Tag Archives: Accident

TELS Attorneys Win Rare Motion for Summary Judgment on Lack of Proximate Cause in Playground Accident

Hawthorne, NY (PRWEB) September 7, 2006

Traub Eglin Lieberman Straus LLP (TELS) announced that it was granted a rare summary judgment on the issue of proximate cause, arising from a playground accident involving a five year old child.

The Plaintiff in this case was playing in the school yard during a recess break. While running, she tripped and fell, striking her face on the raw timber base of a temporary construction fence located on the playground. The Plaintiff and her parents subsequently brought suit against the adjoining property owner and the fence contractor. In their lawsuit, they alleged improper and inadequate care, installation and maintenance of the temporary fence. They also claimed that the fence constituted a dangerous and hazardous condition on the playground.

Rob Nobel and Lisa Black of TELS represented the fence contractor, which had originally been retained by the adjacent building owner. During their investigation, Nobel and Black determined that the Plaintiff’s trip and fall was not caused by any object on the playground. After developing a favorable factual record, they brought a motion for summary judgment before the court. In the motion, they argued that the fence was not a proximate cause of Plaintiff’s injuries. In fact, the Plaintiff fell because she was running and lost her balance, and gravity took care of the rest.

The Plaintiff and her parents countered that young children were expected to run and fall on playgrounds, and that because the fence was physically located on a playground, it was logical that children could be expected to make contact with the fence. The playground was already equipped with a rubber safety surface, designed to protect falling children. Plaintiffs produced an expert engineer who determined that protective, shock-absorbing covering should have also been applied to the timber base. The Plaintiff’s expert further claimed that, but for the Defendants’ installation of the fence with the timber base, the Plaintiff would have fallen on the rubber safety service.

The court disagreed with the Plaintiffs assertion, finding that the Defendants did not bear responsibility in this case. Although proximate cause is frequently considered to be an issue of fact, the court agreed with TELS’ position and granted summary judgment for the Defendants stating, “… the immediate effective cause of [Plaintiff’s] injuries was her fall, due to factors unrelated to the fence.”

The case involved was Levinger, et al. v. The City of New York, et al. (Supreme Court of the State of New York, County of New York, Index Number 102236/01).

TELS congratulates Mr. Nobel and Ms. Black for their success in this rare type of summary judgment. For more information on Mr. Nobel, a partner with TELS, please visit:

http://www.tels.com/profiles/robertnobel/

And to learn more about Ms. Black, an associate in the law firm’s New York office, please review her C.V. online at:

http://www.tels.com/profiles/lisablack/

ABOUT TELS

Traub Eglin Lieberman Straus LLP (TELS) has achieved a national reputation for excellence in legal representation. Our philosophy is to provide quality legal representation in an expeditious and efficient manner. Our emphasis on client service, as well as our reputation in the legal community, has served our clients and the firm well. TELS has been recognized by many, including Martindale-Hubbell, for outstanding legal ability and ethical standards. For more information, visit us online at http://www.tels.com.

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LegalView Proud to Announce Forthcoming Re-Launch of Its Auto Accident Portal as Congress Considers Auto Safety Legislation

Denver, CO (PRWEB) October 29, 2007

As the Kids and Cars Safety Act goes before Congress, LegalView offers soon to be a soon to be re-tooled auto accident portal with a wealth of automotive injury guidance.

An Arizona toddler was struck and killed by his father’s Ford Expedition on Sept. 30th in Queen Creek Arizona. The father believed the child was inside the house at the time. This tragedy points out the importance of a bill currently under debate in the U.S. congress that is designed to address important child automotive safety issues..

The Cameron Gulbransen Kids and Cars Safety Act was introduced in the House and Senate in February 2007. The bill is named after a New York boy who was run over in 2002, and the bill’s authors cite a 2002 Centers for Disease Control and Prevention (CDC) study (July 2000-June 2001) that reports that over 9,160 children were treated in hospital emergency rooms due to non-traffic incidents. According to the bill’s sponsors and authors, this alarming trend indicates the necessity of legislation more focused on protecting basic child safety around automobiles.

The bill, co-sponsored by Sen. John McCain (R-Ariz.), would direct the Secretary of Transportation to establish federal standards on automobile safety devices for children. The debate generated by this bill points out the possible dangers of automobiles for children, and any Americans who may have been negatively affected by a tragic child auto accident may need the advice of an auto accident lawyer to protect themselves and provide recourse against unsafe automotive products. It is always important to have all the current information concerning important child safety and automotive safety issues. It is for this reason that LegalView.com would like to remind readers that it maintains a comprehensive online collection of legal information at its automobile accident information portal, which is offered free to the public. Additionally, to better serve the needs of the American public, LegalView is proud to announce that it will soon be re-launching it auto accident portal with even more information relating to automotive safety, including child safety.

The automobile accident portal site revamp will include additions to the collection of original articles, and new posts to the auto accident blog which will focus on child safety. This new content will sit alongside current collections of information on jury verdicts and settlements related to auto accidents, a glossary of auto accident terms, a video library and an attorney referral service to help families and victims get counsel from an experienced auto accident law firm.

LegalView.com’s free information is not limited to car safety, however. Visitors can browse many other portals addressing issues that are important to contemporary America, including resources to help individuals get in contact with a brain injury lawyer, a mesothelioma law firm, or a construction accident attorney. All of these portals, and LegalView.com’s other portals, contain legal resources, basic information, links to useful books and web sites, guides to medical and industry jargon, and more. And those who are interested in speaking to a lawyer can also take advantage of LegalView.com’s free online attorney referral service, which matches potential clients with experienced attorneys in their areas of interest.

LegalView.com is a free public service brought to you by Legal WebTV Network, LLC, a Limited Liability Corporation formed by the nation’s most distinguished law firms: Anapol Schwartz; Brent Coon and Associates; Burg Simpson; Cohen, Placitella and Roth; James F. Humphreys and Associates; Lopez Hodes; and Thornton and Naumes. For more information on the accomplishments and track records of LegalView.com’s well-regarded sponsoring law firms and to get in touch with LegalView attorneys, visit LegalView at http://www.legalview.com/.

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Part 1: New Jersey Car Accident Lawyers at Console & Hollawell Warn of Teen Drinking & Driving in Recognition of National Teen Driver Safety Week


Marlton, New Jersey (PRWEB) October 15, 2012

October 14 through the 20th marks National Teen Driver Safety Week and in observance of this, the Toms River car accident attorneys at Console & Hollawell want all parents and teens to be aware of safe driving practices that could save your life. Console & Hollawell is doing a five-part series in honor of this national service:

Arizona Personal Injury Law Firm Breyer Law Offices, P.C. Expands Chandler Injury Accident Resource Center


Phoenix, AZ (PRWEB) October 25, 2012

The expanded Chandler personal injury accident resource center from the Breyer Law Offices, P.C. provides visitors with insightful knowledge on their rights as injury victims and what legal actions can be taken in order to recover from their accident.

Insight and Understanding for Injured Chandler Residents

Found online, the Chandler injury accident resource center by the Breyer Law Offices, P.C. provides detailed yet easy-to-understand information on a wide variety of accidents. Even with due care and caution, Chandler residents can be injured in a wide variety of accidents, each with their own serious effects. Visitors to the resource center will find new valuable information concerning bus accidents, child injuries, pedestrian collisions, pool accidents, and traumatic brain injury.

Victims injured in an accident will have to cope with a wide variety of complications, both with their injuries and Arizonas laws concerning personal injury lawsuits. To help visitors better understand their rights and the difficulties they may be facing, newly added web pages include information on Arizonas personal injury laws; the process of seeking compensation; coping with a childs injuries; seeking proper medical attention; the dangers of swimming pools; short-term and long-term effects of brain injuries; liability for bus accidents; and the recovery process for pedestrian victims.

Complications from Personal Injury Accidents

Victims of personal injury accidents in Chandler are often left with major physical injuries that lead to both financial complications and emotional turmoil. Recovering from these damages can be difficult in many different ways; however, victims injured in an accident caused by another party have the right under Arizona law to pursue payment for all damages from the accident. Unfortunately, negotiations with an at-fault partys insurance provider can be problematic for even the most obvious of incidents, with insurance providers actively seeking to disprove claims and reduce the amount of compensation they must pay. Only through irrefutable evidence, witness testimony, and skilled legal representation can a personal injury claim become a complete success.

Devotion to the Wellbeing of Chandler Residents

Chandler personal injury attorneys Mark and Alexis Breyer of the Breyer Law Offices, P.C. have dedicated their careers to protecting the rights and livelihood of Arizona residents injured by other parties wrongful actions. A track record of success has brought recognition to the Breyer Law Offices, including a rating of Superb 10/10 by Lawyer Rating Service and ranking as one of the Top 100 Trial Lawyers by the American Trial Lawyer Association. But most of all, years of success have given the legal team at the Breyer Law Offices the skills, resources, and experience to effectively and successfully represent the victims of a wide variety of personal injury accidents in their search for compensation and the chance of full recovery.







The Cochran Firm Ohio Reports on Criminal Indictment in Car Accident that Took Life of 3-Year-Old Westwood Boy on October 8th


Columbus, OH (PRWEB) October 27, 2012

The Cochran Firm – Ohio, a leading full service, personal injury law firm with offices in Cincinnati and Dayton, reports that a criminal indictment has been entered against the driver implicated in the death of a 3-year-old Westwood Boy, Rodriquez Taylor. On October 24, 2012, a Hamilton County grand jury indicted 35-year-old Sheba Basabose on two counts of aggravated vehicular homicide and one count each of aggravated vehicular assault and vehicular assault. According to a report from Cincinnatti.com, if convicted, Ms. Basabose faces a maximum prison sentence of 12 1/2 years.

[Hamilton County Courthouse in Cincinnati, OH | Case Number B 1206979]

http://news.cincinnati.com/article/20121024/NEWS0107/310240063/Westwood-woman-indicted-child-death

“It is our understanding that the Hamilton County Prosecutor’s Office is doing their due diligence to investigate this incident. With their efforts in addition to ours we are confident that we can bring peace of mind to the family of Rodriquez Taylor and his mother, Jocelyn Austin,” said Ms. Austins attorney, Sean Walton Jr. of Cochran-Ohio.

According to a report from Cincinnati.com, Ms. Austin was walking with her three children on the east side of McHenry Avenue en route to their babysitter just before dawn on the morning of October 8th. Ms. Austin was pushing Ricardo in his stroller, while Rodriquez and his 5-year-old brother, Robert Taylor Jr., were holding on to her hands, when a car suddenly careened toward them. Rodriquez was rushed to Cincinnati Childrens Hospital Medical Center, where he was pronounced dead. Ms. Austins and Ricardos injuries were not life-threatening. Robert was the only member of the family who escaped the accident without being hurt. According to a report by Fox19.com, a 2000 Honda Accord driven by Ms. Basabose had flown out of control and crossed the center line behind Ms. Austin and her children. The car slammed into a utility pole before hitting the family. The vehicle only came to a stop after it hit a fire hydrant.

http://news.cincinnati.com/article/20121009/NEWS01/310090083/Toddler-s-mom-hurts-bad-

http://www.fox19.com/story/19902810/woman-indicted-for-hitting-killing-toddler

“This was a tragic incident that resulted in the death of a child and the devastation of a family. It is our job to represent the family and ensure that both justice is served and the family is allowed to move forward the best way they can, said Michael L Wright, Cochran-Ohio. The family of Rodriquez Taylor has retained The Cochran Firm Ohio in the wake of this tragedy.

Unfortunately, the tragedy that has befallen Ms. Austin and her family is far from an isolated incident. According to the Ohio Department of Public Safety, pedestrians were involved in more than 2,000 motor vehicle crashes on Ohio roads and highways in 2011. Those accidents resulted in 91 deaths and 2,210 injuries. If you or someone you love was injured in an Ohio car accident, it is vital you retain a skilled attorney to ensure your legal rights are protected. If you are seeking personal, dedicated and aggressive legal representation in the wake of a pedestrian accident or other motor vehicle crash, please contact The Cochran Firm today by visiting cochranohio.com, or call (513) 381-HURT.

http://www.publicsafety.ohio.gov/links/2010CrashFacts.pdf

About The Cochran Firm – Ohio

The Cochran Firm – Ohio, is a leading full service, personal injury law firm with offices in Cincinnati and Dayton that handles personal injury cases throughout all of Ohio. Founded over 40 years ago by famed attorney, Johnnie L. Cochran, Jr., The Cochran Firm – Ohio, has established itself as one of the premier personal injury law firms in the United States and has been recognized for delivering successful results to their clients across a broad range of claims stemming from car / auto accidents, personal injury, wrongful death, medical malpractice, nursing home abuse, premises liability, and product liability lawsuits. For over 40 years, The Cochran Firm – Ohio’s team of highly experienced lawyers have continually fought for justice for all its clients. If you’ve been injured call Ohio’s leading full service law firm “The Cochran Firm – Ohio” today at 513-381-HURT.

Contact:

The Cochran Firm – Ohio

Call 513-381-HURT

The Cochran Firm Cincinnati, Ohio

119 E. Court St. Suite 102

Cincinnati, OH 45202

Phone: 513-381-HURT

The Cochran Firm Dayton, Ohio

130 West Second Street, Suite 1600

Dayton, Ohio 45402

Phone: 513-381-HURT







Car Accident Victims: Block O’Toole & Murphy, LLP Releases Step By Step Guide After Recent $2,925,000 Settlement


New York, NY (PRWEB) April 30, 2013

The car accident personal injury lawyers at Block OToole & Murphy, LLP are pleased to announce a $ 2,925,000 settlement for a 42 year old factory worker who was broadsided by a school bus that ran a stop sign. The case was settled on March 13, 2013, and the Plaintiff sustained back injuries for which he underwent two spine surgeries. The case was pending in New York Supreme Court, Bronx County under Index Number: 304016/2010.

Car accidents can be very sudden and scary events that can cause life-altering injuries to yourself of your loved ones. Block OToole & Murphy, LLP is a New York personal injury law firm that has represented those seriously injured in motor vehicle accidents for years, and therefore has a great deal of knowledge to impart to recent car accident victims. A car accident victims health and safety are the top priorities after an accident, but there are other important steps a victim should take to protect their rights before and after a car accident takes place. Too often, our experienced personal injury trial lawyers will speak with a car accident victim and they have a blank look on their face when they are asked simple questions. The look is followed by something akin to “How was I supposed to know what that?” There are important steps that every driver should familiarize themselves with before stepping into a car. Some are easy to remember but we get complacent and need to be reminded about how critical safety is.


Always make sure you have valid automobile insurance. Make sure your insurance information and car registration is in the car at all times. Make sure the coverage amount is sufficient.

Make sure you and any passengers use a seatbelt or other restraining devices in the car to minimize your injuries in the event you are in an accident.

After the accident try and remain calm. Move your car out of traffic but if possible try to photograph the positions of the vehicles before any vehicles are moved.

Assess your injuries and the injuries of any passengers in your car.

Call 911 or ask a witness or passerby to call for help and advise the operator if you need emergency medical assistance.

If you are able to get out of the car, do so carefully. Assess the damage to your car and the other car involved.

Speak with the other driver and get their version of the accident. Speak with any witnesses to the accident and get their contact information.

Take pictures of the property damage to the cars involved.

Wait until the police arrive and speak with an officer about how the accident took place. Ask the police officer how you can get a copy of the police report.

Allow the emergency medical service team to assist you if you are injured. Tough guys finish last when it comes to a car accident. Injuries often take time to develop. Better to be safe than sorry.

Contact your insurance company to report that you have been in an accident. Request a No Fault insurance application to cover your medical expenses.

Return the No Fault Application to your insurance company immediately, but no more than 30 days after the accident to preserve your right to be reimbursed for medical expenses and lost wages.

Contact an auto repair shop and ask if they work with your insurance company and if they are familiar with repairs for the make and model of your car.

If you are still in pain after the accident, go to a hospital or follow up immediately with your primary care doctor and ask for advice on medical treatment that might be necessary such as physical therapy.

Detail your physical complaints to a qualified physician. Don’t exaggerate your symptoms and don’t minimize them. Play it straight; this is your body.

Create a separate folder for the accident where you can keep a copy of all documents.

Contact an experienced, qualified attorney that handles personal injury cases for victims involved in car accidents.

In reviewing different attorneys, check their results and compare them. You don’t want a lawyer learning the ropes on your case.

Block O’Toole & Murphy has a team of experienced and dedicated trial attorneys dedicated to helping victims of car accidents. To learn more about the experienced trial attorneys at Block O’Toole & Murphy, please review our firm website at http://www.blockotoole.com. For a free consultation you can call us at 212.736.5300.

Below are some more examples of Block OToole & Murphy successes in helping victims involved in car accidents. More results can be found on the firms website:

$ 32, 756,156 for Injured Pedestrian (New York State Supreme Court, Suffolk County, Index Number: 23177/2005)http://www.blockotoole.com/Verdicts-Settlements/32-756-156-for-Injured-Vietnam-Vet.shtml

$ 14,000,000 for Motorcyclist Hit by Truck (New York State Supreme Court , Nassau County, Index Number: 016655/2002)http://www.blockotoole.com/Verdicts-Settlements/14-000-000-for-Motorcyclist-Hit-By-Truck.shtml

$ 12,000,000 for Child Injured in Car Accident (New York State Supreme Court, Kings County, Index Number: 12586/2005)http://www.blockotoole.com/Verdicts-Settlements/12-000-000-Awarded-to-Car-Accident-Victim.shtml

$ 9,263,326 for Backseat passenger Injured in Car Collision (New York State Supreme Court, Kings County, Index Number: 28477/2002)http://www.blockotoole.com/Verdicts-Settlements/9-263-326-for-Man-Injured-in-Car-Collision.shtml





Novastris spells out benefits of personal accident insurance compared with life insurance


(PRWEB UK) 6 May 2013

novastris is making customers looking for life insurance aware of their new personal accident insurance product which can offer additional benefits to a life cover policy.

Typically, life insurance pays out a sum of money either on the death of the insured person or after a set period and can pay off your mortgage, cover any outstanding debts or cover your funeral costs.

With decreasing term life insurance, for example, you can choose the rate that your cover amount decreases at to ensure your policy will always pay out enough to pay off your decreasing mortgage or any other debts you may have.

In a similar way to life insurance, novastris personal accident cover can provide much needed financial protection for loved ones you leave behind in the event of your accidental death. This includes a tax-free cash lump sum from a minimum of

U.S. Pest Protection Employee Saves Couple and Infant from Truck Accident


Nashville, Tenn. (PRWEB) May 15, 2013

Last week, Nathan DeLoyola from U.S. Pest Protection was not just busy helping save peoples homes from termite infestations, but also saving people from the dangers of the roadway. DeLoyola and another highway Good Samaritan were able to help two adults with an infant escape their truck before it flipped over after pulling off to the side of the road.

While traveling down Highway 25 just outside of Gallatin, Tenn., DeLoyola came across a couple stranded on the side of the road after one of their truck tires experienced a blowout. Inside the truck sat a couple and their infant. As the truck began to flip, DeLoyola and another motorist took quick action to hold down the truck giving the couple time to safely exit the vehicle with the baby.

DeLoyola was a bit embarrassed by the attention stating, “I did the right thing, I guess. I just did what I felt was necessary.”

U.S. Pest Protection commended DeLoyolas efforts as courageous.

We are extremely proud of what Nathan did for those two people and small child, stated U.S. Pest President Erica Brister. This is something we wish we saw a lot more of these days people going out of their way to help strangers. We like to think that this sense of selflessness and personal responsibility is something that all of our pest and termite control specialists display each and every day. It is part of our pledge to help build better communities through service.

After the couple and child were safely clear of the car, DeLoyola continued onto his next job to finish out what was a truly eventful work day. The situation lends even more evidence to the truth behind U.S. Pest Protections commitment to doing the most good for their community, whether through professional pest and termite control in Tennessee or simple random acts of kindness.

About U.S. Pest

For more than 27 years, U.S. Pest has proudly serviced over 15,000 homes around Middle Tennessee and is rated the number one pest and termite company in Tennessee. U.S. Pest Protection offers a wide range of pest and termite control services for commercial and residential customers all across Tennessee with offices in: Nashville, Madison and Hendersonville.