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.

Governor Cuomo has set up a medicaid re-design team. On the team, there are a number of hospital administrators. These administrators have used this opportunity to press for capping malpractice payment for hospitals. Governor Cuomo has decided to go along with the hospital administrators’ request concerning capping malpractice payments in medical malpractice cases.

Malpractice Awards

Hospitals and physicians have complained about decisions in medical malpractice cases. They claim the awards have been too high. They also claim that they must now practice defensive medicine and perform unnecessary tests to protect themselves.

There has been a proposed cap for “non-economic damages.” This cap would be $250,000 for pain and suffering for each medical provider guilty of malpractice. In 2011, $250,000 is a grossly insufficient amount to pay to individuals who will have a diminished quality of life because of hospital or physician negligence.  Some of these individuals will be left blind, paraplegics, and completely unable to care for themselves.

Reducing In-hospital Errors

The best way to deal with medical malpractice is not to penalize the injured parties by limiting their recovery. The more perfect solution is to reduce the number of errors and bad decisions made by medical providers.

CONCLUSION

A medical malpractice cap should not be part of the budget being submitted by Governor Cuomo. The better solution would be for medical providers to be more careful regarding the decisions they make concerning patients. Our law office represents individuals who have been in car & truck accidents. We aggressively litigate slip and fall and wrongful death cases. We deal with issues concerning no-fault insurance. We also litigate dog bite cases. Feel free to call us for a free consultation.

James May, Jr. Of Melville, New York and his friend, Michael Hoenig, had gone to the Nutty Irishman Bar in Farmingdale with their friend Michael Rahner.  Michael was the designated driver for the group.

During the course of the evening, James May, Jr. and Michael Hoenig brought their friend Michael Rahner a series of drinks.  The boys were out drinking on December 2, 2007.  On the way home from the bar, there was a car accident and a passenger by the name of Ryan Luciere was injured.

New York has a Dram Shop Law.  This law makes bars financially responsible if a patron of theirs’ is served alcoholic beverages while intoxicated.

Ryan Luciere of Plainview sued the Nutty Irishman Bar for serving alcohol and beverages to Michael Rahner while he was intoxicated.  The attorney for The Nutty Irishman then sued Michael’s friends, Michael Hoenig and James May, Jr., claiming that when they bought drinks for Rahner, they were in violation of their oral agreement as to who would be the designated driver.  The Nutty Irishman sued these two men to reduce their financial exposure in the case.

Judge Randy Sue Marber rendered a decision on September 29, 2010, that stated that although the two friends may have had a moral obligation to avoid buying drinks for the designated driver, this created no legal responsibility for them.  She dismissed the lawsuit brought by The Nutty Irishman against theses two men.  It should be noted that Michael Rahner was charged with Driving While Intoxicated (DWI) after the crash.  Upon his trial on this criminal charge, he was acquitted.

About Our Firm

We have extensive experience in representing our clients on misdemeanor and felony charges.

Our office represents individuals charged with driving while intoxicated.  We also assist individuals who are injured in car accidents, wrongful death cases and who are injured as a result of a slip and fall.

If you have questions on these issues, feel free to contact us for a free consultations at 1-800-344-6431, 516-561-6645 or 718-350-2802.

Richard Gooding was engaged in a shoot-out with the police in the City of New York.  During the course of the gun battle, he was killed.  Tammy D. Johnson was in the area of the police gun battle.  Upon hearing the shots being fired, she dove behind a parked sport-utility vehicle.  She watched the gun battle take place.  During the course of the gun battle, she was hit in her right elbow by a bullet fired by one of the police officers.  Her 19 month old daughter was also grazed by a bullet fired by the police.

Ms. Johnson Sues The New York City Police Department

Ms. Johnson sued the New York City Police Department for her injuries.  Susan Paulson, the assistant New York City Corporation Counsel representing the City of New York on this case, stated “The police officers’ split second tactical decision to use deadly force is protected from second guessing where, as here, the police properly followed established police guidelines.”

New York City Police Commissioner Raymond W. Kelly also made a statement regarding this incident.  He said, “The decision reaffirms the New York City Police Department’s existing practices and comes after examination of police-involved shootings last year that showed that the police department reached an all time low in the number of times officers resorted to deadly force and in the number of bullets fired.”

Court of Appeals Dismisses Case

The New York Court of Appeals, the highest appeals court in the State of New York, rendered a decision on this case that stated: “the officers clearly had probable cause to fire their weapons at the suspect.  They were in pursuit of an armed individual who opened fire on them on a public street, endangering the lives of the officers and the public”.

At the time of the trial, the police officers testified that they had a clear view of the suspect.  They were unaware that there were any bystanders in the area.  They also testified that they followed police procedures to minimize any potential of injuries to the general public.

Legal Services Provided by Our Firm

Our office represents families who are confronted with wrongful death cases.  We have extensive experience in handling auto accident casesSlip and fall cases in residences, on side walks, in buildings and other structures are also aggressively litigated by our law firm.  Should you, a friends or family member be injured, contact a personal injury attorneys at the office of Elliot Schlissel.  You can reach us 24/7 at 1-800-344-6431, 516-561-6645 or 718-350-2802.

Blinded Golfer Incident

December 24th, 2010

Dr. Azid Anand was injured when Dr. Anoop Kapoor took a shot from the rough on October 19, 2002. These two physicians and a third man met together at the golf course.  Dr. Kapoor hit a ball which veered to the right and struck Dr. Anand’s left eye.  The golf ball hit him with such force that he lost sight in the eye. At the time of the trial, Dr. Anand testified that Dr. Kapoor never yelled “FOUR” at the time he swung his golf club.  This is a traditional warning from one golfer to another that they may be in the path of a golf ball.  So to speak, they should duck! It was argued that he was negligent in failing to yell “four”.  The judge hearing the case dismissed it.  His ruling was that getting hit by a golf ball on a golf course is the risk you take when you play golf.

The Appellate Court upheld this decision.  The case has now been appealed to New York’s highest court.  Dr. Anand’s attorney claims that the underlying facts of the case were confusing.  Due to the confusion and circumstances involved in the case.  He feels that the judge should not have dismissed this matter.  The appropriate way to resolve this case was to present it to a jury and let them make a decision.  Dr. Anand claims millions of dollars in damages because his medical practice has been limited due to his losing sight in one eye.

I never looked at golf as a violent game.  My sport of choice is tennis.  I am presently sixty years old and one day, when I am too old to play tennis, I may consider playing golf on a regular basis.  Up until then, I’ll stick with tennis.

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 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.

Four-Year-Old Charged in Lawsuit

November 29th, 2010

In April of 2009, Clare Menagh, an elderly woman, was using a walker to help her get around.  While Clare was walking on the sidewalk, a four-year-old was riding a bicycle near Clare.  A collision took place and Clare broke her hip.  Several months later, she died of causes unrelated to the incident.  At the time of her death, she was eighty-seven years of age.

Estate Sues Mother And Four-Year-Old

Her estate sued not only the child’s mother, but they also sued the four-year-old.  They claimed the child had been riding her bicycle in a negligent manner on the sidewalk.

A motion was made by the defense counsel for the young girl requesting that the case be dismissed against the child.  The judge refused to dismiss the case.  He cited a case dating back to 1929 that suggested a four-year-old could be held to a standard of reasonable care for a child of that age.  Query: what standard of care is a four-year-old capable of meeting?

The child is not yet attending kindergarten, which will happen when she turns five.  Legal experts throughout New York are shaking their heads with regard to the absurdity of the court’s ruling.  Holding a child of four to a standard of reasonable care is absurd.  The lawsuit is now moving forward and we look forward to seeing the final result in this case.

About Our Firm

Our law office has been handling all types of personal injury cases for more than thirty years.  We represent individuals involved in car accidents, truck accidents, slip and fall cases and incidents of wrongful death.  We also assist clients involving dog bites and cases where they are hit by individuals riding bicycles.  Should you, a friend or loved one be injured, please call us.  We work on all our personal injury cases on a contingency basis.  We receive a percentage of the amount of the judgment received.  If the event we are not successful, there are no attorney fees. Disbursements if any are charged at the end of the case.  Feel free to call us at 1-800-344-6431, 516-561-6645 or 718-350-2802, or contact us by email.

Jesse Shipley, a 17 year-old high school student, died in a car accident on January 9th, 2005.  Jesse’s father consented to an autopsy.  The autopsy was completed and Jesse’s remains were picked up by a funeral home later that day. A few months later several classmates of Jesse Shipley were on a field trip to the Richmond County Coroner’s office where there they noticed a jar containing a human brain that was suspended in formaldehyde.  The label on the jar indicated that the brain belonged to Jesse Shipley.

The students told the parents of Jesse Shipley about Jesse’s brain being maintained in a jar in the medical examiners office. To say the least, Jesse’s parents were very upset.

Jesse Shipley’s parents sued the City of New York and the medical examiner’s office.  They requested damages related to the improper taking of Jesse’s brain.  The City of New York tried to have the action dismissed claiming that the brain was retained for various scientific purposes.  The judge handling the case dismissed the motion.

The City of New York should not have taken this young girl’s brain without her parents permission.  I can imagine the shock and chagrin of the parents when they spoke with Jesse’s classmates after the field trip and found out that her friends were looking at her brain in a jar suspended by formaldehyde.  I hope the parents collect from the City of New York for their emotional distress and other damages.

In the event you or a family member are involved in a car accident, slip and fall, wrongful death, dog bite or other type of personal injury case, feel free to contact the law office of Elliot Schlissel at 1-800-344-6431, or by email.

Dog Bite Kills Man

October 22nd, 2010

In February of 2010, Kenneth Bach was at Chain Lake in Monroe, Washington.  While he was there, he was bitten by a red bone hound owned by Konrad Haskins.  Kenneth Bach’s family claims that this red bone hound had a history of attacking and biting people.  At the time of the incident, the dog was not leashed and was roaming freely throughout the facility.

Dog Bites Man On Finger

The hound bit Kenneth Bach on his finger, which began bleeding.  Although the bite did not seem to cause a significant injury at the time of the incident, there were complications that took place the following day when Mr. Bach started to feel pain in his leg.  He went to a local hospital to have the problem checked out.  The doctors at the hospital determined that he had a blood clot. As a result of the blood clot, Mr. Bach developed an infection diagnosed as “capnocytophaga canimorsus”, a type of bacteria that is found in the saliva of cats and dogs.

Mr. Bach Dies

The saliva that went into Mr. Bach’s blood from the dog bite caused a severe infection that resulted in his death.  He died ten days after the incident.

Mr. Bach’s family has sued Conrad Haskins for Bach’s wrongful death.  In the state of Washington, a dog’s owner can be held liable for civil damages if he or she has a dog who is known to be vicious or to attack people.  This is virtually the same standard that exists in the state of New York.

Should you, a family member or loved one be bitten by a dog, you may be entitled to recover monetary damages from the owner.  Feel free to contact the personal injury attorneys at the law office of Elliot Schlissel should you have any questions, at 1-800-344-6431, or by email.

Work place injuries are quite common. They may result in serious injuries and even death. In the event you receive injuries related the your employment, you maybe entitled to compensation for your injuries. If your employer is responsible, workers compensation could provide you with financial remuneration for your injuries. In the event there are other individuals, companies, or circumstances involved you may be able to bring a personal injury lawsuit.

In addition to physical injuries you may suffer psychological and/or emotional injuries for which you may be entitled recovery. In the event an injury leads to your death, your family could be entitled to recovery.

Some injuries can cause permanent disability. Other types of injuries only cause what are known as partial disabilities. A partial disability or impairment may result in your having difficulty performing some aspects of your job. If you receive an injury related to your employment it is very important that you contact experienced knowledgeable attorneys to protect your rights. The New York and Long Island accident attorneys at the Law Office at Elliot Schlissel are here to help you 24/7. Contact us for a free consultation at 1-800-344-6431 or email us.