New York Wrongful Death Lawyer Blog

The Monroe County Sheriffs Office completed its investigation into the accident which killed Jennifer Simson, age 34, last February 25, in a parking lot behind the Town of Pittsford offices.

Apparently at the time of the accident, both the snowplow driver and Ms. Simson, on foot, were talking on cell phones. He was using "hands-free" equipment.

Driver distraction-caused accidents have been a common theme of several New York wrongful death lawyer blog entries. Thus, it appears that the driver, a Town of Pittsford employee, may have been distracted, at least cognitively, by use of a cell phone while driving.

One telling admission by the snowplow driver to investigators was that his rearview mirrors were obstructed by the salt spreader mounted on the rear of the truck.

As mentioned in an earlier blog entry, investigators would query the driver about his backwards visibility from the cab, and if the design of the cab, rear window and mirrors, were suited for backwards viewing.

Was he able to turn and "visually clear" the path the vehicle was intended to take while backing? We now know that his view behind the plow truck was at least partially obscured while backing up in the lot.

Whether going forwards or backwards in a motor vehicle, if you cannot see where you are going, you don't go...

Thirty-four year old, former NY Yankee star pitcher Cory Lidle, and his flight instructor, lost their lives in October, 2006, when the small plane they flew crashed into a Manhattan high-rise.

Lidle's wife blamed the aircraft's manufacturer, and sued for wrongful death in US District Court.

From news reports, the case turned on whether there was a defect in the plane's flight control system.

This case was a courtroom battle between expert witnesses. Ms. Lidle's said that there was a defect. The defense said that the crash was not due to equipment failure, one attorney declaring "As pilots, they made some mistakes"...

The statutory definition of wrongful death is a death caused by "a wrongful act, neglect or default". In this trial, which began in late April, the jury did not find proof of neglect or default by the airplane manufacturer.