New York City

Published on: October 25, 2012

A doctor and his wife, riding in their Jeep were stopped at an intersection

by Stephen Bilkis

A doctor and his wife from Manhattan, riding in their Jeep were stopped at an intersection where they were in line to turn left. As they were waiting for the light, a police car came from the opposite direction. It was travelling at a high speed and when it reached the intersection, the police car skidded and started spinning.

It was the doctor’s wife who first saw the spinning police car. By the time they saw the spinning police car, it was too late to get out of its way. The police car hit the doctor’s Jeep on its left front side. The police car hit the Jeep with such force and momentum that the Jeep started spinning.

The doctor and his wife sustained injuries for which they were hospitalized and rendered unable to work. The police officer who was driving the police car was also injured. He did not have any memory of the car accident because of the head trauma which he suffered.

Published on: October 6, 2012

Based upon this evidence, the Court found that defendant has established a prima facie

by Stephen Bilkis

This involves a case wherein the Court ruled that plaintiff’s injuries did not suffer a “serious injury” in the accident as defined by New York State Insurance Law which led for an order granting defendant summary judgment.

Plaintiff commenced the action against defendant allegedly for personal injuries sustained by plaintiff as a result of a car accident with defendant which occurred on November 20, 2009, at approximately 7:51 p.m., at or near the intersection of Guinea Woods Road and Jericho Turnpike, Old Westbury, County of Nassau, State of New York. The accident involved a 2008 Chrysler owned and operated by plaintiff and a 2003 Volkswagen owned and operated by defendant. It is plaintiff’s contention that the car accident occurred when defendant’s vehicle struck plaintiff’s vehicle in the aforementioned intersection when, defendant’s vehicle, while speeding, made a left turn in the intersection and failed to yield the right of way.

Defendant argued that plaintiff’s medical records establish that plaintiff had a preexisting medical history of lower back pain that pre-dates and is unrelated to the subject accident. Defendant submits that, on January 22, 2004, almost six years prior to the subject accident, plaintiff went to a physician with complaints of back pain from the proceeding year and admitted that the condition originated five to six years earlier. Defendant added that the medical records of plaintiff’s treating physician, further showed that plaintiff had pre-existing spinal injury, lumbar stenosis and pain of his lumbar spine for which he was treating from 2004 through 2006 and again in 2009 prior to the subject car accident.

Published on: September 28, 2012

The Court in deciding the motion said that

by Stephen Bilkis

This is an action to recover damages for personal injuries allegedly sustained by plaintiff in a motor vehicle accident in 2008 within a private parking lot on route 107, near its intersection with Lewis Street, in the town of Oyster Bay, Nassau County, New York. In his bill of particulars, plaintiff alleges that he sustained the following spinal injury and other injuries which are alleged to be permanent: Cervical muscle spasm, cervical radiculopathy, neck pain with upper extremity weakness, lumbar radiculopathy, right and left shoulder pains with numbness and tingling decreased range of motion of the cervical spine, low back pain with lower extremity weakness, subluxation of the cervical spine and lumbar spine, headaches, muscle spasm of the lumbar spine, decreased range of motion of the cervical and lumbar spine, mid back pain, dizziness, inability to sit or stand for prolonged periods of time, difficulty performing everyday activities such as bending, lifting, and sitting, necessity for prescribed pain medications, necessity for physical therapy, sleep disturbances, cervical spine tenderness with restricted range of motion, lumbrosacral spine tenderness with restricted range of motion, necessity for extended physical therapy, unable to perform household chores, loss of enjoy of life.

A source said that, plaintiff was involved in a prior motor vehicle accident in 2002 whereby he injured his neck, lower back, and shoulders. Defendant claims that the spinal injuries plaintiff complains of in this accident are not causally related to the 2008 motor vehicle accident, but rather are permanent spine injuries resulting from the 2002 accident.

Defendant has presented objective medical testing from 2002 in order to establish the preexisting spine injuries at the time of the 2008 accident. The MRI report dated February 25, 2002 of Dr. Richard J. Rizzuti indicated posterior disc bulge at L3-L4 and at L5-S1 impinging on the spinal canal. The report indicated posterior disc bulges at C-5-6 and at C6-7 impinging on the anterior aspect of the spinal canal. Therefore, plaintiff had bulging discs with impingement six years prior to the subject accident. Dr. Spindler states that “any scores falling in the abnormal range recognize a possible entrapment of the nerves and indicate that a problem exists.” More recently, plaintiff’s treating chiropractor, issued a report dated March 16, 2010 in which she opined that plaintiff suffered a permanent consequential disability with regard to his cervical and lumbar spine and is unable to perform his normal activities of daily living as a result of the 2002 accident. Defendant claims that the evidence demonstrates that any permanent and consequential spine injuries and plaintiff’s inability to perform activities of daily living were a result of the prior accident in August 2002 and not the subject accident.

Published on: September 26, 2012

Plaintiff commenced the action with service of a Summons

by Stephen Bilkis

The above entitled action stems from personal injuries allegedly sustained by plaintiff as a result of an automobile accident with defendant occurred on May 16, 2008, when plaintiffs’ vehicle was exiting Northern State Parkway to Route 110 in Melville, County of Suffolk, State of New York. Plaintiff was operating a 2003 Lincoln Town Car which was owned by his employer Executive Limo. Defendant was the owner and operator of a 2001 Chevrolet. It is alleged that the automobile that was being driven by plaintiff was struck in the rear by the automobile being driven by defendant. Defendant claims that the impact was heavy and caused his glasses to fly off and his body to move back and forth inside the vehicle despite the fact that he was seat belted.

A Suffolk Lawyer said that, as a result of the accident plaintiff claims that he sustained the following injuries: Sprain of the anterior cruciate ligament/left knee; Tear in the posterior horn of the medial meniscus of the left knee and may require future surgery; Acromion impingement on the supraspinatous muscle of the left shoulder which may require future surgery; Increased signal in the supraspinatous tendon consistent with tendonopathy/left shoulder; Subligamentous posterior disc herniations at C3-4, C4-5, C5-6 impinging on the anterior aspect of the spinal canal at C3-4 and C4-5 and on the anterior aspect of the spinal cord at C5-6; Subligamentous posterior disc herniations of the lumbosacral spine at L4-5 and L5-S1 impinging on the anterior aspect of the spinal canal, the neural foramina bilaterally and left nerve root at L4-5; Moderate to sever stenosis from L3-L5; Cervical, thoracic and lumbar myofascitis; Lumbar and cervical radiculitis/radiculopathy; Left bicepital tendonitis; Left shoulder derangement; Left knee derangement; Left ankle sprain/strain; Left foot contusion and left plantar fascitis; Cervical sprain/strain; Thoracic sprain/strain; Lumbar sprain/strain; Cervical acceleration/deceleration injury; Myofascitis; Bilateral ulnar motor neuropathy at elbows; Borderline left median motor neuropathy; Right, distal medial sensory neuropathy; Bilateral ulnar sensory neuropathy; Left rotator cuff sprain; Decreased range of motion of the cervical spine; Decreased range of motion of the left shoulder; Myofascitis of the cervical, thoracic and lumbar spine; Left supraspinatus tendinopathy and impingement.

Plaintiff commenced the action with service of a Summons and Verified Complaint. Defendant moves, pursuant to CPLR § 3212 and Article 51 of the Insurance Law of the State of New York, for an order granting her summary judgment on the ground that plaintiff did not sustain a “serious injury” in the subject accident as defined by New York State Insurance Law § 5102(d). Plaintiff opposes defendant’s motion.

Published on: September 24, 2012

With respect to the 90/180 claim

by Stephen Bilkis

The action for damages stems from personal injuries allegedly sustained by plaintiffs as a result of a pedestrian knockdown/automobile accident with defendants which at Albany Avenue, Amityville, County of Suffolk, State of New York. At the time of the accident, plaintiff Mariano Lopez was a pedestrian and defendant Ronnell Davis (“Davis”) was the operator of a 2009 Dodge Charger that was owned by rental a company, defendant ELRAC. Defendant Davis’ girlfriend had rented the vehicle from defendant ELRAC.

A Suffolk Lawyer said that, plaintiff alleged that at the time of the accident, he was a school security guard, and was struck by the front of defendants’ automobile when it was in the driveway in front of the school where he was working. It is alleged that defendants’ vehicle entered the school driveway to drop off a child and was unable to back out of said one-way driveway due to a school bus pulling behind it. Plaintiff contend that, when defendants’ vehicle was moving forward after being blocked by the school bus, it struck him in the area of his right knee, causing him to fall onto the hood of defendants’ vehicle. Defendant Davis argues that his vehicle never struck plaintiff and that the only contact between plaintiff and defendants’ vehicle was when plaintiff placed his hands on said vehicle to prevent defendant Davis from moving the vehicle any further.

As a result of the collision, plaintiff claims that he sustained the following injuries: Lumbar radiculopathy; Cervical radiculopathy; MRI of the lumbosacral spine reveals subligamentous posterior disc herniations at L4/L5 and at L5/S1 impinging on the anterior aspect of the spinal canal and on the neural foramina bilaterally; Right hip sprain; Right knee medial meniscus tear; Surgical recommendation for right knee arthroscopy; Lumbar spine lumbago;Lumbar spine HNP; EMG/NCV testing to the lower extremities revealed right S1 radiculopathy; MRI of the right knee revealed: synovial effusion knee joint, lateral patellar tilt and lateral patellar subluxation with patellofemoral chondromalacia spurring and narrowing lateral patellofemoral joint compartment, medial femorotibial joint compartment narrowing with chondromalacia, strain medical collateral ligament and motion artifact noted. Knee Chondromalacia; Knee internal derangement; Right joint effusion.

Published on: September 21, 2012

On 18 to 19 October 2007, at around midnight

by Stephen Bilkis

On 18 to 19 October 2007, at around midnight, the defendant went to the Island Rock nightclub in Hempstead with his girlfriend, a friend of his girlfriend and another individual. After drinking alcohol at the nightclub, the defendant and the other individual left and went to a nearby parking lot. At that time, the defendant did not appear intoxicated. According to the girlfriend’s friend, the defendant stated in the parking lot that he lost his shit, presumably referring to drugs, and the defendant became upset. The defendant went into the trunk of his car and searched for something. The defendant then began arguing with his girlfriend. At approximately 3:15 A.M., several witnesses heard gunshots, but no one reported having seen the defendant fire a gun. The defendant then angrily ordered the girlfriend’s friend to leave with his girlfriend, which they did, driving the defendant’s girlfriend home. The defendant and the other individual then entered the defendant’s vehicle, with the defendant driving. When police officers arrived at the parking lot only minutes later, at about 3:20 A.M., the defendant had left, and the officers recovered several 9–millimeter shell casings in the parking lot. At approximately 3:30 A.M., the defendant’s vehicle was seen traveling west in the eastbound lanes of the Southern State Parkway at a speed of 70 to 75 miles per hour. According to numerous witnesses, the defendant’s vehicle traveled in the wrong direction from about exit 19 to exit 13, a distance of approximately five miles. A witness observed the defendant driving directly at him while changing lanes. That witness had to immediately pull his vehicle onto the shoulder to avoid a collision. This long Island witness saw that the defendant continued driving the wrong way, and the witness observed the other vehicles on the parkway split apart in order to get away from the defendant. The witness testified that the defendant was steadily going, not braking, nothing; that he was just going; that he was speeding. Meanwhile, another witness, a Police Sergeant was also driving in the proper direction in the left eastbound lane of the parkway. As the Sergeant passed exit 14, he observed the defendant’s vehicle driving towards him at a very high rate of speed, which caused the Sergeant to violently turn his steering wheel to the right to avoid a collision. The defendant’s car came within inches of the Sergeant’s vehicle. According to the Sergeant, the defendant made absolutely no effort to get out of the way. Near exit 13, the defendant’s vehicle, without ever having slowed down, collided with the victim’s vehicle, killing the victim instantly and incinerating the victim’s vehicle. When emergency services and police arrived on the scene and attempted to remove the defendant from his damaged vehicle, the defendant was agitated and his breath emitted a strong odor of alcohol. Following the defendant’s arrest, a blood sample taken from him at 4:49 A.M., just over an hour after the motor vehicle accident, indicated that his blood alcohol content (hereinafter BAC) was 0.19%. After the defendant was removed from his vehicle, the police began conducting an inventory search of the vehicle. The discovery of several 9–millimeter rounds in the trunk, however, transformed the search from inventory to investigatory, during which the police recovered a 9–millimeter semiautomatic pistol, what was later determined to be .395 grams of cocaine (cocaine possession) beneath the front passenger seat, and 41 rounds of 9–millimeter bullets contained in a partially loaded magazine and a box in the trunk. The gun recovered from the defendant’s vehicle matched the shell casings found in the parking lot near the nightclub.

Consequently, the defendant was arrested and charged. On 16 September 2008, the County Court, Nassau County, found him guilty of murder in the second degree, vehicular manslaughter in the first degree, aggravated driving while intoxicated or DWI, operating a motor vehicle while under the influence of alcohol, criminal possession of a weapon in the second degree, and criminal possession of a controlled substance in the seventh degree.

The defendant filed an omnibus motion to suppress physical evidence which was denied by the court. The defendant then appeals from the said decision of the court.

Published on: September 17, 2012

On 16 April 2006, an officer was on routine motor patrol

by Stephen Bilkis

On 16 April 2006, an officer was on routine motor patrol in Levittown, County of Nassau in the State of New York. At approximately 12:55 a.m., he received a radio assignment to respond to an automobile accident/motor vehicle accident at the intersection of Hempstead Turnpike and Wolcott Road. Upon arriving at the scene, the officer testified that he observed two vehicles which had obviously been involved in an accident. One vehicle had rear end damage and the other vehicle had extensive front end damage. The officer first approached the vehicle with extensive front end damage, a Saturn Sports Utility Vehicle. The officer asked the individual seated in the driver’s seat of the Saturn, the herein defendant, if he was ok and what happened. The defendant stated that he was driving his car when he hit the other vehicle. The officer testified that the Defendant had glassy bloodshot eyes and spoke with slurred speech. The officer also detected the odor of an alcoholic beverage emanating from the vehicle. The officer asked the defendant if he had anything to drink. The defendant stated that he had Martinis. Upon the defendant exiting the vehicle, the officer indicated that the defendant had difficulty maintaining his balance. Thus, the officer reached the conclusion that the defendant was intoxicated, Driving While Intoxicated or DWI, and arrested him at approximately 1:15 a.m. The defendant was then transported to the Nassau University Medical Center for a medical evaluation.

With the officer en route to the hospital, he contacted the Nassau County Highway Patrol Bureau to request that a Highway Patrol Officer respond to the hospital with a blood kit. The purpose of the blood kit was to take a blood sample from the defendant for the purpose of testing it for the presence of alcohol. The officer testified that a Nassau County Highway Patrol Officer eventually responded to the hospital with a blood kit. The officer testified that the patrol officer requested that an emergency room nurse draw a sample of the defendant’s blood. The officer indicated that he observed an emergency room nurse draw the defendant’s blood and the sample was sealed in the blood kit box provided by the patrol officer. The officer then took custody of the blood kit.

Consequently, the defendant is charged with one (1) count of violating the Vehicle and Traffic Law, Driving While Intoxicated or DWI as an Unclassified Misdemeanor.

Published on: September 3, 2012

This action arises from a motor vehicle accident

by Stephen Bilkis

This action arises from a motor vehicle accident which occurred at or near the intersection of Hempstead Turnpike and Lincoln Road, Franklin Square, County of Nassau, State of New York. The accident involved two vehicles, a 1998 Mercedes Benz owned and operated by plaintiff and a 1994 Ford Pick-Up Truck owned and operated by defendant. Plaintiff commenced the action by the filing and service of a Summons and Verified complaint for damages.

A Lawyer said that, it is plaintiff’s contention that at the time of the car accident his vehicle was stopped at a red light on Hempstead Turnpike, and had been so for approximately ten seconds, when it was violently struck in the rear by defendant’s vehicle. In his Affidavit in Support of his motion, plaintiff states, there is nothing to my knowledge and belief that I could have done to avoid this truck accident. My actions of obeying the New York State Vehicle and Traffic Laws were obviously no factor in causing this accident. Based upon Defendant’s conduct and the physical objective facts, it is clear that the Defendant’s negligence was the sole cause of this truck accident and that the Defendant’s conduct fell well below the standard of reasonable care that one should employ and utilize when operating a motor vehicle within the State of New York.

Plaintiff moves, pursuant to CPLR § 3212, for an order granting partial summary judgment against defendant on the issue of liability upon the ground that there are no triable issues of fact and that, as a matter of law, plaintiff is entitled to such judgment; and, upon granting summary judgment, for an order setting this matter down for an assessment of damages. Defendant opposes the motion.

Published on: September 1, 2012

On 12 March 2010, at approximately 9:15 a.m. on Albany Avenue

by Stephen Bilkis

On 12 March 2010, at approximately 9:15 a.m. on Albany Avenue, Amityville, County of Suffolk, State of New York, personal injuries were allegedly sustained by plaintiffs as a result of a pedestrian knockdown or automobile accident with defendants. At the time of the automobile accident, plaintiff was a pedestrian and defendant individual was the operator of a 2009 Dodge Charger that was owned by a rental company, the defendant corporation.

Defendant individual’s girlfriend had rented the vehicle from the defendant corporation.

Allegedly, plaintiff who was a school security guard was struck by the front of defendants’ automobile when it was in the driveway in front of the school where plaintiff was working. Defendants’ vehicle entered the school driveway to drop off a child and was unable to back out of said one-way driveway due to a school bus pulling behind it.

Published on: August 30, 2012

On 3 September 2008, on South Oyster Bay Road

by Stephen Bilkis

On 3 September 2008, on South Oyster Bay Road, at or near its intersection with Ontario Avenue, Plainview, County of Nassau and State of New York, a motor vehicle accident occurred. As a result, a negligence action was brought to recover damages for the personal injury allegedly sustained by plaintiff. It is alleged that the County, its agents, servants or employees, were negligent, reckless and careless when they permitted a defective, unsafe and dangerous condition to exist and in failing to provide proper signage or sufficient warning to motorists with regard to an approaching lane closure, causing plaintiff to swerve to avoid the closed-off lane and hit a vehicle in on-coming traffic. Plaintiff and the County stipulated to include another defendant who performs the tree maintenance adjacent to highways as well.

Both defendants move for summary judgment dismissing plaintiff’s complaint on the grounds that plaintiff’s own culpable conduct and negligence was a substantial cause of the events that produced her injuries.

The Ruling: