New York Wrongful Death Lawyer Blog

The Monroe County Sheriff's Office is investigating an accident which happened on November 28, 2010, at the intersection of Route 104 and Dean Road, in Parma, New York.

The deceased woman was riding as a passenger in a car operated by her husband, also 61 years old. They were stopped at a light, facing east on Route 104, when their car was rear-ended and forced into oncoming, crossing, traffic. A truck hit their car.

As mentioned in my blog entry below, under New York State case law, a rear-end collision with a stopped or stopping vehicle creates a prima facie case of negligence with respect to the operator of the moving vehicle, and imposes a duty on the operator of the moving vehicle to come forward with an adequate non-negligent explanation for the accident.

The driver of the first colliding motor vehicle needs to defend the operation of his vehicle.

New York State Police say a drug-addled driver rear-ended a van, on Friday afternoon, November 26, in Wellsville, killing an eleven year old passenger riding in the back seat.

The woman driver apparently admitted to the police that she had not realized that traffic had stopped when she hit the van in front of her.

Under New York State case law, a rear-end collision with a stopped or stopping vehicle creates a prima facie case of negligence with respect to the operator of the moving vehicle, and imposes a duty on the operator of the moving vehicle to come forward with an adequate non-negligent explanation for the accident.

She was charged with driving while impaired by drugs.

Unfortunately for them, the family of Cheyenne Wolfer appear to have a good wrongful death claim against her.

The Associated Press reported "Child dies after 50-foot fall at Lakers game" that a two or three year-old child fell from a third tier luxury box at the Staples Center minutes after a Los Angeles Lakers - Golden State Warriors game on November 22, 2010.

Somehow the child was able to scale a clear safety barrier and fell onto arena seats below, hitting his head. He died soon after at the hospital.

Within an hour after the game, arena security officials could be seen examining and taking photos of a suite on the highest level on the west side of the building.

Who was responsible for what happened?

Where were the child's parents? Did they lose track of their baby?

What are the safety specifications that apply to arena architecture and design of seats and luxury boxes? Were they followed at the Staples Center? Was the safety barrier properly located and installed?

How would a two or three year-old escape the safety requirements and measures taken?

Any prospective Plaintiff should be conducting their investigation... as mentioned above, the potential Defendants were already at work documenting their side of this tragedy.

On January 23, 2007, an out-of-control, off-duty New Jersey cop on a drinking spree, was heading home in his Jeep Cherokee, when he rammed a vehicle, killing a 2-year-old boy and severely brain-injuring the boys mother.

He had spent part of that day at Madison Square Garden, attending an NCAA game. By his own testimony he had between 10 and 12 beers there. He had 3-4 beers pre-game, at a place called "Stich Bar". He had two beers in his pocket when he entered MSG. When he left Manhattan in his Jeep, with a buddy in tow, they stopped for another "one or two" at a "dive bar". After dropping the friend off at his home, he stopped at yet another bar to buy a six-pack.

Soon after, around 11:00 p.m., he sped onto the Pulaski Skyway (NJ) and hit the victims car.

Plaintiff's attorneys alleged that MSG's CEO Hank Ratner, and facilities executive, Tim Hassert, had encouraged their vendors "to increase alcohol sales", and "recklessly" allowed them to continue to pour beers for visibly affected patrons.

No surprise, the Garden said that it does not serve visibly drunk patrons.

Nevertheless, NYorkPost.com reported on November 8, 2010, that MSG's insurer is said to be paying upwards of $8 million as settlement. That figure happens to have been the cost of caring for the severely injured mother until her death in March, 2010, after three years in a vegetative state.

The cop is now serving eight years in a New Jersey prison for vehicular manslaughter.

A Michigan man, driving on a Detroit area Interstate on November 8, was killed by a tire that came off a car traveling in the opposite direction.

The tire somehow became free, bounced over a median and hit the windshield of the decedent's SUV.

Wheels don't usually come loose from their vehicles. The potential Plaintiff, under NY law, would have the burden of proving that what happened was a result of a "wrongful act, neglect or default".

As I have written in the past, this case would be very "fact driven", dependent on inspection of the vehicle and maintenance records concerning the separation of the tire from it.

Although an investigation into the death was proceeding, a Trooper said that "it appears to be a very unfortunate accident".

I am not ready to say that this result was simply "bad luck".

There was a failure somewhere.

A 20 year-old student at the University of Notre Dame was killed when the scissor lift he was perched on while videotaping the Fighting Irish football practice, toppled over during a period of high winds on October 27, 2010.

Declan Sullivan was on a hydraulic lift at a time when the National Weather Service reported wind gusts of up to 51 mph.

Given the facts, it is likely that state and federal workplace safety rules and industry standards were violated. Investigations by a variety of agancies are underway.

It is reported that Mr. Sullivan sent several "haunting" Tweets that appeared on his Facebook page just before his death, indicating his fear of the conditions he faced.

To the University's credit, on November 5, the Rev. John Jenkins, Notre Dame President, sent an e-mail to students, faculty, staff and alumni, acknowledging responsibility for the death, because the school "failed to protect him".

Over years of practice, I have found that many lawsuits would or could be avoided, if only the party or parties involved would admit or acknowledge their responsibility for what happened.

After all, it is the right thing to do.

The Boston Globe reported that the family of a firefighter who was killed in the line of duty has recently brought a wrongful death action.

Apparently, on January 9, 2009, the brakes on a ladder truck failed, allowing it to careen down a street in the Mission Hill section of Boston. It bounced off some parked cars, went through a brick wall and crashed into a building.

The firefighter was a passenger on the rig. He died of head injuries.

The suit filed in Suffolk Superior Court, MA, names six entities who serviced the truck's brakes, which were found to have "severely reduced braking power". Negligence and faulty brake work is alleged against the private vendors who worked on the truck.

The case should be technically interesting and potentially complex, as Plaintiff has the burden of proving a "wrongful act, default or neglect". Each of six defendants will say "It wasn't me!", point the finger at each other, and probably at the Fire Department's own maintenance program.