The Elliot Schlissel New York Law Blog

On March 23, 2000, Jerry Amaro, age 36, was beaten to death by officers of the Oakland Police Department during a drug arrest sting. Recently, his family settled their case against the City of Oakland for $1.7 million dollars. The cause of his death on October 21, 2000, was pneumonia, which resulted from multiple rib fractures and a collapsed lung, which he received during the beating.

Amaro spent five days in jail. During his incarceration, he requested medical assistance. His requests were initially ignored, but he eventually saw a doctor for his injuries.

Investigation Finds Amaro Was Severely Beaten

After Amaro’s death, an investigation was conducted with regard to the incident.  Investigators found that Amaro was “severely injured during his arrest”. The investigation also found five police officers had used “some form of physical force” on Amaro without a valid reason for this use of force or mentioning this use of force in their police report.

The 1.7 million dollars received by Amaro’s family is insufficient for the loss of his life, given the especially heinous treatment he received.

Personal Injury Lawyers

The Law Office of Elliot Schlissel represents New Yorkers with regard to all types of injury cases. Car accidents, truck accidents and slip and fall cases are routinely handled by our office. We can also help you obtain compensation for injuries received as a result of premises liability, construction accidents and wrongful death cases. In addition, our office has handed cases involving dog bites from vicious dogs. Call us for a free consultation at 1-800-344-6431, 516-561-6645 or 718-350-2802.

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 inmate. 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 “inmates 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.

Kenneth Rettler, a teacher in the Desmoine Iowa School District impregnated one of his student, after making repeated sexual advances to her. Even more troubling, the Principal of the school, Rich Blonigan, was aware he was spending time alone with Josephine Stevens in his classroom with the door locked – against school policy. Mr. Rettler had sent Ms. Stevens numerous, inappropriate communications via both text message and e-mail, also in violation of school policy.

School District Sued

Ms. Stevens has brought a lawsuit in the Iowa District Court against the school district. The lawsuit alleges she has experienced humiliation, emotional harm and embarrassment due to getting pregnant, and she has demanded monetary compensation for her injuries.

The teacher was fired and voluntarily surrendered his teaching license. This was a result of his sexual liasions with a student who was only seventeen at the time. Sex Between Teachers and Students is Against the Law In Iowa

It is a crime in the state of Iowa for a teacher to have sex with a student – regardless of that student’s age. If there are repeated liasions between the teacher and student, the crime is a felony subject up to five years in prison. Rettler has plead guilty to sexual exploitation and obstructing prosecution. He has been sentenced to six months in jail, and in addition has to complete a sex offender treatment program. He will be forced to register as a sex offender wherever he lives in the future.

Teacher’s jobs involve instructing students not taking advantage of their naivety.

Injury Lawyer

If you are involved in a car or truck accident, the Law Offices of Elliot Schlissel can help you recover from your damages. In addition, our law firm represents men, women, and children with regard to premises liability cases, construction accidents, wrongful death cases, nursing home neglect cases, and all other personal injury matters. Call us for a free consultation 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.

A pedestrian was struck by a car. The driver of the car was uninsured at the time of the accident. The pedestrian was taken to a hospital emergency room for treatment. He also, at a later date, received treatment for pain from the injuries.

The pedestrian did not miss any time at work. He incurred no medical expenses since all the expenses were paid for by the defendant, the Motor Vehicle Accident Corporation.

Lawsuit For Pain & Suffering

The pedestrian brought a lawsuit for past and future pain and suffering. Judicial Hearing Officer Nadelson, sitting in the Civil Court of Kings County, found that the pedestrian only had soft tissue injuries involving sprains, muscle spasm and disk bulges. His decision was that these injuries were not sufficient to meet the heavy burden on individuals in car accidents to prove a “serious injury.” The court found that the injuries suffered by the pedestrian were not permanent and did not meet the threshold of a serious injury. The pedestrian’s claim that he suffered an inguinal hernia were not supported by the evidence. The pedestrian did not recover any monetary damages.

Auto Accident Lawyer

If you are in a car accident and sustain a serious injury, we can help you. The law office of Elliot Schlissel, for more than 30 years, have represented both men and women involving personal injuries. Our firm litigates car accidents, truck accidents, slip and fall cases, wrongful death and other types of personal injury cases. Call for a free consultation.

Justice Janowitz, sitting in the Supreme Court located in Nassau County,  New York, recently made a decision in the case of Jill G. vs. Jeffery G,  202923-10 (March 18th). The wife in this case claimed that the  temporary, non-taxable maintenance payments she was receiving were  inadequate. The wife was receiving $10,783 per month. This award was  based on the presumptive amount of maintenance that has to be paid by one spouse to another, which maintains a current cap on only the first $500,000 of annual income. The wife claimed that the presumptive award was inadequate. She claimed that she had a child with physical disabilities. Her child had additional medical expenses, she claimed, due to these disabilities. Judge Janowitz carefully looked at the wife’s net worth statement (financial statement). He stated his opinion that this net worth statement did not reflect that there were extraordinary expenses that the wife was facing. He also found that the wife had received $450,000 in an infant compromise related to a personal injury award for this child.

The court stated in it’s decision that under New York Domestic Relations Law section 236B(5-a), the “pendente lite” (pending litigation) of spousal maintenance awards must comport with the new guidelines issued on October 12, 2010. To convince a court to deviate from these guidelines, the court must find that the pendente lite maintenance amount was unjust or inappropriate. In this case, Justice Janowitz felt that $10,783 per month in non-taxable pendente lite maintenance is a fair and reasonable award. Fathers’ rights were preserved in this case!

NY Fathers’ Rights

Fathers have legal rights in matrimonial and family law proceedings. We aggressively protect fathers’ rights. We litigate all aspects of divorce proceedings. We represent fathers involving orders of protection, child custody matters, child visitation proceedings, child support proceedings, spousal maintenance proceedings (alimony), as well as child abuse and child neglect proceedings. We bring proceedings to reduce child support when fathers have had a reduction in their income or a loss of their job. We present defenses to child abuse cases. We litigation paternity related proceedings. In addition, we represent fathers concerning equitable distribution of assets, as well as negotiating separation agreements. Call us for a free consultation. We are available seven days a week. Our phone numbers are 1-800-344-6431, 516-561-6645 or 718-350-2802.

There is a new concept in the handling of divorces that is accepted in a number of states.  Funding companies offer to cover the legal costs of litigating the divorces.  They pay for the legal services of the party’s lawyer.  They also pay for finding hidden assets and maintaining an individual’s lifestyle during the course of the divorce litigation.  What do they get for this? They receive a share of whatever is awarded to the litigant by the courts. An example of a company that does this type of work is Balance Point Legal Funding, located in Beverly Hills, California.

Instead of accepting a smaller settlement, she entered into an agreement with Balance Point Legal Funding.  For a percentage of what she received, they advanced her $200,000 to allow her to live comfortably, as well as litigate her case.

Balance Point Legal Funding is part of a trend.  They are part of an industry that currently invests in other people’s lawsuits. This helps plaintiffs in divorces, personal injury matters, medical malpractice cases and other types of litigation to move forward with lawsuits when they would otherwise not have sufficient assets on their own to bring their case to fruition. Balance Point Legal Funding currently has more than one billion dollars invested in pending lawsuits in the United States.  The focus of Balance Point Legal Fundings is on divorce cases with marital assets between two and fifteen million dollars.

High Net Worth Divorces

The Law Office of Elliot S. Schlissel handles high net worth divorces.  We deal with issues involving family businesses.  We help doctors, lawyers and dentists in obtaining divorces from their spouses.  We negotiate separation agreements that preserve our clients’ assets.  We also assist our clients with child custody and spousel maintenance (alimony) issues.  When the situation arises, we obtain annulments for our clients.  We negotiate prenuptial agreements, as well as postnuptial agreements, for our clients.  Feel free to contact us at 1-800-344-6431; 516-561-6645 or 718-350-2802.