Manhattan

Published on: October 18, 2012

On August 1, 2005, a manual laborer was working on a construction site

by Stephen Bilkis

On August 1, 2005, a Manhattan manual laborer was working on a construction site that was being operated on a military base. The objective of the construction was to renovate some military housing buildings that were run down. In order to renovate the buildings, the construction crew had to first remove all of the kitchen and bathroom appliances that were inside each of the units in the multi-unit buildings. The construction crew had a dumpster located outside of the buildings on the street that was available for them to put the debris from the renovation into. The Long Island construction team had been working in one of the buildings for several days and the manual laborer was tasked with the job of transporting the debris from inside the building out to the dumpster on the curb.

On that morning, the crew had filled one of the dumpsters and needed an additional empty one moved from farther down the street up to where the work was being done. The site supervisor instructed the laborer to get the dumpster and move it up. The dumpster was about to be moved when another construction contractor pulled a truck up in front of it. The site supervisor instructed the manual laborer to tell the driver of the truck to move the truck so that they could get to the dumpster. The laborer followed the instructions that he was given and then stepped backward away from the truck so that he could signal to the truck driver where to park. As he walked backward, he stepped on the top of a manhole cover. The cover was not properly in place and tilted up causing the man to fall into the manhole. He sustained several severe injuries as a result of this workplace accident. He contends that he suffered from severe spinal injuryas well as leg impairment.

He had to have several surgical procedures on his spine over the following year including bone grafts and fusions of his spine. He filed a personal injury lawsuit against both companies and the property owner because he contends that they were negligent in allowing the manhole cover to not be securely in place. In this case, there was no argument that the man sustained serious injury as defined by the Insurance Laws of New York. The problem for the court in this case was determining who was responsible for the spinal injury that the man had suffered that left him disabled and unable to work.

Published on: October 15, 2012

When a person is hit by a car, the injuries that they incur are likely to be serious

by Stephen Bilkis

When a person is hit by a car, the spinal injuries that they incur are likely to be serious in nature. However, pursuant to New York State Insurance Law § 5102, in order for an injury to be considered serious, it must be so pervasive that it required that person to restrict their lifestyle for 90 of the first 180 days following the injury. That means that the burden to show that they have incurred a serious bodily injury falls to the complainant. The only way to demonstrate a serious bodily injury is to have a board certified doctor perform tests that show definite results. These results must demonstrate that the person has incurred an injury that is both severe and invasive enough to limit the use of a limb. Alternately, in the case of brain or spine injuries, the complainant must be able to show that the injury has rendered them unable to perform tasks that they considered day to day activities prior to the accident.

This became the goal of a man who worked in New York State as a security guard for a school. One day while he was directing traffic for parents who were dropping off and picking up their children, he observed a woman driving a car in the bus lane. When she pulled in, a bus had pulled behind her preventing her from backing up. The Bronx security guard approached her vehicle to help guide her out of the driveway. As he approached, she suddenly put the car in forward gear and struck him. He contends that the force of the impact propelled him up onto the hood of her car and that he sustained serious bodily injury as a result of the accident. This accident occurred on March 12, 2012 at around nine in the morning.

As it turned out, the woman who was driving the car, had borrowed it from her long term boyfriend. The Manhattan boyfriend had rented the car from ELRAC. ELRAC is in the business of leasing automobiles. During the course of the investigation into this case, the security guard determined that the boyfriend had a restricted license at the time that he had rented the car from ELRAC. He contends that if ELRAC had not rented the car to a person that had demonstrated that they were likely to operate the vehicle in a manner that would cause harm to another, that he would not have been injured by the car. He contends that ELRAC had a responsibility to ensure that the persons who rented cars from them would operate those vehicles in a safe manner. The fact that the man’s license was restricted should have been an indicator to them that the man was a less safe driver.

Published on: September 27, 2012

Claimant, employed as a policeman by the Nassau County Police Department

by Stephen Bilkis

Claimant, employed as a policeman by the Nassau County Police Department, was accidently shot in the abdomen on November 8, 1953 as he was removing a shotgun from a police car. Compensation in the form of reimbursement to the employer was paid for intermittent periods of lost time, and the case was closed upon finding of no further disability. On November 1, 1962 claimant was in an automobile accident while on police duty and sustained injuries to his neck and back. Compensation in the 1962 case was paid for several weeks, and the case was eventually closed pending the outcome of a third-party action which was later settled without the consent of the employer. Thereafter, claimant was relieved of all police duties and went on sick leave and performed no work thereafter.

A Lawyer said that, Dr. Masoff, claimant’s physician, reported to the employer that he had examined claimant, that claimant had pain in his right side for about four months with no relief; and that claimant had pain in his right side radiating to his lower back and down his life lower extremity, and requested authorization by the employer to hospitalize claimant for x-rays and further treatment. Upon a C–4 medical reports by Dr. Masoff filed which indicated recurrent back pain necessitating x-rays and hospitalization, the Workmen’s Compensation Board on reopened the 1953 case upon the report of changed condition and directed that the Special Fund be placed on notice.

A Long Island source said that, claimant was admitted to the Smithtown General Hospital and placed in pelvic traction and bed rest. After consultation with Dr. Levitan and Dr. Stein, an operative procedure was done by Dr. Levitan and Dr. Stein to probe the 1953 shotgun wound. Claimant was fitted with a Knight Spinal Brace and was discharged from the hospital on August 17, 1965.

Published on: September 18, 2012

A lady was driving a Honda Civic on September 17, 2007 on the Jericho Turnpike. She was parked in

by Stephen Bilkis

A lady was driving a Honda Civic on September 17, 2007 on the Jericho Turnpike. She was parked in traffic waiting for the light to turn green when a Jeep hit her car from behind. The impact of the rear-end collision pushed her Honda Civic one car length away. Her Honda Civic struck the car in front of her.

The impact of the collision sent the lady driver of the Honda Civic in a lurching motion. She hit the steering wheel and was pulled back by gravity so that she hit her neck and back on the head rest. She claims that she twisted her neck and was in pain.

She claims that she sustained spinal injuryin her cervical and lumbar spine. She claims to have discs that have been misaligned and resulted in swellings which brought about impingement of the nerves and great pain.

Published on: August 27, 2012

On June 10, 2007, a woman, driving a Nissan was rear-ended by a BMW

by Stephen Bilkis

On June 10, 2007, a woman, driving a Nissan was rear-ended by a BMW as it was stopped at the intersection of Merrick Road and East Shore Drive. As a result of this accident the woman sustained a spinal injury: she had swollen discs and a severe sprain of the lumbar spine. She asserts that two weeks after the accident occurred, she was ordered to rest in bed by her Manhattan doctor. She was also confined to her home and could not go to work until after another four weeks.

She claims that after the accident, she could no longer play volleyball or do gardening. She cannot stand or sit for more than thirty minutes. Fifteen months after the accident, the woman joined a local gym where her favourite workout was on the recumbent bicycle.

The defendant owner and driver of the BMW that allegedly rear-ended her Nissan filed a motion for summary judgment. He claims that the complaint should be dismissed because the woman failed to state that the spinal injury she sustained is a serious injury. She also failed to state which classification of serious injury she falls under. There are five categories of serious injury under the Insurance Law: death, dismemberment, significant disfigurement, fracture or loss of a fetus, total loss of use of a body organ, function or system.

Published on: August 25, 2012

A man and his girlfriend rented a car from a car company and brought their kids to school

by Stephen Bilkis

A man and his girlfriend rented a car from a car company and brought their kids to school. The school’s driveway allowed cars to go only one way. When they neared the entrance and the children had gotten off, their rental car was sandwiched between two school buses that were also letting children off. When the bus in front of their rental car went forward, the couple moved their car but hit the school security guard who was standing near the front of the rental car driven by the couple.

The security guard was hit in his right knee for which reason he fell on the hood of the couple’s rental car. The defendants claim that they never struck the security guard. He stood in front of their rental car and struck the hood of the car with his palm to stop them from moving.

The security guard filed a suit in damages against the couple and against the rental car company and their insurers. He claims to have sustained serious spinal injury especially of the lower back, the hip and his right knee joint.

Published on: August 17, 2012

This is an action to recover damages for the personal injuries

by Stephen Bilkis

This is an action to recover damages for the personal injuries sustained by plaintiff Kly Jean Baptiste and Shardae Alicia Tean-Baptiste, an infant under the age of eighteen years, as a result of a motor vehicle accident which occurred on Remsen Avenue, near its intersection with Farragut Road, in Kings County, New York on January 18, 2008.

Defendants Pierre-Georges and PV Holdings Corp. filed a motion for summary judgement on the ground that the plaintiff did not sustain a personal injury (pursuant to CPRL §3212 and New York State Insurance Law §5102(a) and (d)), and on the ground that the PV Holdings cannot be vicariously liable for the negligent acts of the operator of the rented vehicle (pursuant to CPLR §3211 (a)(7) and 49 U.S.C. §30106).

A source said, with respect to plaintiff Kly, in support of their application for summary judgment, defendants submit the deposition testimony given by plaintiff Kly, detailing the accident and his injuries and treatment there from. Defendants also submit the affirmed reports of orthopedist, Dr. Kachidurian, and neurologist. Dr. Chacko. Lastly, defendants submit MRI reports of plaintiff Kly’s cervical and lumbar spines, dated October 17, 2001, relating to a prior 2001 accident, as well as a cervical MRI report, dated March 13, 2008, relating to the within accident.

Published on: July 25, 2012

On March 24, 2006, a 77 year old man was about to cross the street

by Stephen Bilkis

On March 24, 2006, a 77 year old man was about to cross the street at the corner of Fifth Avenue and West 139th Street. He was hit by a car. This car hit the 77 year old because it was also hit by another car from the back.

The 77 year old man was hospitalized in Manhattan. Later he filed a case for damages and he sued the two car drivers. The 77 year old man presented the medical findings which were made from tests conducted immediately after the accident while the two drivers presented the findings of a neurologist, an orthopedic surgeon, radiologist and a plastic surgeon.

The orthopedic surgeon conducted a range of motion tests on the entire spinal column of the 77 year old man to determine if he sustained any spinal injury. He observed that the movement of his spine is limited but he did not attribute this as resulting from the accident but from his advanced age. All the other medical specialists who examined him all gave the opinion that the 77 year old man suffered no permanent disability or spinal injury. The orthopedic surgeon conducted these tests in 2008, two years after the accident occurred in 2006.

Published on: May 19, 2012

Preventing Spinal Injury in Others

by Stephen Bilkis

Investigators have learned of a man who dived under a wave while bodysurfing at Mooloolaba Beach in 2005, with full control of his limbs. When he came up again, he was a quadriplegic.

The victim had a weakened neck from years of playing rugby union. In fact, his doctors had already given him warnings only weeks before his accident that he had to stop playing rugby or risk permanent spinal injury. His accidental head-first collision with a sandbar hidden under the waves was the final blow that injured his spinal cord.

The 35-year-old can now only move his face and shoulders. To get around, he has a wheelchair he can control with his chin. Firms have discovered that even now, he is doing something important with the injuries he has suffered. Now, he is a member of the Spinal Education Awareness Team, or SEAT, speaking for the Spinal Injuries Association with offices in Manhattan as well as Long Island.

Published on: May 10, 2012

Spinal Injuries Common in Nevada

by Stephen Bilkis

As part of our search for spinal cord injury information, a source has learned that these types of injuries are fairly common in parts of Nevada. One of the local hospitals that treats an increasing number of spinal cord injuriesis at Renown Regional Medical Center, which is located in northern Nevada, and is the areas only trauma center that is comparable to a larger area hospital.

One of the reasons for the number of spinal cord injuries in this area is due to most of these injuries occurring due to skiing accidents and the local businesses do not want the negative publicity that a skiing accident can be so severe. With that being the case, the local news stations do not report the accidents. There are so many skiing related accidents that the doctors who perform spinal surgeries in this area, actually “handle more surgeries per ski lift than anywhere else in the world.” There are reportedly about 60 to 80 spinal cord injuries a year in this area. This is a rather alarming claim by anyone’s standards.

Not all of the injuries are related to skiing, however. At least one person required a spine operation following a snowmobile accident. Most of the spinal cord injuries in this area are snow-related. This would not happen in Long Island or Manhattan.