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Showing posts with label accident. Show all posts
Showing posts with label accident. Show all posts

Thursday, September 12, 2013

7 Car Pile-Up Involving School Bus Injures Eight People

Eight people were injured, one critically, following a chain-reaction crash that involved a school bus and six other vehicles in Camden County Wednesday morning.

The crash happened at about 9:30 a.m. on the Black Horse Pike near Chews Landing Road in Glendora, New Jersey.

The crash involved a school bus and six other vehicles.

Authorities say eight people were injured. Three people were taken to Cooper University Hospital; one is in critical condition, another was initially listed in critical condition but was upgraded to stable condition and a third is listed in stable condition.

Three others were taken to Kennedy Health System in Stratford and two more were taken to Underwood Hospital in Woodbury.

According to reports, the occupants of the school bus were senior citizens who were en-route to a senior center. A driver and five others were aboard the school bus.

Police say a Ford pickup truck, a 2009 Mitsubishi Galant and a 2000 Kia were traveling south on the Black Horse Pike and stopped in traffic when the school bus, which was also travelling south, struck the rear of the Kia.

The Kia then struck the Mitsubishi, which struck the pickup truck. The collision forced the Mitsubishi into the northbound lane where it struck a 2004 Ford Taurus and a 2003 Toyota Camry. Ladders that were detached from the pickup truck also struck a stopped 2011 Chevrolet pickup truck.

Tuesday, July 24, 2012

School bus driver killed and 6 passengers hurt by head-on collision with cement truck on Long Island


A cement truck slammed into a Long Island Rail Road overpass while it was heading south on Oyster Bay Road near Matinecock Court in Locust Valley and then collided with a school bus killing the BUS DRIVER and injuring six passengers - including four children.

One of the police officers at the scene said the impact from the LI Rail Road overpass knocked the barrel loose from the cement truck, causing the truck to swerve out of control and into oncoming traffic.

The bus, owned by the Locust Valley Central School District, was in the northbound lane and in the direct path of the truck.

The bus, carrying four children who were hurt (all listed in stable condition) were on their way home from a summer day camp for developmentally disabled children.

According to people at the scene a male aide on the bus and the cement truck driver were also taken to area hospitals.

If you or someone you know have suffered a serious injury as a result of a negligent driver call our office immediately to speak with an experienced attorney.  1.800.669.4878 (1.800.NOW.HURT).

Tuesday, November 01, 2011

LABOR LAW – $1.3 Million Settlement for Fall from Scaffold - spinal injuries


Labor – Fall from Scaffold Results in Spinal Injuries
XX/25-40 LABOR LAW – FALL FROM SCAFFOLD – SUMMARY JUDGMENT ON LIABILITY

BULGING CERVICAL AND LUMBAR DISCS, TORN MENISCI, AND CONCUSSION

SETTLEMENT: Zach D. v. City of New York; Perini Corporation v. Nelson Maintenance Services, Inc.

Pltf. Atty: Daniel P. Buttafuoco of Daniel P. Buttafuoco & Associates, P.L.L.C., Woodbury.

Deft. Atty: David E. Potter of Lazare, Potter, Giacovas & Kranjac, L.L.P., Manhattan, for City of New York and Perini Corp.

Jeffiey S. Feinerman of Meiselman, Denlea, Packman & Eberz, P .C., White Plains, for Nelson Maintenance Services.

This case settled just before plaintiff rested for $1,300,000. Plaintiff, a 39-year-old union painter employed by Third-party defendant Nelson Maintenance Services, fell off a double Baker scaffold which collapsed under him while working at the sewage treatment plant at Coney Island in Brooklyn. Defendants contended that the accident did not happen as plaintiff claimed. Plaintiff was granted summary judgment on the issue of liability pursuant to Labor Law §240(1 ).

Injuries: bulging cervical disc at C4-5; bulging lumbar disc at L4-5, with radiculopathy on the right side confirmed by EMG; torn medial and lateral menisci in the right knee requiring arthroscopic surgery and future total knee replacement; mild concussion with post-concussion syndrome and headaches; questionable chip fracture of the right calcaneus. Defendants claimed that the arthroscopic surgery that was performed was a routine operation, and did not result in permanent disability. Defendants also contended that there was no fracture to the calcaneus. Plaintiff claimed that he is unable to work, and he has not returned to work. He claimed lost earnings in the range of $40,000 to $50,000 per year plus benefits. Defendants disputed the extent of plaintiff s lost earnings, claiming that he had a sporadic work history with union earnings of only $20,000. Plaintiff’s vocational rehabilitation expert testified that plaintiff had sustained past lost earnings of $500,000 and future lost earnings of $1,500,000. The judge struck his testimony, finding that there was insufficient factual basis, since no W-2s or tax returns, were provided. Specials: $26,000 for past medical expenses; $200,000 for future medical expenses. Demonstrative evidence: MRIs; EMGs; models of the spine and knee. Settlement apportionment: Perini paid $150,000; Nelson paid $1,000,000, policy coverage, and $150,000 from the State Insurance Fund 1B coverage. Carriers: GAN for Nelson ($1,000,000 policy); St. Paul for Perini.

Pltf. Expert(s): Dr. Irving Friedman, neurologist, Brooklyn; Dr. Ali Guy, physiatrist, Manhattan; Dr. Frank Carr, orth surg., Brooklyn; Stuart Sachnin, Ph.D.,vocational economist, Manhattan, ( testimony striken).

Deft. Expert(s): Defendant would have called Dr. Jerome Block, neurologist, Manhattan; Dr. Aldo Vitale, orth. surg., Brooklyn.

Thursday, January 17, 2008

Protection of Construction Workers and Workers in the Trades under the NY state "Safe Place to Work Laws"

In NY state, construction workers in the “trades” (carpenters, plumbers, electricians, steel workers, steamfitters, laborers, masons, painters, and every other trade) are protected under the “safe place to work” laws. These laws are known in the legal arena as the “labor law” and there are different sections covering varying types of work related activities and injury causing situations. Labor Law cases are very favorable to construction workers. These laws hold the building/structure owner as well as the general contractor liable for certain injuries suffered by workers in the trades. What this really means is that in addition to having a worker’s compensation claim against their employer, the injured worker may also have the right to bring a lawsuit against the owner of the building/structure and against the general contractor overseeing the job. Thus, the injured construction worker has two claims.

In order for the safe place to work laws to apply and provide protection to the injured worker, certain criteria must be met. First, the work being performed by the injured worker must be the type that is covered under the law. All trade work is typically covered if its being done for construction, erection, repairing, demolition, or altering of a building or structure. The injury does not have to occur on a construction site or project. As long as the work being performed is trade type work there is typically protection under these laws.

So, for example, if the trade worker’s company was hired to by a building owner to simply paint, replace electrical wiring, or install an alarm system, or to install a new boiler, these types of activities will normally be covered under these laws.

In addition, the safe place to work laws concentrate on providing workers in the trades with protection from elevation-related accidents, such as falls from a height (ladders, scaffolds, platforms, etc.). When a worker falls from a height and is injured because a ladder/scaffold is inadequate, unsecured, unstable, or defective these laws mandate “absolute liability” upon the owner and general contractor. This is true regardless of who owned the ladder or scaffold. The owner and general contractor are required to ensure that workers working at a height are provided with proper safety devices. So, if a ladder or scaffold collapses, breaks, tips, slides, etc., and causes injury to the worker, both the owner and general contractor are liable. The same is true if materials, tools, or supplies fall from a height striking a worker below. There is even a special section of the law providing heightened protection for window washers who are injured on the job due to height/fall related injuries.

The safe place to work laws also provide protection for injuries caused by slipping/tripping on a work site, injuries caused by lack of eye protection, injuries caused by electrocution, injuries caused by unguarded power equipment and many other types of trade related activities.

Of course with all laws there are certain exceptions and exemptions. It is crucial to hire a lawyer who is fully familiar with these laws and has had repeated success with lawsuits against owners and general contractors. At Buttafuoco & Associates, Daniel P. Buttafuoco and Mark T. Freeley have a proven track record of success in handling labor law cases and in taking on the owners, general contractors, their insurance companies, and their attorneys. Dan and Mark take a personal interest in every injured trade worker and prepare an individual case strategy for every client. The injured worker does not become a case number, as is the common practice in other firms, but instead becomes a case partner. We help injured construction workers rebuild their lives.