New York Wrongful Death Lawyer Blog

In November, 2009, an 80 year-old man died following a fall from a Hollywood, Florida, drawbridge that opened while he was walking across it.

Witnesses indicate that, at first, he clung to the bridge's railing as it lifted into the air, but as a policeman on the scene rushed to reach him, he fell from an estimated height of 60 feet.

The bridge had flashing lights, a bell, and a gate to stop pedestrians when it was opened. There was also a security camera and live bridge operator on duty.

It was reported that the decedent was familiar with the drawbridge, as he frequently walked across it. He may have been wearing ear phones at the time of the accident. On the other hand, the live bridge operator may have been distracted by the TV that was in his office, and did not check for pedestrian traffic on the bridge before starting to raise it. When he was questioned, he could not explain why he did not see the man on the bridge.

The man's wife and three daughters sued a variety of defendants, both public and private, who were involved with the ownership or operation of the bridge. It was recently reported that the matter settled for $1.5 million.

New rules for Florida drawbridge operation are forthcoming.

A December 18, 2009, entry Gay Marriage Cannot Support New York Wrongful Death Action, told of a wrongful death accident case where a same-sex couple were denied equal rights because they were not recognized as married under New York State law.

Now that New York's gay rights marriage law has taken effect, same sex couples who are married qualify legally to bring wrongful death suits for the death of their same-sex spouse caused by a wrongful act, neglect, default.

On July 14, 2011, a Los Angeles Superior Court judge awarded the living and dead victims of 2008's Metrolink commuter train crash a total of $200 million, a limit set by a 1997 federal law for the aggregate of all the passenger's claims in a railroad accident lawsuit. A prior blog entry, SoCal 2008 Metrolink Train Crash Settlement Offered, detailed the eventual settlement.

The judge is quoted as calling his task "judicial triage", and saying that the victims were short-changed by at least $64 million.

Twenty-four people were killed and more than 100 injured in the event caused by a train engineer's distraction while texting.

The wrongful death awards were $4.2 million for survivors of adults killed, and $1.2 million for each child killed.

Attorneys for the plaintiff's had sought damages between $320 million and $350 million.

Clearly, the flat, fixed amounts awarded for wrongful death did not take into account the individual ages and occupations of the deceased.

The insurance companies for the railroads got off lightly in this case.

Another member of a Steuben County Amish community died as a result of the July 19 crash allegedly caused by a drunk driver. Elva J. Hershberger, age 39, succumbed Tuesday afternoon. Her husband died in the same accident.

The facts and circumstances of the crash point to a viable wrongful death suit on behalf of all of the deceased. A drunk driver tried to pass farm machinery on a rural road, in a "no-passing" zone, and collided with a van carrying a group of Amish farmers.

I do not expect that any wrongful death case will result over this tragic, preventable incident. The Amish separate themselves from the rest of the world in a wide variety of ways: cultural, social, technological, and legal.

Filing of a lawsuit is forbidden by the Amish.

News articles indicate that the Amish community will take care of the families of those killed and injured in the senseless incident.

The New York State Department of Labors' investigation into the "Ride of Steel" at Darien Lake, concluded that the death of Sgt. James Hackemer on July 8, was "the result of operator error."
Signage visibly posted on the ride stated that riders were required to have both legs, because the safety devices in use restrain the legs, shins and laps of the riders to hold them in the ride's car.
Sgt. Hackemer lost both legs serving in Iraq in 2008. He was killed when he fell from the coaster.
Two violations were issued by the DOL, one for operators who were not properly trained and another for operators who were not familiar with the safety requirements of the Ride of Steel.
Now that the investigation has been concluded, and some new safety measures have been complied with, the Ride of Steel has been re-opened.
RIP and THANKS to Sgt. Hackemer.

The Yates County area community-at-large joins the Amish community in mourning the death of five persons killed by an alleged drunk driver on July 19, 2011. Four of the dead were in their 40's and one was 60 years of age.
Several of the dead were the heads of households.
The driver, Steven Eldridge, age 42, passed a tractor and other farm equipment in a no passing zone, then struck a van carrying the decedents. He has been charged with five counts of criminally negligent homicide and driving while intoxicated.
Hundreds of Amish from communities in distant states came to Benton for the funerals.

In January, 2010, I posted a blog Katrina Wrongful Death: Lack of Emergency Preparedness or "Act of God"?According to today's news reports, a New Orleans judge approved a $25 million settlement over deaths of 45 hospital patients after Hurricane Katrina cut power to the Memorial Medical Center.
Last January, according to the New York Times, more than 100 patients died in New Orleans hospitals and nursing homes in the aftermath of Hurricane Katrina, when the facilities' power systems failed.
Some 200 lawsuits had been brought in Louisiana alleging that the hospitals or nursing homes had inadequate emergency power systems, failed to have a plan for evacuation of patients, or flood water protection.
Perhaps the settlement of this case will spur the other to reach a similar result.
The hospital defendants alleged that Katrina was an "Act of God", for which they are not responsible.
It appears that someone is now taking responsibility for being unprepared.