Articles Posted in General

As Syracuse Crunch fans all know by now, Michaels Bersani Kalabanka, your Central New York Injury Law Firm, is honoring “Everyday Heroes” at all Syracuse Crunch home hockey games this winter. “Everyday Heroes” are local community volunteers who have given their time and talents to a local charitable organization. In front of the whole Crunch crowd, we regal them, and their family and friends, with free game tickets, food, drink, etc.

Let me introduce you to Michaels Bersani Kalabanka’s latest “Everyday Hero”, eleven year-old Christopher Rawlins. Chris was born with Cerebral Palsy. He attends Reynolds Elementary School where he is an excellent student, plays the tuba and soccer, and participates in school plays. Chris has also participated in the Special Olympics and is a Jr Elk at the American Legion in Baldwinsville.

Nothing holds this kid back! He has a fantastic attitude, an infectious smile, and likes to keep friends and family entertained with knock-knock jokes. He is a huge Dallas Cowboys fan and can rattle off statistics on games and players.

Doctors, nurses, physicians’ assistants and other medical providers are not always good listeners. I know this from personal experience, but also because they frequently misquote my clients in their medical records.

For example, I once had a client who tripped on a broken-up walkway on the way into a store and suffered a serious knee injury. But the emergency room record said that the patient had “slipped and fell” and injured his knee.

“Slipped”, “tripped”, what’s the difference, right? For the doctor, none. For me, the difference was crucial. The doctor made this mistake because it didn’t matter to him how the plaintiff came to fall; for the purposes of diagnosing and treating the patient, his or her only concern was that he fell, and what part of his body he landed on. So he was only half listening when the patient told him how he ended up falling. He was more interested in learning what part of the knee hit the concrete, where it hurt, and whether the patient had mobility there.

As Syracuse Crunch fans all know by now, Michaels Bersani Kalabanka, your Central New York Injury Law Firm, is honoring “Everyday Heroes” at all Syracuse Crunch home hockey games this winter. “Everyday heroes” are local community volunteers who have given their time and talents to a local charitable organization. In front of the whole Crunch crowd, we regal them, and their family and friends, with free game tickets, food, drink, etc.

Now let me tell you about one of our recent “Everyday Hero” winners, Tim Coolbaugh.

For many guys Sundays means the couch, a brew and a game. Not for Tim (though he loves all three of those!). He has more important things to do. You can find him on Sundays rescuing and transporting abandoned dogs to and from Syracuse to Binghamton, Rochester, Albany or Canada. The only compensation Tim receives is the love of the dogs (and an occasional cat). He gives his time, use of his car, and his money. Why? To save dogs, many of which have been abandoned by “puppy mills” that can’t sell them for a profit.

Let’s say you’re feeling blue, have a few, get into a drunken stupor and decide to kill yourself by lying down on some nearby railroad tracks. Let’s say the railroad company, doing what railroad companies do, then runs a train along its tracks. The engineer spots you almost immediately, puts the train into emergency, but cannot stop the train before it reaches you. You get hurt.

Should you be able to sue the railroad? In De Los Santos v. MTA Long Island Rail Road, the Queens County judge says “no”. After reviewing the case law regarding a railroad’s liability for striking pedestrians on its tracks, he surmised that the “focus [must be] on whether the reaction of the train operator was reasonable under the attendant circumstances”, which they were here.

I represent injured people all day long. They sometimes have some fault in causing their own injury (we personal injury lawyers call this “comparative negligence”). But I don’t know if I could sue a railroad on behalf of a suicidal drunk who lies down on the tracks. Takes hutzpah.

As all of Auburn and Cayuga County knows, all summer long, at each home Auburn Doubleday baseball game, Michaels Bersani Kalabanka honored a”Hometown Hero“, that is, a local community volunteer who had given his or her time and talents to a local charitable organization. In front of the whole crowd, we regaled them, and their family and friends, with free game tickets, food, drink, etc.

But that was not enough for us. In fact, the program’s success only whetted our appetite for more! So now we have expanded the program to all of Central New York.

This fall and winter, and all the way through April, “Everyday Heroes” will be nominated, selected and then honored at all Syracuse Crunch home hockey games this winter.

I’m posting this blog from my hotel here in Guatemala City where I am hanging out with my two clients, Hugo and Lucio, shown in the photo with me. You guessed it, I’m the tall one.

I already blogged about why this Central NY injury lawyer had to come all the way to Guatemala to take their testimony. Today’s blog is about how much I admire these guys. Why? They are outstanding fathers.

Several years ago they realized the three dollars a day they were earning working the corn fields in their pueblo wasn’t ever going to fill the hungry little mouths at home. So they did something about it. They “went north”, as they call the trek to the United States around here.

Next Tuesday I’ll be jumping on a plane to Central America. But I won’t be on vacation. I’ll be representing my Guatemalan clients as they get deposed, remotely, by video, from Syracuse, NY. There’ll be an interpreter with us.

How did I end up in Guatemala on a case? That story made the front page of the New York Law Journal and the Syracuse Post Standard. I blogged about that here.

Technology has changed every aspect of law practice. A few decades ago, what is about to transpire would have been impossible. Your Central NY injury lawyer will be sitting next to his clients in Guatemala City while insurance defense lawyers in Syracuse New York ask them questions by video. We will see those lawyers on the screen, and they will see my clients. They will be face to face. It’s kind of like Star Trek. “Beam me up, Scotty”! The video of my clients will later be presented to the jury.

I recently blogged about our paralegal Ellen Williams’ retirement after twenty eight years of outstanding service. Although Ellen is, in our view, irreplaceable, we nevertheless did our best in trying to replace her.

We believe we hit the mark with Mary Jones. In the photograph above she is at the Zonta Club of Auburn Women’s Golf Tournament (which this law firm sponsored).

Mary comes to us with a long history in the “justice business”. She was a paralegal in real estate law for seven years, in bankruptcy law for 5 years, and at the Cayuga County District Attorney’s Office for twelve years. She was also clerk for the Cayuga County Legislature for five years.

Giving back to those who make Cayuga County strong is a priority for the Auburn New York personal injury lawyers at Michaels Bersani Kalabanka. That’s why Michaels Bersani Kalabanka is honoring United Way of Cayuga County volunteers as “hometown heroes” at all Auburn Doubledays home games this summer.

How does this Michaels Bersani Kalabanka charitable program work? We asked the United Way of Cayuga County to nominate volunteer “heroes”. They chose dozens of volunteers who work with their 23 partner agencies and 41 programs throughout Cayuga County. At each home game, one United Way volunteer is publicly recognized and honored as a “hometown hero” and receives six game tickets and food vouchers for his or her family and friends. A different volunteer is honored at each home game, with a total of 38 volunteers honored. Michaels Bersani Kalabanka funds the program, including the free tickets and food for the “hometown heroes”.

What’s really cool about this program is how it recognizes that volunteering is not just an individual effort, but a family, community one. If family and friends aren’t right next to the volunteers while they are giving of their time and talents, then they are often helping them balance things at home and work so that they can volunteer. That’s why we at Michaels Bersani Kalabanka are treating not only the volunteers, but their family and friends as well. We are proud to “take them out to the ballgame”!

Some things we think we know, even things we feel certain are true, turn out not to be, on closer examination, false. I have come across a recent example of this. I do not believe I have been alone in having assumed, all my life, that it is safer to live in the country than in a big city. Haven’t you, too, always assumed life up here in peaceful Central New York is safer than in those dangerous big cities like New York?

Well, your assumption (and mine) was wrong! A recent study shows that cities are in fact safer than the country. If you think about it, I’ll bet you can guess why. Here’s a hint: It has to do mostly with cars and guns.

Give up?

Contact Information