Exit for 96th Street on Henry Hudson Parkway near where accident occurred. Image Credit: Google Maps

Driver was left paralyzed after collision with a guardrail on Henry Hudson Parkway. Benjamin Yannick worked as a server at the Ritz Carlton Hotel in Manhattan. On October 27, 2003, after working from 3:30pm to 11:00pm, Yannick drove home to the Bronx on the Henry Hudson Parkway. Yannick lost control of his vehicle at approximately 12:50 a.m. near the intersection of 96th Street. Yannick veered from the middle lane of traffic to the left, crashed into the concrete median, then crossed diagonally across traffic to the right and collided with a guardrail. Yannick suffered a burst fracture at T-9 and was rendered paralyzed. (read more…)

Bus sign replaced about a month after it fell on a pedestrian in front of 246 West Houston Street. Image Credit: Google Maps

Pedestrian injured when bus stop sign fell from metal pole and struck him. On July 17, 2013, at around midnight, John T. Bunn was standing beside his parked car in front of 246 West Houston Street near a bus stop sign marked “W. Houston St & Varick St.” While standing at this location, the sign dislodged from its metal post, fell and struck Bunn in the head, causing him serious injuries. (read more…)

146 Wilson Street, Brooklyn. Image Credit: Google Maps

HPD performed an emergency excavation without giving owner time to comply. The Trustee of a family Trust hired three workers to excavate soil on the Trust’s Brooklyn property to fix an emergency condition at 146 Wilson Street, Brooklyn. The three workers were trapped when the excavation collapsed. The City Department of Buildings issued a full stop order to the Trustee for excavations without a permit. The Housing Preservation & Development Department then advised the Trustee that unless the Trust immediately obtained approval from the Buildings Department to do the work, HPD would correct the condition at the Trust’s expense. HPD gave the Trustee three days to request that Buildings approve. The Trust contacted Buildings the same day. HPD, however, commenced to correct the condition without waiting the three days. New York City subsequently billed the Trust for the remedial work in the amount of $338,592.56. (read more…)

Credit: CityLaw

Bike riding is enjoyable, healthy and fun. It can also be dangerous. The City is heavily invested in encouraging bike riding and bike safety. Yet, accidents happen, and when they do bike riders may opt to sue. Bike riders receive no special status as tort plaintiffs. Bike riders in court live by the same rules that govern tort claims by pedestrians and car drivers. As New York courts have repeatedly stated, a “bicyclist is required to use reasonable care for his or her own safety, to keep a reasonably vigilant lookout for vehicles, and to avoid placing himself or herself in a dangerous position.” (read more…)

Early tort law was heavily weighted towards injuries that involved train accidents.  Here in the New York City metropolitan region with its huge dependence on rail transport, the older typical nineteenth century tort claims and defenses continue for injuries caused by subways, commuter lines and train equipment.

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Intersection of Sunrise Highway and Old Sunrise Highway. Image Credit: Google Maps

Motorcyclist was killed when he made contact with another vehicle, lost control, and skidded approximately 95 feet until he struck a guardrail. On a clear dry afternoon Vincent Iovine drove a motorcycle east on Sunrise Highway in Nassau County traveling at a speed of 62 miles per hour in a 45 mile per hour zone. At the same time, Guadalupe Carranca had stopped her car at a stop sign on Old Sunrise Highway. Carranca intended to turn right onto Sunrise Highway. As Carranca attempted to merge directly into the left-turn lane of Sunrise Highway, she crossed over three lanes of traffic and then over a solid white line. Before Carranca could successfully complete the merge, Iovine’s motorcycle collided into Carranca’s vehicle. Iovine lost control of the motorcycle, skidded about 95 feet, and made contact with a guardrail. Iovine died from the injuries. (read more…)