Staten Island, New York Child Injury Lawyer Blog | Brooklyn Child Accident Attorney » Staten Island Commuter Safety

Judge Dismisses Injured Man’s Claim agains the City of New York

Frank Dito — Thu, 05 Nov 2009 16:55:47 +0000

After a two-day trial in Brooklyn federal court, a visiting federal judge from Louisiana has dismissed the case of a 66-year old Bronx resident, Joseph Adde, who claimed he was injured in the crash of the Staten Island Ferry Andrew J. Barberi.

The crash, which occurred on October 15, 2003, caused the death of 11 ferry passengers and resulted in over 170 lawsuits filed against the City of New York for their negligence in breaking their own rule requiring two pilots present in the pilot house. The sole pilot in the pilothouse passed out, causing the ferry to crash into a concrete maintenance pier. Mr. Adde claimed that he suffered a herniated disc in his back when other passengers fell on him during the accident. The City claimed that Mr. Adde wasn’t even on the ferry that day. The back injury ultimately required surgery. At Mr. Adde’s deposition, he testified that after the ferry crashed, he walked to Battery Park from the ferry’s Manhattan Terminal, although the crash happened near the Staten Island Terminal. The City also claimed that Mr. Adde’s back injury was pre-existing. After a two day bench trial, which means that the judge and not a jury decided the case, the court concluded that Mr. Adde’s testimony was “much less than credible.”

The City claimed fraud and Mr. Adde’s attorney claimed that his client is an African immigrant who speaks English as his 4th language. The City will vigorously defend lawsuits that they believe are fraudulent and refused to settle the case before trial. However, the claimant will most likely appeal the judge’s ruling in the hopes of getting a new trial, so i am sure that we have not heard the last about it.

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Halloween T.O.T Safety Program

Frank Dito — Thu, 01 Oct 2009 19:05:03 +0000

With Halloween just around the corner, the dangers present should become all too apparent. Selecting the right costume, which children want to start buying in August, can help to make a safe Trick or Treat. Children love to wear masks. The problem is that most masks severely restrict a child’s vision. If it doesn’t fit well, children will also devote most of their attention to adjusting the mask when they should be paying attention to crossing the street. When trick or treating at night, while wearing a dark costume, small children are very difficult to see. I recommend that a child hold a small flashlight or glow stick so that they are visible to drivers. We all need to do our part to help make Halloween safe. My frm has started a T.o.T. (Trick or Treat) Halloween Safety Program. We are giving away free reflective Trick or Treat bags and safety glow sticks, as well as a free report, “Halloween Safety Tips”, that you can download and learn simple tips to help make Halloween safe for all involved. You can access the free report and participate in the T.o.T. Safety program by clicking on the link, T.O.T. Safety Program.

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Staten Island Ferry loses power and crashes into slip

Frank Dito — Thu, 02 Jul 2009 18:37:02 +0000

Another major Staten Island Ferry accident was likely avoided due to the painful lessons learned from the 2003 crash of the M/V Andrew J. Barberi. Yesterday, the ferry boat John J. Marchi lost power while entering its slip at the St. George ferry terminal on Staten Island. Without power, the ferry was unable to slow down and essentially crashed into the slip and the wooden pilings surrounding it without slowing down. Although 15 people were injured, tragedy was avoided due to the actions of the now ever-present crew members and improved public address systems.

My firm had the privilege of representing a passenger injured in the 2003 crash of the Barberi and much knowledge and insight was learned into the workings of the Staten Island Ferry operations. Before the crash, most deckhands would leave the decks and wait out the ride inside the crew-only spaces. When the ferry slowed down to dock, the deckhands would re-emerge onto the deck and prepare for docking. During the Barberi crash, the ferry never slowed down and the deckhands didn’t know that they were so close to the slip. If the deckhands were on the deck that day, they would have seen that the ferry was fast approaching the dock and could warn passengers to move away from the front of the ferry, where the impact occurred.

Yesterday, those lessons learned were put into action. Deckhands were present on deck at all times and warned the passengers of the impending crash, moving them away from the front of the ferryboat. New loudspeaker systems installed after the Barberi crash warned passengers to “hang on” and enabled many people to brace for the impact. If the new practices were not enacted, I could only imagine how many passengers would have seriously been injured just as I could only imagine how many less people would have been killed or injured if theses common-sense safety rules were followed in the Barberi crash. I am thankful that when faced with hundreds of claims, the City of New York realized that in the interest of safety, changes were needed. Those changes most certainly saved many more passengers from injury yesterday.

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