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A contractor who owned a home improvement company obtained a contract to renovate a couple’s home. The man worked on the couple’s home: he was up on the roof supervising the repair of the roof when he slipped and fell. He hit his head and sustained a brain injury.

He filed a personal injury complaint against Workmen’s Compensation, against his own company and against the couple who owned the house he was renovating. In that personal injury case, trial was held to determine if the brain injury sustained by the contractor qualifies as a grave injury under the Workmen’s Compensation Law.

During the trial, the contractor adduced proof regarding the extent and nature of his brain injury. His medical experts testified that the contractor had cognitive dysfunction which permanently disabled him from doing any work. The insurance company provided its own expert who conducted a neuropsychological evaluation of the contractor. The expert of the insurance company found that the contractor’s brain injury was severe and traumatic such that he has lost the ability to make decisions required in daily life.

The contractor’s home improvement company was insured for Workmen’s Compensation by an insurance company. During the trial to determine the extent of the grave injury sustained by the contractor, the insurance company sent its lawyer who fully and knowingly participated in the trial even though it was not a party to the said personal injury action. The insurance company was allowed to propound questions to the witnesses presented during the trial. At the end of the trial, the court declared that the contractor suffered a grave brain injury. The contractor was then given an award of damages amounting to about $6,500,000.00 which the couple and the home improvement company immediately paid and settled. The home improvement company and the owners of the house then seek reimbursement or contribution from the insurer of the home improvement company.

The insurance company then filed a case where it seeks a judicial declaration that it is not bound by the findings during the personal injury proceedings that the contractor sustained a grave injury. The only question before the Court is whether or not the insurance company is not bound by the findings in the personal injury action that the contractor sustained a grave injury.

The Court held that in order for the insurance company to be held as bound by the findings in the personal injury case, there must be proof that it was a party to the personal injury case or at least privy with any of the parties in that case; the interests of the insurance company were represented during the trial; and the insurance company had a fair opportunity to fully participate in litigating the issue of the nature and extent of the contractor’s brain injury.

The extent and nature of the contractor’s brain injury were fully litigated in the personal injury action. Because the insurance company provided its own expert to examine the contractor, the insurance company is deemed to have been given a fair and full opportunity to be privy to the litigation. Because the insurance company was allowed to propound questions to the witnesses, it is inevitable to conclude that it was given the opportunity to litigate the issue.
For these reasons, the insurance company can no longer be allowed to re-litigate the issue of whether or not the contractor sustained a grave injury. This action for judicial declaration must be dismissed. The insurance company is estopped or barred from re-litigating this issue again.
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Most of the college aged students will do anything they can to make the roster so that they can play football. It’s such an important thing for many high school students to do. One student wanted it so badly that he died trying. Now, his family is blaming the NCAA. The family wants the NCAA to pay damages for tragically cutting his life short.

Early in 2010 the student collapsed as a result of an early morning workout. It’s thought that he collapsed because of over exerting himself when working out. Six hours after collapsing he was pronounced dead by doctors. This was a severe blow to the family that had lost their much loved and popular son.

The family of the deceased believes that it would have been possible to prevent the death if the practices used were correct. The family has alleged that the teenager did not have the necessary medical supervision. The family has filed wrongful death lawsuits against the head coach, members of football staff, medical staff, the University of Mississippi and the NCAA. This is a major headache for the NCAA who thrive on having a good reputation.

The family is very concerned that the same thing could happen to another family. The family also believe that this has happened many more times in the past. Students are desperate to get on the roster and will do anything to get there.

It’s said that there have been 21 NCAA footballers who have died since 2000. The family argue that nobody should die. The NCAA should be informing schools about what they need to do to protect their students.

Most college students are desperate to get onto the football team. It marks a huge achievement and earns them a lot of respect among their peers. Even so, there’s no reason why anyone has to die when they are trying to become a footballer in college. If schools know how to take care of their football playing students better then this will make playing the sport much safer.
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A church deacon was killed after he lost control of his vehicle and crashed into another vehicle. The other vehicle was at a stop light waiting to make a left turn. Two children inside the vehicle were seriously injured. The parents escaped the accident without sustaining any injuries, reports a NY Car Accident Lawyer. One of the children, an 8-year old, was airlifted to a hospital, while the other, a 7-year old, was taken to a nearby hospital in an ambulance. The deacon was taken to the hospital where he later died.
The church deacon, a member of a Baptist church, was loved and respected in the community. The details surrounding the accident are sparse. Apparently, the deacon lost control of his vehicle, 2003 Ford Focus, and struck a utility pole. This caused the vehicle to become airborne and hit the other vehicle, an SUV, stated a New York Injury Lawyer. The deacon died from injuries sustained during the accident.
The children were secured in child safety seats which may have prevented more severe injuries. When paramedics arrived on the scene, one of the children was not breathing, however. Both were unconscious and stuck underneath the Ford Focus which had to be pried from the SUV. It is unclear how the deacon lost control of the vehicle, noted a New York Vehicle Accident Lawyer.
Many in the deacon’s congregation say the deacon will be missed. He was an asset to the members of the church and always tried to show people how to live a good life, reported a New York Injury Lawyer. It is unclear who the deacon’s replacement in the church will be. Church members have been seeking solace at the church during their time of mourning.
Law enforcement officials are still investigating the cause of the accident. A medical examiner’s report and other investigative documentation should help fill in any missing details. It is unknown if the deacon suffered from any health conditions which may have contributed to the accident. The deacon was the only passenger in his vehicle at the time of this tragic accident.
Consult a New York Car Attorney if you need legal advice. A NYC Car Attorney has the experience necessary to help you win your legal battles.
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Four people were killed recently in a car crash in the Canberra region of Australia. While driving, a man, his girlfriend and their 4-month old son were struck by another car killing all three. The driver of the other car was also killed. Both drivers are suspected of being under the influence of drugs or alcohol at the time, reports a NYC Car Accident Lawyer.
The lone driver was being chased by police at the time for stealing the vehicle he was driving. Blood-alcohol tests conducted at the crime scene show the man had a blood-alcohol level of 0.15%. This evidence was introduced at the first inquest. The driver hit the other car causing the horrible accident. At the time of the accident, police had stopped pursuing the driver of the stolen vehicle after he ran a red light, determined a New York City Injury Lawyer. Unfortunately, police could not prevent this accident from happening.
The driver of the vehicle carrying the mother and her child may have been under the influence of methamphetamine or amphetamine. Further drug testing is necessary before police can make a final determination. A second inquest is scheduled within the next two weeks and includes the testimony of at least 50 witnesses. Medical examiners and other law enforcement officials will probably provide additional information as to whether the driver was under the influence of drugs before he was killed, stated a New York Auto Accident Lawyer.
In an odd twist of fate, the people involved in this accident were all close friends. It is unknown if they were going to meet up somewhere or if anyone involved know about the other’s whereabouts. It is unclear where the man, woman and child were headed when the accident occurred. The driver of the stolen vehicle was traveling at a very high speed when he hit the other vehicle. The driver died from injuries sustained after the accident, remarked a New York Injury Lawyer. It was later discovered that both drivers were probably impaired at the time of the accident. Law enforcement has not been blamed for causing the accident since they stopped pursuing the stolen vehicle.
Meet with a NY Car Accident Attorney to discuss upcoming legal proceedings. A New York City Car Accident Attorney can walk you through each step of your case.
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Actor David Arquette was involved in a car accident a month after leaving rehab for substance abuse addiction. Arquette was driving in West Hollywood when his car swerved into oncoming traffic. Arquette was able to avoid hitting one car head on, but hit another car moving in the opposite direction, explained a New York Automobile Accident Lawyer. Arquette and the woman he hit did not sustain serious injuries. Arquette was released from a hospital a few hours after the accident. It is unclear how the accident occurred. Arquette refused pain medication at the scene and again later at the hospital.
The accident occurred while he was driving to Las Vegas to help a friend open a new restaurant. Because of the accident, he will have to postpone his trip. The restaurant is named The Sugar Factory, reports a N York Injury Attorney.
After the accident, Arquette began tweeting about his experience on Twitter, a popular social media outlet. Arquette reported that he had been in an accident, but did not have any serious injuries. He did say that he was not wearing a seatbelt at the time and wishes that he had been. Arquette thanked fans for their outpouring of concern, says, S.J. Bilkis, a New York Car Accident Lawyer. The actor, who has a part in the upcoming movie Scream 4 will most likely keep fans up-to-date on his condition via Twitter.
Many celebrities use Twitter and other social media outlets to tell fans and others about their day-to-day experiences. Arquette began sending messages shortly after being admitted to the hospital, states a NY City Injury Lawyer. After refusing pain medication to relieve the pain from his minor injuries, Arquette sent a message that he did not take any medication and is currently sober.
It is not known if David Arquette will be charged with causing an accident or endangering others. It is still unclear why Arquette was driving the wrong way on the highway. Witnesses say that Arquette hit the car carrying the woman while trying to avoid hitting another car that was coming at him. The woman sustained minor injuries as well.
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A man died recently after his car ended up in a ditch after hitting a tree. After the man hit the tree, he tried to turn the car around, but it got stuck in a ditch. The man then decided to go for help. He collapsed and died in a field close to the car, reports New York Car Accident Attorney. The official cause of death is currently unknown. Law enforcement officials should learn more when the medical examiner’s report is complete.
It is unknown whether the man suffered from health issues that led to his death or if he injured himself while trying to move the car. Getting a car out of a ditch is very difficult, especially if the driver is alone, said a New York City Injury Lawyer. There is no evidence the man was with anyone when the accident occurred.
How the man lost control of his car is not known to police at this time. The vehicle may have stopped working properly while the driver was operating it or the driver may have made an error while driving. Law enforcement will have to inspect the vehicle to determine if the vehicle was malfunctioning at the time.
The events that occurred between the time the man left his car and when he entered the field and collapsed are also unknown. Law enforcement officials are investigating by gathering evidence at the scene, completing an autopsy and trying to find witnesses, reported a Manhattan Auto Accident Lawyer. It is unclear if the man knew where he was when his vehicle hit a tree and ended up in a ditch. With so many unanswered questions, law enforcement officials will have to do their best to reconstruct the events that occurred that night.
The man apparently died very early Saturday morning, but his body was not discovered until Saturday afternoon, tells a New York Injury Lawyer. It is unclear when law enforcement found the man’s car and when they decided to search the field for evidence. It is not known who discovered the man’s body and how long it took for the man’s body to be reported to the police.
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One of two men involved in a car accident died after suffering serious head injury. He was not wearing a seatbelt which might have saved his life, claims a NY Injury Lawyer. The deceased man was sitting in the passenger seat when the accident happened. The driver survived, but broke both of his legs. He was taken to the hospital and treated. Both men may have been under the influence of drugs and alcohol at the time of the accident.
The man that died was a 19-year old from a small town in upstate New York called Pawling. He was a graduate of Pawling High School. The driver was from Westchester County, New York. The car accident occurred after 2am. The driver lost control of the car and it overturned after crossing the highway median, explained a NY City Auto Accident Lawyer. Everyone in the small town of Pawling is saddened that one of its residents was killed in a tragic accident. The man participated in sports while in high school and was well-liked.
It was unclear whether the man driving the 1991 BMW 318 was wearing a seatbelt. Law enforcement officials believe that the driver lost control by not being able to keep the car to the right before it overturned. A full medical and toxicology report will determine if drugs and alcohol played a role in the accident, stated a NY City Car Accident Lawyer. If drugs and alcohol did play a role, the driver may face criminal charges.
Funeral arrangements for the man have not been finalized yet. It is unclear whether the driver will face charges for the man’s death or if the incident will be ruled an accident. Law enforcement officials are investigating the incident to determine if the driver was at fault and how much drugs or alcohol played a part in causing the man’s death, says a NY Injury Lawyer.
The accident took place in Duchess County and is being investigated by the Duchess County Sheriff’s Office Crash Investigation Unit and STOP-DWI Patrol. Between these two agencies, the details surrounding this unfortunate accident will hopefully be discovered.
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A 43-year old man was killed in a car accident when he failed to stop his vehicle at a stop sign. The accident occurred at the intersection of Brown Road and NC 903 on a Sunday morning, reports a New York Injury Lawyer. Even though much of the evidence taken at the scene must still be examined, the Pitt County Sheriff’s Department is not ruling out drug or alcohol impairment at this time. The sheriff’s department is waiting on the medical examiner’s report for clarification and to get a definite answer as to the exact cause of death.
While driving down Brown Road, the man failed to stop at a stop sign. His car went off the road and hit a tree. His car was found in a ditch. The man, who leaves behind a wife, two daughters and his parents, worked for the Pitt County Sheriff’s Department as a Micro Computer Specialist, says a New York Auto Accident Lawyer. It is not known where the man was going at the time of the accident. He was not wearing a seatbelt, which may have contributed to his death. The man was driving a Nissan Altima. The airbag was deployed at the time of the accident.
For the past 15 years, the man worked for the sheriff’s department. He was a well-respected member of the department. One Pitt County Sheriff praised the man’s work ethic, knowledge and expertise he brought to the job. The sheriff also expressed his sadness for the man’s family and his co-workers, claims a N York Car Accident Lawyer. Co-workers have also expressed their sadness for the loss of their friend and co-worker.
It is not known if funeral arrangements have been made for the man or when the funeral will be. It is not yet known if the man had any health issues that may have contributed to his death, told a NYC Injury Lawyer. Since there were no other cars involved in the accident and since the man was driving alone, the events that led up to the accident are not fully known. A medical report will help clear up some of these questions.
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National Guard troops pulled a man and woman from a car moments before it caught on fire. The vehicle hit the center divider on the highway and overturned. National Guard troops were on the same road traveling to Buckley Air Force Base when they spotted the overturned car. The man and woman involved did not sustain any serious injuries. Police are currently investigating the incident and plan on issuing the driver a ticket. The incident caused traffic to back up for a few hours while clean-up crews came to remove the vehicle, reports a New York Car Accident Attorney.
After rescuing the man and woman, the men performed first aid using materials they had from a combat first aid kit. The accident happened early Sunday morning. No other vehicles were involved and no other injuries have been reported. Witnesses to the accident reported the National Guard troops were able to save the man and woman and attend to any wounds present before medical help arrived, noted a New York Injury Lawyer. The man and woman were being well cared for by the time paramedics arrived on the scene.
It is unclear where the man and woman were going when the accident occurred. The vehicle was traveling southbound on Airport Boulevard in Aurora, Colorado when it hit the center divider. Law enforcement officials are continuing their investigation to determine the cause of the accident. Vehicle malfunction and motorist error are common causes for these types of accidents, a NYC Car Accident Lawyer explained.
Luckily, the National Guard troops were traveling on the same stretch of road as the couple. If no one had been around to help them, the man and woman may not have escaped uninjured. With few motorists on the road that early in the morning, the couple could have remained trapped in the vehicle. It is unclear if the driver will face additional charges or if this will be considered an accident without holding the driver legally responsible since no other vehicles were involved, according to a New York City Injury Lawyer. Further investigation will be needed to determine whether the drive should face other charges.
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A woman and her two young children, a 5 year-old boy and 2 year-old girl, were killed in a car accident in Mart, Texas. The woman, her husband and her two children were struck by a truck at the intersection of US Highway 84 and F-M 939. The driver of the truck was also killed, reports a New York Car Accident Lawyers has convenient locations throughout the NY area including Breezy Point, NY. Our attorneys can give you advice about personal injury caused by another’s negligence. Without a NY Car Accident Lawyer you will not be cognizant of all your rights and could be at a great disadvantage.”>NY Car Accident Lawyer. The accident occurred on a Saturday morning around 10am. The driver of the truck ran a stop sign and hit the car carrying the woman, her husband and two children. The husband, who was driving the car, survived and was sent to the hospital after sustaining non-serious injuries. He has since been released from the hospital and has not made any comments about the accident.
The husband, woman and children were from the nearby town of Wyatt, Texas. The driver of the truck lived in Mart and worked as an electrician. The woman, her children and the driver of the truck were found dead when law enforcement arrived on the scene, informed a New York Car Accident Attorney. Apparently, the truck rammed into the car and tore it in half.
The accident has shaken the small town of Wyatt. Wyatt is a small town where everyone knows each other. One of the children killed attended Axtell Elementary School in nearby Axtell. Parents of students at the elementary school are undecided as to whether to tell the boy’s classmates that he was killed in a car accident. Many people are saddened that this tragedy occurred in their small town, claims a New York Injury Lawyer as accidents like this one do not occur often in Wyatt.
Even though the driver of the truck was at fault, the small town is grieving with both families. Many town residents agree that this tragedy will be difficult for everyone involved. Locals are doing what they can such as raising money for the families to help during this time. Getting over a tragedy like this one will not be easy for the families and for those who live in Wyatt, a New York Injury Lawyer believes.
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