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

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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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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Hylan Boulevard pedestrian improvements a danger to drivers?

Frank Dito — Mon, 29 Jun 2009 20:51:43 +0000

I am sure that most of you have noticed a few more trees in the median on Hylan Boulevard. Along with those trees, the City of New York Department of Transportation has attempted to improve the safety of pedestrians crossing one of the most dangerous streets on Staten Island. The Staten Island Advance has called Hylan Boulevard Staten Island’s version of the “Boulevard of Death.” Hylan Boulevard has claimed the lives of 5 senior pedestrian’s from 2001-2006. One of the most notorious and deadly intersections is that of Hylan Boulevard and New Dorp Lane. The City of New York has recognized the danger posed to pedestrians and has undertaken an ambitious program to protect pedestrians but at what cost?

The City and the DOT have painted new, high-visibility crosswalks, installed fencing to keep pedestrians safely out of traffic, and painted “stop bars” at the start of the intersection to signal to drivers where they should stop for yellow and red lights at a safe distance from the crosswalk. They have also installed heavy metal “bells” in the median, presumably to protect pedestrians who didn’t have enough time to finish crossing the street from the cars streaking along Hylan Boulevard. Unfortunately, the “bells”, which are approximately 2 1/2 feet high and painted black, are most likely isnbatleld below the site line of most cars and so near the road that they are a danger to cars, especially for turning cars. The shape of the “bells” and their location appear to enable cars to ride up and over them, with potentially devastating effects. It is believed that at least one accident was already caused by these “bells” and it is readily apparent from the scuff marks on the bells that numerous cars have hit them already, just a few weeks after they were installed. In order to protect the pedestrians, should driver’s safety be put at risk? The bells need to be removed or redesigned immediately to prevent any further injury or accidents. Although the safety of pedestrians is paramount, driver’s should not be subject to severe injuries in exchange for their safety.

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Car Seat Safety

Frank Dito — Sat, 30 May 2009 02:13:29 +0000

As an attorney and father of two young children, nothing angers me more than an incorrectly installed car seat. I have seen firsthand how a car accident can wreck so many lives. The National Highway Transportation Safety Administration reports that car accidents are the leading cause of death among children in the United States, but many of these deaths can be prevented. Placing children in age– and size–appropriate car and booster seats reduces serious and fatal injuries by more than half.

What You Can Do To Keep Your Child Safe:

Seat all children ages 12 and younger in the back seat and be sure they are properly restrained every time they ride with you–even during those quick trips to CVS, which Staten Island has far too many of.
Read the instructions to make sure you are properly installing and using the seat. One study found that 73% of nearly 3,500 observed child restraint systems were misused in a way that could increase a child’s risk of injury in an accident.
Send in your car seat registration card so that the manufacturer can contact you about any recalls. You can also call the NHTSA Auto Safety Hotline at (888) 327–4236 to find out about recalls.
Replace any car seat that was used during a car accident. They are made of styrofoam that compresses in an accident, making them one-time use only.
When choosing a car or booster seat, it’s important to find one that is age–and size– appropriate and fits in your car.
Children should start using a booster seat when they grow out of their child safety seats (usually when they weigh about 40 pounds). They should continue to ride in a booster seat until the shoulder belts in the car fit properly, typically when they are about 4′9″ tall.

Booster seats have been shown to reduce injury risk by 59% compared to safety belts alone, for children ages 4 to 7.

If you have any question or concerns about the installation of your car seat, stop by your local firehouse and ask for free inspection or use the following link to find a Child Safety Seat Inspection Center near you. On Staten Island, the Staten Island Safety City Learning Center is open Monday through Friday 9:00 a.m. to 3:00 p.m. It could be the most important 10 minutes that you spend.

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Estate of paralyzed Staten Island man awarded $1.2M

Frank Dito — Mon, 20 Apr 2009 14:13:07 +0000

Silive is reporting the settlement of a lawsuit with the estate of a pedestrian that was hit by a car in 2002. The victim, Lawrence Sinsheimer, was paralyzed after he was struck by a Mercedes-Benz in August of 2002 on Midland Avenue. The driver of the car, Ajay Angras, hit Mr. Sinsheimer with such force that he was knocked out of his shoes and thrown 40 feet into the air. He was paralyzed from the waist down and spent his remaining days in a nursing home, where he died from causes unrelated to the accident, said his lawyer, Bruce G. Behrins. The case settled at a conference before Justice John A. Fusco prior to jury selection. The defendant was represented by the law firm of Connors and Connors.

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8 car pile up in Brooklyn

Frank Dito — Sun, 05 Apr 2009 22:34:36 +0000

1010wins is reporting that several people were hurt an 8 car accident early this morning in Brooklyn, New York. The accident occurred about 8:15 a.m. on De Kalb Avenue between Wyckoff Avenue and Stockholm. Two people were taken to Wyckoff Hospital, one in critical condition and the other in serious condition.

If you have been injured in a car accident, please call the law firm of Decker, Decker, Dito & Internicola to speak with an attorney that will let you know your legal rights.

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14-year old Staten Island girl killed in car accident

Frank Dito — Mon, 30 Mar 2009 18:42:38 +0000

Staten Island resident Regina Kriklivy, 14, was killed Sunday night on Route 80 in Roxbury Township, New Jersey, nj.com is reporting. Ms. Kriklivy was a passenger in the back seat of her family’s minivan and was ejected as it spun out of control across the interstate’s east bound lanes at around 7:30 p.m. The Staten Island Advance reported that

Regina Kriklivy was riding in the eastbound lanes when the minivan collided with a school van carrying 14 children from New Jersey, starting a chain of crashes that also involved a tractor-trailer.

Her father Oleg, 45, mother Larisa, 45 and brother Arthur, 18, were also riding in the vehicle but received non-life threatening injuries in the 7:34 a.m. crash. All eastbound lanes of I-80 were closed for nearly eight hours after the crash.

After the minivan collided with the van, it spun across the highway and slammed into a guard rail. Miss Kriklivy was ejected from the minivan when it hit the rail a second time after spinning around.

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Car Overturns on Staten Island Expressway service road

Frank Dito — Mon, 30 Mar 2009 16:51:48 +0000

The Staten Island Advance is reporting that police and emergency services personnel have responded to the scene of an overturned car at the intersection of Woolley Avenue and South Ganon Avenue in the Willowbrook section of Staten Island. Police have responded to the call as a “pin job”, which means that someone is trapped inside the car.

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Car hits utility pole on Staten Island’s Todt Hill

Frank Dito — Wed, 25 Mar 2009 19:00:49 +0000

The Staten Island Advance is reporting a car accident in Front of 500 Todt Hill Road, near St. Francis’ Friary. The driver was injured according to police reports.

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Man Settles Case against City of New York for $2.5M

Frank Dito — Mon, 23 Mar 2009 21:50:02 +0000

Decker, Decker, Dito & Internicola, LLP is pleased to announce the recent settlement with the City of New York for our client who was injured in the October 15, 2005 crash of the Staten Island Ferry boat Andrew J. Barberi. Our client was a passenger onboard the Barberi and sustained serious injuries when the ferry boat crashed into a concrete pier just outside the St. George Terminal. Despite his injuries, the client continued to aid in the rescue of the severely injured passengers on the ferry while awaiting emergency help. The client sustained numerous injuries to his neck, knee and shoulder during the crash. Due to his injuries, the client underwent spinal fusion surgery and multiple knee and shoulder surgeries. The case settled for $2,500,000.00 prior to the scheduled February 16, 2009 trial date. We wish the client well and hope that he will further recover from his injuries as time moves on. It was a privilege and an honor to represent him throughout this ordeal and we know that the future will bring him better days.

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