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Bowling Alley Negligence

personalinjurypic-150x150Miss 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 Offices of Schlissel DeCorpo 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.

Medicaid and Legal Malpractice

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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.

blog2-150x150Reducing 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.

Innocent Bystander Shot by Police Can’t Sue NYC

police.bmpRichard 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 cases. Slip 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 Law Offices of Schlissel DeCorpo. You can reach us 24/7 at 1-800-344-6431, 516-561-6645 or 718-350-2802.

Blinded Golfer Incident

golf-150x150Dr. 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 se 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.

New York Medical Examiner Sued For Keeping A Brain

coronerJesse 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 Offices of Schlissel DeCorpo at 1-800-344-6431, or by email.

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