The Elliot Schlissel New York Law Blog

Philip E. Parker, a former inmate in a Baltimore jail, was being transported by correction officers in a jail bus when he was murdered by a fellow immate. His family brought a lawsuit claiming that the four correction officers and the State had acted negligently in the supervision of the prisoners on the bus, and as a result of their failure to supervise, that another inmate, Kevin Johns, killed Mr. Parker during the bus trip.

18.5 Million Dollar Jury Award

A jury in the Baltimore City Court awarded Parker’s family 18.5 million dollars based on this incident that took place in 2005. The State argued the situation on the bus was not foreseeable and therefore they were not negligent. The State claimed that the incident happened very quickly, and that the bus was dark, further preventing the correction officers from intervening.

The State’s Appeal

The attorneys for the State have indicated they plan to appeal the verdict. The 18.5 million dollar verdict involved 7.5 million to Parker’s mother, 1 million payable to his father and 10 million dollars to be paid to his estate. The attorney for the Parker family, Samuel M. Shapiro, stated “immates in prison are human beings. These human beings, while incarcerated, need to be treated as human beings and if necessary, protected by the prison personnel from being murdered by other prisoners.”

New York Personal Injury Lawyers

For more than 30 years the Law Office of Elliot Schlissel has represented New Yorkers with regard to all types of personal injury cases. We have extensive experience in handling both car and truck accidents. Our office can provide legal representation in cases involving slip and fall accidents, premises liability, wrongful death matters, construction accidents, as well as nursing home neglect situations. We also have handled dog bite cases. Call us for a free consultation. Our phones are monitored 24/7, and we can be reached at 1-800-344-6431, 516-561-6645 or 718-350-2802.

Miss Brignoni was injured in a bowling alley.  She fell due to a slippery condition after her feet went in front of the foul line on the alley.  Miss Brignoni claimed that no one had told her that crossing the foul line could be dangerous.  It was also alleged that there were no signs giving warning to bowlers about this dangerous condition.

Big Bowl claimed, come on, everyone who bowls understands that you can fall down while participating in running up the alley with a bowling ball. Big Bowl brought a Motion for Summary Judgment. Summary Judgment Motions are used for the purpose of having a court decide the case without a trial. Summary Judgment Motions are based on the theory that there is no question of fact concerning liability issues.

Justice Joan M. Madden, sitting in Supreme Court in New York County rendered a decision that there was not an assumption of risk in this recreational activity. The Judge ruled that the expert hired by the plaintiff had raised a triable issue and that the case should go to trial and not be determined on a motion. The expert’s affidavit specifically stated Big Bowl created enhanced risks of injury because they oiled the lane 4 1/2 inches past the foul line as opposed to the normal standard for bowling alleys which is 6 inches. It was also pointed out that employees on many occasions witnessed bowlers slip and fall on the oiled part of the bowling alley. The Judge’s decision requires the case to be decided at trial by a jury.

Long Island and New York City Accident Lawyers

The accident lawyers at the Law Office of Elliot Schlissel can help you, should you be injured. Our office has extensive experience in handling car accidents and truck accidents. We also litigate slip and fall cases, premises liability cases, wrongful death cases, nursing home neglect cases as well as all other types of personal injury matters. Call us for a free consulation at 1-800-344-6431, 516-561-6645 or 718-350-2802. Our phones are monitored 24/7.

Long, a student was injured during gym class. His family brought legal proceedings seeking monetary damages related to the injuries Long received. Supreme Court Justice Ute Wolff Lally sitting in the Supreme Court Part located in Nassau County, New York, found that a triable issue of fact existed and that the case would have to go to trial.

Gym Class Injury

Long was involved in a physical activity in gym class referred to as “islands.” During this activity, gym equipment was used and the students had to run around them. The School District claimed that this was a “cooperative game”. The purpose of the game is to teach students to work in a group. Long claimed the activity was a race.

Sports Injuries

In her decision, Judge Lally stated that sports activities were generally consented to by its participants. She also commented there are inherent risks in all sporting activities However, her opinion stated that even if the student consented to the activity, the school has an ongoing obligation to exercise reasonable care to see that students are protected from unassumed, concealed, and unreasonable risks. Judge Lally found it was a triable issue of fact as to whether the school district had properly discharged it’s duties to the students.

Injury Attorneys

If you, a family member, or a loved one are injured as a result of a school activity, construction work, or a car accident the attorneys at the Law Office of Elliot Schlissel can assist you. For more than 30 years the law firm has represented individuals in personal injury matters. The firm also represents individuals involving slip and fall cases, premises liability, wrongful death matters, nursing home neglect cases, as well as all types of injuries related to car and truck accidents.  Call for a free consultation at 1-800-344-6431, 516-561- 6645 or 718-350-2802. There will be no legal fee unless we collect damages for your injuries. Our phones are monitored 24 hours a day, seven days a week.

Marston Gibson, Esq. is now the Chief Justice of the highest court in Barbados. I know Marston Gibson. Marston served with distinction as a Judicial Hearing Officer (JHO) in the courts of Nassau County. He conducted non jury trials in matrimonial and other civil cases. Marston did a terrific job. He was always dedicated and hard working. I wish him the best of luck in his new position of Chief Justice of the Court of Appeals in Barbados.

Marston Gibson is a Rhodes Scholar. He obtained law degrees from the University of the West Indies and Oxford University in England. Marston became a nationalized American citizen in the year 1996. Marston had been a lecturer at the University of the West Indies. He taught various courses. One of his students was the former past prime minister of the West Indies, David Thompson.

Anthony Marano, the Administrative Judge in Nassau County, recently said Marston Gibson was “the ideal employee [with] extraordinary knowledge of the law and a perfect disposition!!” Although Marston Gibson will be the Chief Judge of the independent country of Barbados, his decisions will be subject to review by the Carribean Court of Justice. I wish Marston Gibson the very best in his new position. Nassau County will miss him!

Personal Injury Attorneys

Our office has been handling all types of personal injury cases for more than thirty years.  We represent individuals in car accidents, truck accidents, wrongful death cases, slip and fall cases and cases involving individuals bitten by ferocious dogs.  Should you be involved in an accident or suffer an injury, call us at 1-800-344-6431, 516-561-6645 or 718-350-2802.

On March 11, 2011, four year old Mark DiBona was in a Sears Roebuck store in the Auburn Shopping Mall. The four year old was taking a ride on the escalator. After stepping on to the escalator, the handrail pulled him into a 6 1/4 inch gap that existed between a plexiglass barrier and the escalator. This caused him to fall to the floor below. Mark suffered traumatic head injuries. He died the next day.

Mark’s Parents Sue

Mark’s parents brought a lawsuit in Worcester Superior Court. Their lawsuit stated that Simon Property Group, Inc. and others involved with the mall were responsible for the boy’s death. The mall had new escalators installed in the year 2009. The building permits for the escalators required barriers be installed that would eliminate the 6 1⁄2 inch gap Mark DeBona fell through. Unfortunately, the contractor handling the installation did not install the barriers. Failure of the mall operators to install the barriers was the cause of Mark’s death. Weren’t these escalators inspected prior to becoming operational? Were the inspectors paying attention, or did they intentionally ignore the problem?

Personal Injury Attorneys

Our office has been handling all types of personal injury cases for more than thirty years.  We represent individuals in car accidents, truck accidents, wrongful death cases, slip and fall cases and cases involving individuals bitten by ferocious dogs.  Should you be involved in an accident or suffer an injury, call us at 1-800-344-6431, 516-561-6645 or 718-350-2802.