Central New York Injury Lawyer Blog

I read in the New York Times about a lawsuit on behalf or10 disabled Children fraudulently adopted by a Queens, New York woman more than 15 years ago. It is an extremely disturbing case. Anyone who loves children, swallow hard before reading further.

The lady used different aliases to adopt severely disabled kids (autistic, etc.) who clearly weren't wanted by anyone else, then pocketed the support subsidies from the City, spent them lavishly on herself, all while keeping the kids locked up at "home" and out of school. Well, I guess you could say they got some "schooling", but it was the school of "hard knocks": They were caged, handcuffed, and beaten every day of their young lives.

The kids are now mostly in their early adult life and, guess what, they want justice. Wouldn't you? Now mostly in their 20s, they are asking for money to pay for the psychological and other services and treatment they will need for the rest of their lives and to be compensated for their years of suffering as well.

Their "adoptive mother" (I sneer as I write that) is now penniless and behind bars. So who are they suing? New York City and the child welfare services who handed them over to this sicko, that's who.

Some readers might think it is unfair that the City be on the hook for the wrongdoing of this depraved predator. She was the villain, and the City was just a victim of her duplicity, right?

Not so. Although the City claims this creep was a so sophisticated in her manner of applying for adoption that they were completely duped, all the City really had to do was check to see if these kids were enrolled in school after they passed them off to this witch. Doesn't seem so hard to me.

When the foster parent or adoption process fails, especially as dramatically as here, heads must roll, and money must flow. I look forward to the day I read these kids have been justly compensated. And they will be. That's my New Year's prediction!

Keep safe!

Mike Bersani

Email me at: bersani@michaels-smolak.com I'd love to hear from you!

Michael G. Bersani, Esq.
michaels-smolak.com
Central NY Foster Care Abuse, Neglect Lawyer
Michaels & Smolak, P.C.

1-315-253-3293 Toll Free 1-866-698-8169

Having trouble finding a New Year's resolution? Let me help. Forget about losing weight. Been there done that -- or not!. That commitment usually lasts for only a few weeks. Here's one you might be able to stick with, and that could save your life:

Promise yourself that, beginning January 1, you'll start throwing your smart phone or cell phone in the TRUNK of your car whenever you drive. Don't just commit to not using your smart or cell phone --- as long as it's sitting next to you and on, you will. If you don't believe me, and think you can resist the temptation of answering the phone while you are driving, or of sneaking a peak at an incoming email or text message when you hear that little "beep" , take a look at this New York Times article, titled "U.S. Safety Board Urges Cellphone Ban for Drivers". The article cites to several well-researched studies proving that smart phones and cell phones are every bit as addictive -- and as dangerous to your health when you drive with them -- as cigarettes.

Why can't you resist the urge to answer, or to check that text message? Because you have a well-rooted, natural human urge to interact with other humans, especially when you are isolated and deprived of their company - as when you are alone behind the wheel.

And hands-free phones --- while still legal in New York --- probably won't be for long, given that all reputable studies show such use of your phone is just as dangerous as hands-on.

The only safe use of cell phones or smart phones while driving is NO use of them at all. And the only way that will ever happen is if you turn it off, or throw it in the truck where you can't access it.

Keep safe!

Mike Bersani

Email me at: bersani@michaels-smolak.com I'd love to hear from you!

Michael G. Bersani, Esq.
michaels-smolak.com
Central NY Car Accident Lawyer
Michaels & Smolak, P.C.

1-315-253-3293 Toll Free 1-866-698-8169

A client of mine is having a very merry Christmas indeed. I already blogged about his Waterloo, New York car accident case. Guy was passenger in his buddy's car, who was stopped and waiting for traffic to clear so he could turn left into a driveway. Driver from behind, lost, looking at a map while driving, rear-ends them at full speed, causing them to flip over. Our guy ends up with a herniated cervical disc that takes him out of his welding job, for good, and requires surgery. The surgery helps, but does not rid him of the pain.

At first, there appeared to be no more than $100,000 in insurance, the policy limit of the driver/owner of the at-fault vehicle. There was no indication in the police report, or anywhere, that the negligent driver was doing anything but his own business when he rear-ended our guy. But an off-the-cuff remark by him at the scene -- about some "bovine sperm bottles" he had in his pickup truck -- tipped us off that perhaps he was working for some company that dealt in such products, even though he owned the vehicle and there was no company emblem or signage on it.

After some investigating, we turned up a California employer. The insurance carrier for the employer discloses a $1,000,000 insurance policy. Now we're talking! But still, we felt our client's case was worth more - what with all his pain and suffering, his completely altered life style, and the loss of his job.

We sued the employer and the driver. We got the judge to rule, without a jury trial, on "motion papers", that the defendants were liable and that our client had a "serious injury". Now all we would have to do was have a jury decide how much our client deserved. But just as we were getting ready for trial, and just after we made a full insurance policy limit demand of $1 million, the insurance carrier finally disclosed there was more --- another $10,000,000 excess policy!

The final result --- a $1.4 million settlement --- was obtained just the other day after a day-long mediation.

Our client is now having the merriest Christmas he has had in several years. And he is smart. He is making sure future Christmases will not leave him out in the cold. He is structuring his settlement into monthly payments that will take care of him for the rest of his life. The total amount of payments he will receive far exceed the cash value of his settlement.

So, yes, Virginia, there is a Santa Clause . . .

Keep safe!

Mike Bersani

Email me at: bersani@michaels-smolak.com I'd love to hear from you!

Michael G. Bersani, Esq.
michaels-smolak.com
Central NY Personal Injury Lawyer
Michaels & Smolak, P.C.

1-315-253-3293 Toll Free 1-866-698-8169

News reports say a man working on a cell phone tower near Marcy, New York, suffered serious injuries today after falling more than 80 feet. He is reported to have suffered multiple broken bones and was taken to Utica's St. Elizabeth's Medical Center.

Falls from a height like that can cripple, maim or kill. We had a similar case (fall from a cell tower) a few years ago, which we brought to a successful conclusion. To win it, we used a special law that helps workers who fall from rooftops, scaffolds and towers. It's called Labor Law 240, or "the scaffold law". It allows a fallen worker, under certain circumstances, to sue anyone with an ownership interest in the tower or the land the tower is on, including leaseholders, for compensation above and beyond what the worker will get in workers' compensation from his employer.

The key to winning this kind of case is to show that the worker was on the tower to "repair" something or to inspect something that was broken or malfunctioning. If his task involved "repair" work, or inspection work in contemplation of repair work, he is generally protected by Labor Law 240. But if he was performing mere "routine maintenance" of the tower, then he cannot prevail under Labor Law 240. He will generally be stuck with just his workers' compensation benefits, which (as anyone who has been on comp knows) generally isn't enough to pay the bills. It covers at most only about 2/3 of lost wages.

Under New York Labor Law 240, anyone with an ownership interest in the tower or land the tower was on can be held strictly liable for the workers' injury, even if the fall was largely the workers' own fault. The statute is designed to give the maximum amount of protection to construction workers and others who must risk their lives by working from heights.

Here are some of my other blog posts about Labor Law 240:

Save New York's Scaffold Law!

Tully High School Roof Repairman Who Fell From Roof Most Likely Has Solid Labor Law Case Against School District

Syracuse New York Construction Accident Lawyer Looks Up And Sees Labor Laws Being Broken!

Can I Be Sued If Someone I Hire To Remove Snow And Ice From My Roof Or Fix My Leaky Roof Falls? Central And Syracuse NY Personal Injury Lawyer Explains.

Can Spiderman Bring A New York Personal Injury Lawsuit For His Injuries?

Syracuse Fall-Off-Scaffold With Back Injury Case Settles For $1,000,000.

Keep safe!

Mike Bersani

Email me at: bersani@michaels-smolak.com I'd love to hear from you!

Michael G. Bersani, Esq.
michaels-smolak.com
Fallen Worker Injury Lawyer
Michaels & Smolak, P.C.

1-315-253-3293 Toll Free 1-866-698-8169