuries resulting from a motor vehicle accident.

According to the woman’s statement, after the car accident the police responded to the scene but an ambulance did not arrive. The Queens woman then exited her vehicle unassisted, without any pain in any part of her body and was capable of driving her vehicle from the scene to her workplace. The woman testified that she first sought medical attention when she felt some pain in her lower back and headaches. X-ray examinations were taken and chiropractic treatment was rendered by a physician. She further testified that she was treated by the same physician regularly until the winter and eventually discontinued the treatment. Thereafter, she received physical therapy two or three times per week for a few months. She also testified that she visited an orthopedist on three or four occasions.

The woman no longer receives medical treatment for injuries allegedly sustained as a result of the accident, nor does have any future medical appointments scheduled. She testified that she was confined to her bed for one day as a result of the accident and missed less than one week of work. The court notes that the testimony contradicts the woman’s bill of particulars.

Published on: October 10, 2012

Locustwood

by Stephen Bilkis

This involves a case where the court ruled that plaintiff did not sustain a “serious injury” contemplated under New York State Insurance Law § 5102(d).

A car accident occurred on January 30, 2008, at approximately 8:15 a.m., at or near the intersection of Hempstead Turnpike and Locustwood Boulevard, Elmont, Nassau County, Long Island. The accident involved a 2005 Suzuki Verona four-door sedan owned and operated by defendant. On that date, at that time, it was raining out and plaintiff, who is four feet ten inches tall, was holding an umbrella standing on the southwest corner of the aforementioned intersection waiting for the pedestrian light to change from red to green so she could cross Hempstead Turnpike. Plaintiff claimed that she looked before crossing and did not see any vehicles on Locustwood Boulevard making a turn onto Hempstead Turnpike. Plaintiff further claimed that, as she was crossing Hempstead Turnpike, she was struck in the rear, specifically her lower back, by the front of defendant’s vehicle. As a result of the impact, plaintiff was thrown to the side. Plaintiff commenced an action by the filing a Verified Complaint for spinal injuries sustained.

Defendant argued that plaintiff already crossed in front of her, but then due to wind catching her umbrella, plaintiff walked backwards into the defendants vehicle. Plaintiff denied that the wind turned her umbrella inside out. Clearly, the parties give conflicting testimony with regard to how the accident occurred and plaintiff is not entitled to summary judgment.

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: October 1, 2012

On this appeal the employer contends that claimant’s disability is causally

by Stephen Bilkis

Claimant, employed as a policeman by the Nassau County Police Department, was accidently shot in the abdomen on November 8, 1953 as he was removing a shotgun from a police car. Compensation in the form of reimbursement to the employer was paid for intermittent periods of lost time, and the case was closed upon finding of no further disability. On November 1, 1962 claimant was in an automobile accident while on police duty and sustained injuries to his neck and back. Compensation in the 1962 case was paid for several weeks, and the case was eventually closed pending the outcome of a third-party action which was later settled without the consent of the employer. Thereafter, claimant was relieved of all police duties and went on sick leave and performed no work thereafter.

A Lawyer said that, Dr. Masoff, claimant’s physician, reported to the employer that he had examined claimant, that claimant had pain in his right side for about four months with no relief; and that claimant had pain in his right side radiating to his lower back and down his life lower extremity, and requested authorization by the employer to hospitalize claimant for x-rays and further treatment. Upon a C–4 medical reports by Dr. Masoff filed which indicated recurrent back pain necessitating x-rays and hospitalization, the Workmen’s Compensation Board on reopened the 1953 case upon the report of changed condition and directed that the Special Fund be placed on notice.

A Nassau Personal Injury Lawyer said that, claimant was admitted to the Smithtown General Hospital and placed in pelvic traction and bed rest. After consultation with Dr. Levitan and Dr. Stein, an operative procedure was done by Dr. Levitan and Dr. Stein to probe the 1953 shotgun wound. Claimant was fitted with a Knight Spinal Brace and was discharged from the hospital on August 17, 1965.

Published on: September 15, 2012

On November 6, 2009, at around 11:30am, a car had stopped at a red light at the corner of 86th

by Stephen Bilkis

On November 6, 2009, at around 11:30am, a car had stopped at a red light at the corner of 86th Street and 7th Avenue in Brooklyn. The car had stopped for around ten seconds when it was hit from the rear end by a van owned by a private company and driven by one of its employees. As a result of the rear-end collision, the driver of the car sustained a shoulder injury which had to be surgically repaired twice.

The defendant in his deposition claimed that it was raining on that day and hour when the car accident occurred. He also claims that the car accident was not really a rear-end collision but that the van tried to swerve to avoid hitting the car in front of him. He claims to have succeeded in that only the end of the van’s bumper hit the end of the car’s bumper. The defendant also claims that the car stopped abruptly in front of him which made it impossible for him to stop in time and avoid hitting the car in front of him.

These allegations of the defendant in his examination before trial were never made part of the police report accomplished by the police officers who responded at the car accident scene. These allegations were also never contained in the report filed by the employee when he explained the accident to his employer. The car owner points out that the police report clearly showed that the van hit the car squarely in the rear.

Published on: September 3, 2012

This action arises from a motor vehicle accident

by Stephen Bilkis

This action arises from a motor vehicle accident which occurred at or near the intersection of Hempstead Turnpike and Lincoln Road, Franklin Square, County of Nassau, State of New York. The accident involved two vehicles, a 1998 Mercedes Benz owned and operated by plaintiff and a 1994 Ford Pick-Up Truck owned and operated by defendant. Plaintiff commenced the action by the filing and service of a Summons and Verified complaint for damages.

A Lawyer said that, it is plaintiff’s contention that at the time of the car accident his vehicle was stopped at a red light on Hempstead Turnpike, and had been so for approximately ten seconds, when it was violently struck in the rear by defendant’s vehicle. In his Affidavit in Support of his motion, plaintiff states, there is nothing to my knowledge and belief that I could have done to avoid this truck accident. My actions of obeying the New York State Vehicle and Traffic Laws were obviously no factor in causing this accident. Based upon Defendant’s conduct and the physical objective facts, it is clear that the Defendant’s negligence was the sole cause of this truck accident and that the Defendant’s conduct fell well below the standard of reasonable care that one should employ and utilize when operating a motor vehicle within the State of New York.

Plaintiff moves, pursuant to CPLR § 3212, for an order granting partial summary judgment against defendant on the issue of liability upon the ground that there are no triable issues of fact and that, as a matter of law, plaintiff is entitled to such judgment; and, upon granting summary judgment, for an order setting this matter down for an assessment of damages. Defendant opposes the motion.

Published on: August 27, 2012

The defendants claim that there is no objective medical evidence

by Stephen Bilkis

A man was involved in a car accident in 2002 and he sustained injury in his shoulders, neck and back. According to an MRI report his spinal injury involved bulging discs that impinged his spinal canal. He received treatment and therapy for his injury and he also received compensation for the spinal injury he sustained when he missed work for the days of his confinement until he recovered from his injury.

In 2008, the man figured in another motor vehicle accident. He filed a suit for damages from a personal injury he sustained when he injured his back, shoulders and neck. He claims that he is in constant pain; he has lost strength in his arms; he has lost the full range of motion in his back and neck; and cannot perform his regular daily tasks and perform his regular work.

The man sued the defendants who were owners of the motor vehicle that figured in the accident as well as their insurer. He claims that he sustained serious injury for which he demands compensation under the Insurance Law.

Published on: August 22, 2012

At the time of the accident, claimant was 53 years old

by Stephen Bilkis

At the time of the car accident, claimant was 53 years old, with a medical history that included a heart attack, and treatment of high blood pressure. As she was driving at or near highway speed with two of her grandchildren in the back seat, a chunk of concrete measuring approximately 9″ x 12″ x 6″ hit the front hood of her car, penetrated the windshield, hit the steering wheel, and then struck claimant on the left side of her forehead, rendering her unconscious. Claimant’s car drifted off the right side of the roadway, eventually striking a tree beyond the right shoulder of the roadway and coming to rest. At the time of the accident, claimant was wearing a lap belt with a shoulder harness seatbelt.

Claimant regained consciousness while she was still in her car. Her first memory after the accident is of regaining consciousness while lying halfway on her back, seeing a large hole in the windshield, reaching for a tissue because there was blood in her eye, and realizing that she was being attended to by another person. Claimant inquired many times about the safety of her grandchildren before again losing consciousness. Thereafter, claimant was brought in the emergency room at Albany Medical Center (AMC).

A source said that, claimant was admitted to AMC, and was treated by neurosurgeon Dr. John Waldman. Initial CT scans of claimant’s skull taken the day of the accident indicated that she had suffered numerous skull fractures in the area of her left eye socket involving the forehead bone behind her left eyebrow, the bones of the outer upper part of the eye socket, the roof of the eye socket, and the upper part of the eye socket near the temple, as well as fractures of the bones along the left side of her sinuses behind her nose. In addition, the initial CT scans indicated a small epidural hematoma (i.e. a blood clot between her skull and the dura, the fibrous material that covers and protects the brain), a traumatic subarachnoid hemorrhage (blood in the fluid between the brain and the dura), and bloody fluid in the ethmoid sinus. The CT scans also revealed pneumocephalus (air inside the skull cavity), indicating that the dura may have been torn at the time of the head injury. The CT scans also indicated that claimant had sustained trauma in the area of the skull where the olfactory nerve (the nerve that senses odors) is located. In addition, claimant had a deep laceration of approximately two inches on her forehead above her left eyebrow.

Published on: August 11, 2012

This is a case involving a car accident and personal injury claims

by Stephen Bilkis

According to reports received by a New York Car Accident Lawyer, this is a case involving a car accident and personal injury claims. Carlos Roldan and Carmen Torres filed a case against the County of Suffolk police Department. According to their testimony, on January 21, 2004 at about 2:30 in the afternoon, Roldan and Torres from Nassau County were passengers on a vehicle owned and driven by Jose Lopez-Nieves. They were driving along Washington Avenue and Express Drive South. They stopped at a red light at the intersection when the accident happened.

Roldan testified that while their vehicle was at stop along the intersection of Washington Avenue and Express Drive South, they were hit by an oncoming police car owned by Suffolk County Police Department and driven by Theresa Brondtman. It was after found out that the Police Car was also involved in a collision with another vehicle operated by Joseph G. Sorgie, Jr. and owned by Laura A. Sorgie.

Still according to the report, Suffolk County Police Department argued that Brondtman was operating the police car under official duty and was on her way to respond to a distress call. She further told the court that when she received the police radio call about a stabbing on Fifth Avenue, she turned on the siren and full lights and proceeded to the scene of the crime. Upon reaching Washington Avenue, Brondtman slowed down and observed the oncoming traffic. She proceeded when she established that at the moment, one part of the street was one-way-traffic. She drove no more than 20 miles per hour when suddenly a vehicle collided with Brondtman sending her spinning about 180 degrees before finally colliding with the white van where Roldan was a passenger. After the accidents, Brondtman stayed inside her vehicle and called for backup.