Tag Archives: Lack

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:


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



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.


LegalZoom.com National Survey Finds Americans Still Lack Basic Protection; Three out of Four Parents Have Not Prepared a Last Will, Leaving Children Unprotected: One in Five Families Cites Guardianship Disagreements as a Deterrent to Preparing a Will

LOS ANGELES (PRWEB) April 19, 2007

Survey: New-Employee Orientation Programs Plentiful, But Lack a ‘Wow’ Factor

St. Petersburg, FL (PRWEB) May 2, 2007

According to a recent survey, most companies dont spend a lot of time orienting new recruits, and their top strategy for wowing them is to hand out items branded with the company logo. The survey, conducted by the Institute for Corporate Productivity (i4cp formerly HRI), also found that although the vast majority of companies have new-employee orientation (NEO) programs, more than one-fifth of them dont bother to track their effectiveness.

Considering the current and future war on talent, a new employees first days are critical when it comes to creating a positive first impression that fosters loyalty, says Jay Jamrog, i4cps SVP of Research. Companies are also missing the boat to not only impress a new employee, but also to build upon the strengths and weaknesses of the employee, which were undoubtedly collected in the selection and assessment process. The future of talent management systems promises to record the competencies uncovered in the selection process, allowing for the early application of learning programs in cases where skill gaps have been uncovered. This is definitely something organizations should keep in mind when planning their NEO programs.

The survey found that a full 86% of the responding companies have a program in place to orient new employees. For about half (46%), the process is done in a day or less, with another 26% wrapping the orientation up in two to three days. As far as offering new employees a wow factor, more than half (54%) rely on company-related items (pens, shirts, pads, binders, folders, etc.), and 12% admit to doing nothing at all.

Getting a new t-shirt is nice, but it seems like there are probably better ways of making an impact on new recruits, says Jamrog. The company should use the opportunity to have new employees communicate and build relationships with leaders in the organization right out of the gate. NEOs also offer a unique opportunity to gather a new recruits impressions of the marketplace and the company.

In other survey findings, when it comes to measuring the effectiveness of their orientation program, 47% of respondents use employee surveys, 20% measure first-year retention and 17% look at performance ratings. Somewhat surprisingly, 22% of polled companies do not track the effectiveness of their NEO programs.

Most companies (81%) turn to the human resources department to administer the NEO programs, but 23% involve multiple departments and 21% include the department to which the new employee will report.

The New Employee Orientation Practitioner Consensus Survey was conducted by the Institute for Corporate Productivity (i4cp formerly HRI), in conjunction with HR.com, in April 2007 and included responses from 597 organizations.

For more information about this study, or to receive a full copy of the results, please contact Greg Pernula at pernula(at)i4cp.com or via phone at (727) 345-2226.

About i4cp, inc.

Building on the 35-year history of its predecessor, the Institute for Corporate Productivity (i4cp, inc.) improves corporate productivity through a combination of research, community, tools and technology focused on the management of human capital. With more than 100 leading organizations as members, including many of the best-known companies in the world, i4cp draws upon one of the industrys largest and most experienced research teams and executives-in-residence to produce more than 10,000 pages annually of rapid, reliable and respected research and analysis surrounding all facets of the management of people in organizations. Additionally, i4cp identifies and analyzes the upcoming major issues and future trends that are expected to influence workforce productivity and provides member clients with tools and technology to execute leading-edge strategies and next practices on these issues and

trends. i4cp is a for-profit company with offices in St. Petersburg, FL.


Kevin Oakes

CEO, i4cp, inc.


(425) 957-0780

This press release was distributed through eMediawire by Human Resources Marketer (HR Marketer: http://www.HRmarketer.com) on behalf of the company listed above.


i4cp Survey Finds Over Half of Employers Lack Leadership and Education on Workplace-Diversity Matters

Seattle, WA (PRWEB) May 21, 2008

A recent study by the Institute for Corporate Productivity (i4cp) found that 53% of companies do not sponsor diversity training in their organizations, 66% do not have specific diversity councils to serve as a watchdog on issues including race, gender, and sexual orientation and 77% do not have affinity groups in place to support minorities.

The study also found that 68% lack a high-level executive who oversees diversity initiatives. And 65% of respondents admit their organizations do not have a global diversity strategy.

Many employers seem to think of diversity and inclusion as simply an EEOC compliance issue, said Eric Davis, i4cps Associate Editor. Employers need to view diversity and inclusion as an important strategy for developing talent. Organizations embracing that concept are more likely to have top-down diversity policies, which include accountability.

According to the survey, when diversity programs are in place, accountability for diversity strategies tends to start at the top. When asked how leaders are held accountable for driving diversity in their organizations, 31% of respondents said CEOs are subject to annual diversity reviews. Twenty-three percent of those surveyed said their CEOs compensation is tied to how well the chief executive carried out the organizations diversity strategy. However, nearly 20% of respondents say their top leadership is not held accountable for ensuring diversity.

Of those companies that have diversity teams in place, 39% say the teams devise diversity strategies for the company, and 33% percent of teams offer companywide diversity training and education.

The Taking the Pulse: Diversity and Inclusion survey which polled 206 organizations – was conducted by i4cp, in conjunction with HR.com, in March 2008. The full results of the survey are now available exclusively for i4cp corporate members.

About i4cp, inc.:

i4cp is the worlds largest private network of corporations focused on improving workforce productivity. Our vendor-free community facilitates innovation by giving our members – among the largest and most respected organizations in the world – access to:

1. Peers to spark new ideas and prevent reinventing the wheel

2. Research to enable members to understand current practices and next practices

3. Tools to put ideas and research into action

4. Technology to enable members to easily access tailored information and execute workforce strategies.

With more than 40 years of experience and the industrys largest team of human capital analysts, i4cp is the definitive destination for organizations seeking innovative ways to improve workforce productivity. For more information, please visit http://www.i4cp.com/ .


Greg Pernula

Director of Research Services, i4cp, inc.

Greg.Pernula @ i4cp.com

(727) 345-2226

Bill Perry

i4cp, inc.

bill.perry @ i4cp.com

(614) 975-7538

This press release was distributed through eMediawire by Human Resources Marketer (HR Marketer: http://www.HRmarketer.com) on behalf of the company

listed above.