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Municipality Liability Archives

3 ways to reduce the risk of cold weather at work

It's cold outside, and that puts you and your coworkers at risk of several types of injuries. You've been working in construction for several years, and you know that the winter can be difficult for your team. Here are a few things you can do to help protect yourself and others around you.

Major Explosion -- Building Collapse -- in the East Village of NYC

According to the New York Times, a powerful explosion in Lower Manhattan on Thursday caused two buildings to collapse and ignited a large fire that quickly spread to neighboring buildings, leaving at least 19 people injured. At least one person was reported missing.

City Wants to Settle NYPD Shooting Case of Eric Garner Early

Today, both the New York Times and the NY Daily News wrote stories about how New York City is worried about the Eric Garner case.  As previously reported, this case has gained country-wide notoriety.  Earlier this year, a New York City Police Officer attempted to subdue Mr. Garner after Mr. Garner allegedly resisted arrest.  The initial interaction between the police and Garner stemmed from Garner's apparent sale of cigerette's without proper licenses.  During the altercation, the police put Garner in a chokehold, which has been banned by NYPD regulations.  A chokehold alone is not, however, a criminal act.  The police say there was no chockehold.  More troubling, there is video that appears to show that nobody helped Garner after he lost consciousness.  Garner died on the sidewalk.  In any event, the City is very worried about this case.  The City is afraid of a lawsuit not only because it will have to pay a large settlement or judgment but also because it will allow personal injury attorneys to highlight problems with the training and methods of the New York City Police Department.  indeed, there has been a litany of cases brought against the City NYPD for bad policing.  For example, last spring, a drunk New York City Police Officer shot an unarmed men in Pelham, New York.   StolzenbergCortelli LLP represents the plaintiffs in that case.  And, just last month, a police officer mistakenly shot an innocent person in a New York City Housing Apartment Building.  It is clear that the City wants to settle these cases to get them out of the media and to protect the City against the prying eyes of attorneys who want to use the Courts to investigate the Police and expose to teh World with the probelms of the police department.       

Nyack Parking Agent Charged with Attempted Murder

Two Village of Nyack men, including Kenneth Byre, who was working at the time as a Village Parking Authority Agent, are facing charges of attempted murder.  According to the Journal News, Byre, while working at the time as a traffic agent, allegedly stabbed Frank DeLorenzo, of Chestnut Ridge, New York.  The alleged stabbing occurred early Saturday on North Franklin Street.  DeLorrenzo is apparently in serious condition at Nyack Hospital.  Considering that this is a personal injury blog, the issue becomes whether the Village of Nyack could be held liable to DeLorenzo for the stabbing.  The law sometimes holds an employer, in this case the Village of Nyack, liable for an employee's actions.  Here, the employee is Byre.  An exception to the rule is sometimes applicable where the employee's conduct is criminal in nature.  Here, (allegedly) stabbing someone would be criminal.  On the other hand, if there is proof that the employee had a propensity for violence (like if it he spent time in prison for a violent offense), then Village will be liable if it knew about that propensity and still let him work the midnight shift anyway.  Even worse, if the employee had a violent propensity and the Village took no steps to discover it, like doing a simple criminal background check, than the Village may be held liable to the victim DeLorenzo.  The best example of this is the police brutality cases.  The cops beat someone up, which is illegal, and the local municpality has to pay the price, usually under the theory that they should have known about the rougue cop's violent propensities and didnt take sufficient steps to protect the public from him.       

  • $2.05 Million Settlement Mother of Two Struck and Killed by Motorist

    StolzenbergCortelli LLP recently resolved a heart breaking wrongful death action. The mother of two was struck and killed, while she crossed a roadway.

  • $1.1 Million Settlement StolzenbergCortelli LLP Settles Trip Over Nail Case

    Terrence and Howard settled a trip and fall case for $1,100,000. In this case, our client (a resident of Brooklyn) was a cleaning lady who was hired to clean the newsroom of the Wall Street Journal.

  • $750,000 Verdict Jane and John Doe v. Defendant Driver

    The names are redacted for privacy reasons. In this automobile accident case, the female plaintiff was injured and suffered seriously debilitating injuries.

  • $525,000 Settlement Injured When the Trailer upon which He was Standing Collapsed

    Our client was a teamster, working at a concrete plant in Westchester, when he was seriously injured. At the time, he was standing on a trailer, which is colloquially known as a "low boy", when the wooden slats upon which he was standing, collapsed.

  • $457,500 Settlement Car Accident Victim With Pre-Existing Neck Injury

    Settled a client's case for $457,500. The client suffered a significant cervical spine injury requiring a fusion surgery.He was t-boned by a car exiting Purdy's farmer and the Fish in Somers, New York.

  • $450,000 Settlement StolzenbergCortelli LLP Settles Construction Accident Case

    Howard Stolzenberg settled a case for $450,000 where a construction worker was forced to use an exterior fire escape ladder to access the top of the building all while carrying a one gallon bucket of paint. The worker fell and fractured his ankle.

  • $100,000 Settlement Teenager Hit From Behind

    We just settled a case for a young girl who was injured when she was struck from behind while waiting at a red light at an intersection near the entrance to the Saw Mill in Yonkers. She had hip and shoulder surgery.

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