Hit and Run

Published on: August 27, 2012

The defendants claim that there is no objective medical evidence

by Stephen Bilkis

A man was involved in a car accident in 2002 and he sustained injury in his shoulders, neck and back. According to an MRI report his spinal injury involved bulging discs that impinged his spinal canal. He received treatment and therapy for his injury and he also received compensation for the spinal injury he sustained when he missed work for the days of his confinement until he recovered from his injury.

In 2008, the man figured in another motor vehicle accident. He filed a suit for damages from a personal injury he sustained when he injured his back, shoulders and neck. He claims that he is in constant pain; he has lost strength in his arms; he has lost the full range of motion in his back and neck; and cannot perform his regular daily tasks and perform his regular work.

The man sued the defendants who were owners of the motor vehicle that figured in the accident as well as their insurer. He claims that he sustained serious injury for which he demands compensation under the Insurance Law.

Published on: August 22, 2012

At the time of the accident, claimant was 53 years old

by Stephen Bilkis

At the time of the car accident, claimant was 53 years old, with a medical history that included a heart attack, and treatment of high blood pressure. As she was driving at or near highway speed with two of her grandchildren in the back seat, a chunk of concrete measuring approximately 9″ x 12″ x 6″ hit the front hood of her car, penetrated the windshield, hit the steering wheel, and then struck claimant on the left side of her forehead, rendering her unconscious. Claimant’s car drifted off the right side of the roadway, eventually striking a tree beyond the right shoulder of the roadway and coming to rest. At the time of the accident, claimant was wearing a lap belt with a shoulder harness seatbelt.

Claimant regained consciousness while she was still in her car. Her first memory after the accident is of regaining consciousness while lying halfway on her back, seeing a large hole in the windshield, reaching for a tissue because there was blood in her eye, and realizing that she was being attended to by another person. Claimant inquired many times about the safety of her grandchildren before again losing consciousness. Thereafter, claimant was brought in the emergency room at Albany Medical Center (AMC).

A source said that, claimant was admitted to AMC, and was treated by neurosurgeon Dr. John Waldman. Initial CT scans of claimant’s skull taken the day of the accident indicated that she had suffered numerous skull fractures in the area of her left eye socket involving the forehead bone behind her left eyebrow, the bones of the outer upper part of the eye socket, the roof of the eye socket, and the upper part of the eye socket near the temple, as well as fractures of the bones along the left side of her sinuses behind her nose. In addition, the initial CT scans indicated a small epidural hematoma (i.e. a blood clot between her skull and the dura, the fibrous material that covers and protects the brain), a traumatic subarachnoid hemorrhage (blood in the fluid between the brain and the dura), and bloody fluid in the ethmoid sinus. The CT scans also revealed pneumocephalus (air inside the skull cavity), indicating that the dura may have been torn at the time of the head injury. The CT scans also indicated that claimant had sustained trauma in the area of the skull where the olfactory nerve (the nerve that senses odors) is located. In addition, claimant had a deep laceration of approximately two inches on her forehead above her left eyebrow.

Published on: August 11, 2012

This is a case involving a car accident and personal injury claims

by Stephen Bilkis

According to reports received by a New York Car Accident Lawyer, this is a case involving a car accident and personal injury claims. Carlos Roldan and Carmen Torres filed a case against the County of Suffolk police Department. According to their testimony, on January 21, 2004 at about 2:30 in the afternoon, Roldan and Torres from Nassau County were passengers on a vehicle owned and driven by Jose Lopez-Nieves. They were driving along Washington Avenue and Express Drive South. They stopped at a red light at the intersection when the accident happened.

Roldan testified that while their vehicle was at stop along the intersection of Washington Avenue and Express Drive South, they were hit by an oncoming police car owned by Suffolk County Police Department and driven by Theresa Brondtman. It was after found out that the Police Car was also involved in a collision with another vehicle operated by Joseph G. Sorgie, Jr. and owned by Laura A. Sorgie.

Still according to the report, Suffolk County Police Department argued that Brondtman was operating the police car under official duty and was on her way to respond to a distress call. She further told the court that when she received the police radio call about a stabbing on Fifth Avenue, she turned on the siren and full lights and proceeded to the scene of the crime. Upon reaching Washington Avenue, Brondtman slowed down and observed the oncoming traffic. She proceeded when she established that at the moment, one part of the street was one-way-traffic. She drove no more than 20 miles per hour when suddenly a vehicle collided with Brondtman sending her spinning about 180 degrees before finally colliding with the white van where Roldan was a passenger. After the accidents, Brondtman stayed inside her vehicle and called for backup.

Published on: August 8, 2012

The said car was a red Chevrolet

by Stephen Bilkis

According to reports that reached a lawyer this is a case about two intoxicated males from Manhattan who are driving a vehicle despite of being under the influence of alcohol. The said car was a red Chevrolet which was allegedly parked while the driver went out to get something from a store while the other male companion stayed inside the car. The incident happened at about 7 o’clock in the evening of October 2, 1971.

The two people involved in the said car accident were Wenceslao, who was the driver and Marzulli, the passenger who allegedly made the vehicle move while parked in front of a store. According to the story, Wenceslao parked the red Chevrolet in front of the store to grab something. While parked, Marzulli stayed inside the vehicle and waited for Wenceslao. Based on accounts that reached a source, Marzulli was seen trying to get to the driver’s side of the vehicle. He was seen somewhere in the middle of the passenger side of the car when it began moving backwards. It was also accounted that at that time, there was no engine being started was heard in the vicinity. It was also noted that the street was levelled enough for a car or any vehicle to stay parked at any given time. The car began moving until it hit another car which was parked a few feet away from where the red Chevrolet was originally parked. Wenceslao immediately came out of the store just in time to see the accident happened. He apparently ran to his car and confronted Marzulli on what happened. After the brief exchange of words between the two men, Marzulli went back to the passenger’s seat and Wenceslao got on the Chevy and drove off, leaving the scene of the accident.

Meanwhile, Police Officer Mulvihill was in the area and saw everything that happened. He then followed the red Chevrolet driven by Wenceslao and stopped the men three blocks away from the scene of the accident. The men were taken to the station and were charged with leaving the scene of an accident wilfully. Marzulli testified that we was indeed intoxicated at that time but claimed he did nothing to make the car move while it was parked. He said that he tried to stop the car, stepping on the accelerator instead of the break in the process, after he felt that it started to move by its own. But his claims were contradicted by the police officer as well as by Wenceslao. It was fortunate, according to a Personal Injury attorney that nobody was injured in the said incident.

Published on: July 30, 2012

English Car Crash Victim Awarded 3.6 Million Pounds

by Stephen Bilkis

A car accident victim from Birmingham in the United Kingdom, has been awarded 3.6 million pounds in damages, about $5.8 million in United States dollars, according to report.

The 39-year-old victim struck his head against the steering wheel of his car when another vehicle rear-ended him back in 2008, causing brain damage.

The victim’s attorney has said that such a large settlement was necessary, so the victim could live as normal a life has possible.

Published on: July 23, 2012

In an almost movie-like event Angela I. Jansen was injured

by Stephen Bilkis

In an almost movie-like event Angela I. Jansen was injured because her vehicle was hit by the car of a fleeing suspect. What happened was, in February 14, at around 10:45 in the evening, Trooper James E. Maring of the New York State Police received a radioed message that a Buick had been stolen. Trooper Maring proceeded to the street where it was reported as stolen and watched out for the automobile. He sighted it with a male driver and proceeded to pursue it. He radioed in order to confirm if it was the stolen vehicle, and it was. A witness said that from the information he got about the car chase the driver headed south while being trailed by the police. At some point, Trooper Richard C. Peck who was in the process of filling up his police car with gas noticed the Buick being followed by a police vehicle. He joined Trooper Maring in the pursuit. A third officer joined the chase before they reached the intersection where Mrs. Jansen’s car was hit. He was identified as Trooper McLaughlin.

The police officers had established a plan to box in the suspect. To do this one of them had to overtake the Buick. They were going more than 50 mph so that one of them can be in front of the pursued car. According to Mrs. Jensen, she stopped at the intersection because she had to turn left on Bailey road that intersects with Route 11 where the police was chasing the Buick. Before she had the chance to turn, a cop said, she already noticed the police lights. She just stayed where she was. The Buick hit their car in turning and the impact caused Mrs. Jensen to hit various parts of the car that had injured her. She had to undergo medical treatment for them.

A Lawyer found out that Mr. Gunter Jansen and Mrs. Jansen filed a case against the State of New York with the alleged negligence of the police officers with the pursuit. In the investigation, it was found that the police cars did not hit Mrs. Jansen’s car directly. The courts in New York City and Westchester though looked at the event as it progressed. The court determined that the police officers had the chance to shoot the tires of the Buick that would have slowed it down at least.

Published on: May 27, 2012

Traffic Stop Police Officer Assaulted

by Stephen Bilkis

The police were extremely busy over the weekend. One police officer was first assaulted between the hours of 8 to 8:30 PM while he was at a traffic stop. The police also needed to respond to a traffic accident in the area. The crash was so serious that the driver needed to be cut free from the vehicle, explains the report.

The driver was a middle aged man who came from East Greenwich. He lost control of his vehicle and flipped it several times when it came to rest on its roof. After the emergency services arrived on the scene they managed to cut him free from the vehicle using the Jaws of Life. He was then transported by ambulance to Rhode Island Hospital where he is still undergoing treatment for his injuries.

The exact cause of the crash is not currently known as it is still being investigated. However, the police believe that excessive speed is likely to be the main cause of the accident. The driver is thought to be in a stable condition, however his condition has not been released by the police, says the source.

Published on: May 22, 2012

Suspect Fires at Officers and Crashes Car

by Stephen Bilkis

Fortunately nobody was seriously injured in a firefight between police and a robbery suspect. The police officer opened fire when he was in fear of his life, explains a witness.

Police were informed about the robbery and a police officer responded at around 4 PM. The police officer saw the suspect holding a gun at an employee of the bank. According to the report read by the reporter in Queens, the suspect then turned and pointed the gun at the officer. The gun was fully loaded and ready to be fired. This action caused the officer to fire his weapon.

When police fired the suspect – a 19 year old male – then dropped his weapon and ran out of the building through a back exit. Police are thankful that he did not return fire as this could have put the lives of hostages and the police officer in danger.

Published on: April 19, 2012

Maryann Agudio and an eight-year-old child, Janiece Robinson was driving Union Boulevard in Suffolk County

by Stephen Bilkis

Maryann Agudio and an eight-year-old child, Janiece Robinson was driving Union Boulevard in Suffolk County when a vehicle driven by Warner Cooley hit them. The car was under Marcia Cooley’s name. Cases were filed against Mr. Cooley and Ms. Cooley. It was responded by a counter claim saying that it was Ms. Agudio, who was at fault in the accident. Ms. Agudio petitioned the court seeking a summary judgment saying that she was liable and that the eight-year-old Janiece Robinson did not sustain a serious injury in the context of insurance law.

Ms. Agudio had submitted to the court the transcripts of the claims, the counter claims and the answers. She also submitted a copy of the reports for the independent orthopedic examination performed on Janiece Robinson. The examination was done by Robert Israel M.D. on September 25, 2009. With her counsel, Janiece Robinson did not agree with the petition filed by Ms. Agudio. They asked for the dismissal of the case saying that Janiece did not sustain serious injuries as required by insurance law.

For a summary judgment to be granted the claimant must be able to show that all issues have been met and eliminated. There should be no issues that are presented that are deemed as needed to be decided on in a trail. With regard to the liability of Ms. Agudio, the child’s grandmother, she recounted the incident on April 5, 2004 at about 2:30 or 3:00 in the afternoon. She said that aside from Janiece her grandson, Michael Robinson, was also in the passenger seat. She stopped her vehicle at a red traffic light at the intersection of Carleton Avenue with Union Boulevard. This is the time that she noticed Mr. Cooley’s vehicle. A few seconds after, she said that Mr. Cooley’s car had struck the rear of her car. This had caused her vehicle to jolt forward. She claims that the light had not changed, it was still red. After they were hit, she pulled over at Union Boulevard and checked on her grandchildren. He approached the other car, and she was told by Mr. Cooley that he was in a hurry to pick up his son at school.

Published on: April 6, 2012

Irving Cohen was driving his vehicle June 8, 1974

by Stephen Bilkis

Irving Cohen was driving his vehicle June 8, 1974 when the vehicle, while he was trying to parallel park, and after he placed it on reverse, shot backwards at a high speed and even with him stepping on the brake did not stop. It moved backwards in an arc around 70 feet to the east side of the street, through an open space on that side. It then jumped the curb, and only stopped when it hit a building’s wall. Astor Cover was walking on that side of the street and was crushed against the wall by the speeding car. This accident cost him a leg and the other leg had required a brace. A Lawyer found out that even with a prosthesis and a brace, he could only stand if he had canes to help him.

Mr. Cover initially filed a case against Mr. Cohen only. After the death of Mr. Cohen, he added General Motors, the manufacturer of the vehicle and Kinney Motors the dealer to the complaint. Instead of Mr. Cohen, it was changed to claim from Mrs. Cohen, who was acting as the administratrix of Mr. Cohen’s estate. A source said this was because they got information that the car was delivered to Mr. Cohen brand new by Kinney Motors on December 22, 1972. It had only been driven around 12, 000 miles, since he got it and should have been working properly.

A two-part trial had a jury decide four issues. The first is whether Mr. Cohen was negligent in his driving, and it was the immediate cause of the accident. Second is if General Motors was negligent and if that negligence also directly contributed t the accident. The third is the throttle return spring of the Chevrolet was defective and was it already defective when it was taken from General Motors. The last is if Chevrolet is reasonably dangerous because of the defect in the spring and did that defect caused the accident. The last question included an instruction that says, “If your answer is ‘yes’ then you must also find as against Kinney Motors as the seller (of the vehicle) on this issue of strict liability.” A policeman said that the jury’s response was, in degrees of fault, was that Mr. Cohen is 2% liable, General Motors 94% and Kinney Motors 4%, and damages were calculated in favor of Astor Cover at $6,000,000 and in favor of Pearl Cover, on her request for relief, at $2,000,000. The trial judged moved the matter of negligence against Mr. Cohen to the jury, along with the issue if liability against Kinney Motors. The issue of Mr. Cohen against General Motors with regard to negligence, and liability was also moved to the jury. He also granted Mr. Kinney’s motion for damages. He also granted General Motors motions to lower the amount demanded from $3,000,000 to $1,000,000 but denied the motion for a new trial.