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Wednesday, December 20, 2006

Case Brief: Labor Law

I have had several inquires for examples of a Labor Law cases. Posted below is a Labor Law - Fall from Ladder case:

SETTLEMENT: Scott and Jamie B. v. U.S. Tennis Association, Inc.; Turner Con & Lehrer; McGovem Bovis, Inc. 129112/95 Date of Settlement 3/16/99 New York Supreme
Pltf. Atty: Daniel P. Buttafuoco of Daniel P. Buttafuoco & Associates, Woodbury.

This Labor Law action settled during trial for $1,250,000, plus the waiver of a $67,000 Workers Compensation lien. On 10/20/95, Pltf., a 38- year-old union iron worker, fell from an unsecured ladder while working at the construction site of the U.S. Tennis Center in Flushing Meadows. Prior to trial, Pltf. was granted summary judgment pursuant to Labor Law § 240. There was no Third-party action against Pltf.'s employer.

Injuries: comminuted fracture of the patella with displacement of the bone fragments. Pltf. underwent excision of the patella and open reduction and internal fixation. Pltf.'s knee is disfigured. Pltf. did not return to work, and he claimed that he will require a future knee replacement. He was earning approximately $60,000 a year, plus benefits, at the time of the accident. Deft. claimed that Pltf. would not need a knee replacement, that he had good range of motion in the knee, and that he was able to return to work. Demonstrative evidence: model of the knee; photographs; diagram of the knee and surgeries.

Daniel P. Buttafuoco

Thursday, December 14, 2006

Slip and Fall Injuries

Have you or a friend/family member recently been a victim of a slip and fall accident? Just because you slip or trip and fall doesn’t mean you are a “klutz” and solely responsible for your injuries. It all depends upon what caused you to fall. Was there a defect on the floor (like a raised or cracked surface tile or sidewalk) or perhaps a pothole defect? Sometimes people fall because there is a “foreign substance” on the floor that is slippery (like oil, floor wax, water or ice, or even something that has broken in a supermarket). Our firm has handled many “fall” cases over the years - one client fell on an overwaxed dance floor, one on icy steps outside a diner, one elderly gentleman tripped over a broken, uneven sidewalk.

There are many conditions that are “unreasonably dangerous” that cause people to take serious falls that result in all types of injuries (occasionally, even in death!).

Falls are serious, especially in older people. It is not uncommon to have fractured hips and major surgeries resulting from a serious fall.

A property owner or business or homeowner must keep the floor and ground in “reasonably safe condition”. If not, then you can sue (slip and fall) provided they had some notice (or should have known) of the condition.

In these cases it is extremely important to 1) make an immediate report 2) take photos as soon as possible and 3) call us immediately if you or a loved one is seriously injured in a fall at 1-800-Now-Hurt. Time is important in these cases because conditions change rapidly.

Call 1-800-Now-Hurt to have Daniel P. Buttafuoco & Associates investigate your case as soon as possible.

Daniel P. Buttafuoco

Tuesday, December 05, 2006

Car Accident - Can I recover damages?

Auto Accident

If someone is injured in a car accident, all medical bills and wages (to a limited amount) are typically paid by the No-fault insurance company up to $50,000. The accident victim merely needs to file a No-fault application within thirty (30) days of the accident. The No-fault insurance company is typically the insurance for the car the victim was seated in at the time of the accident.

In addition, an injured victim may also sue the negligent driver and owner of the car which caused the accident. Such a case may be worth a substantial amount of money. There is an important requirement here that is unique to automobile cases. The injured victim can only sue if he/she has sustained a “serious injury”. The law involving a “serious injury” is extremely complex. Generally, a fracture, even a minor one, qualifies. A soft tissue injury (“whiplash”) generally is not sufficiently “serious” unless the victim is out of work for ninety (90) days. There are many exceptions to this. Call us for free advice - 1-800-NOW HURT - if you have a question.

Daniel P. Buttafuoco