Legal News Archive June 2012 Image

Legal News Archive: June 2012

NHTSA Proposes Mandatory Brake-Override Systems

June 29, 2012 | Finz & Finz, P.C.

The National Highway Traffic Safety Administration (NHTSA) has proposed a new regulation that would mandate the installation of a brake-override system in all new cars in order to allow drivers to stop their vehicles in the event of a brake failure.

Continue Reading: NHTSA Proposes Mandatory Brake-Override Systems

Additional Info: Car Accidents

Plaintiffs Injured in Ladder or Scaffold Accidents in the Workplace have a Cause of Action Alleging a Violation of Labor Law §240(1)

June 15, 2012 | Finz & Finz, P.C.

Plaintiff was injured while performing removal of a storefront and demolition on a commercial center owned by defendant. Plaintiff was standing on a makeshift scaffold using two A-frame ladders. After cutting a portion of the facade of the storefront with a "Saws-All", "the injured plaintiff turned to place that tool down when '[t]he last section [he] had just cut' 'moved or shifted to one side' or 'ripped loose from above [] [and] swung down,' striking the makeshift scaffold and causing it to collapse and the injured plaintiff to fall [face down] to the ground." The remaining facade then fell and landed on top of the plaintiff.

Continue Reading: Plaintiffs Injured in Ladder or Scaffold Accidents in the Workplace have a Cause of Action Alleging a Violation of Labor Law §240(1)

Additional Info: Ladder/Scaffold Accidents

Pedestrians Hit by Bus in Crosswalk Successful in Obtaining Summary Judgment

June 15, 2012 | Finz & Finz, P.C.

Plaintiff pedestrian was crossing the street in a crosswalk with the light and pedestrian walk signal when struck by a by a NYC Transit bus as it was making a right turn. As the pedestrian was free from comparative fault and the defendant driver of the bus violated the NYC Traffic Rules and Regulations, the plaintiff was entitled to summary judgment on the issue of liability as a matter of law.

Continue Reading: Pedestrians Hit by Bus in Crosswalk Successful in Obtaining Summary Judgment

Additional Info: Bus Accidents

New York Presbyterian Hospital Implants Diseased Heart in Patient Causing His Death Said a Queens Jury by their Verdict

June 14, 2012 | Finz & Finz, P.C.

On June 6, 2012, a Queens County jury rendered a verdict against New York Presbyterian Hospital-Columbia University Medical Center, for implanting a diseased heart into Ronald Bello causing his death. On November 26, 2006, Mr. Bello, age 49, who had been waiting for a heart transplant, was given the good news that a donor heart was available. While preparing for the heart transplant at New York Presbyterian Hospital, a hospital doctor flew down to Florida where the donor heart was to be harvested. Pursuant to the hospital's protocols, the doctor must examine the heart prior to harvesting, including palpation of the coronary arteries for evidence of disease. The heart was harvested and implanted into Mr. Bello. Six days later he unexpectedly died leaving a wife and three children.

Continue Reading: New York Presbyterian Hospital Implants Diseased Heart in Patient Causing His Death Said a Queens Jury by their Verdict

Additional Info: Hospital Malpractice

In School Injury Sports Related Accidents Assumption of Risk is Not Always a Bar to Recovery

June 08, 2012 | Finz & Finz, P.C.

Plaintiff, a high school student, was allegedly injured during a softball game when she slid into second base. The cause of the injury was the improperly positioned base that had a pointed side, rather than a flush side facing first base. As plaintiff slid into second base, her left foot hit the point of the base and she stopped abruptly. The base had been securely anchored into the ground by the school's grounds crew.

Continue Reading: In School Injury Sports Related Accidents Assumption of Risk is Not Always a Bar to Recovery

Additional Info: School Injuries

In Rear-End Collisions the Driver of the Rear Car Must Establish a Non Negligent Explanation for the Collision

June 08, 2012 | Finz & Finz, P.C.

Plaintiff was injured when her vehicle, which was stopped at a stop sign, was struck in the rear by defendant's vehicle. Defendant's own deposition testimony established that he was not looking where he was driving when he struck plaintiff's vehicle which was the sole proximate cause of the accidents.

Continue Reading: In Rear-End Collisions the Driver of the Rear Car Must Establish a Non Negligent Explanation for the Collision

Additional Info: Motor Vehicle Accidents

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