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

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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I was hurt on a cruise ship – what should I do?

Frank Dito — Mon, 20 Apr 2009 13:52:12 +0000

The simplest answer is to immediately contact a lawyer! To many client’s surprise, your cruise ship’s ticket package gives you the ability to board the ship but it also takes away some of your important legal rights. In New York State, for example, you normally have three (3) years from the date of your accident to file a lawsuit and you can file that lawsuit in almost any court where you live. Your cruise ship ticket package severely limits your time in which to file a lawsuit against the cruise ship company to one (1) year from the date of the accident. You also are required to bring your lawsuit in the federal or state court’s of Florida, where most of the major cruise ship companies are based, regardless of where you live. Many lawyers are unaware of these unfair provisions contained in the cruise ship ticket package and can cause you to miss out on any potential recovery that you would have made for your injuries. Although unfair, the court’s have upheld these provision as perfectly legal. What it really does is insulate the cruise ship companies, big business to the State of Florida, from the cost of their negligence.

If you have been hurt while on a vacation cruise, please contact attorney Frank J. Dito, Jr., Esq., at (718) -979-4300 so that you may discuss your legal rights. Remember, your time to do so is very limited so please call today.

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$1.25M settlement in Rye Playland Death Case

Frank Dito — Mon, 23 Mar 2009 20:33:05 +0000

The parents of a 7-year old boy who died at the Rye Playland Amusement Park have reached a settlement with Westchester County, the park’s owners, for $1.25 million, 1010wins is reporting. The boy, Jon-Kely Cassara, died while on the Ye Olde Mill ride, in which small boats move through a dark enchanted forest scene. After the ride started, the boy got out of his boat and somehow ended up in its channel of water. The cause of death was blunt trauma to his head. County officials acknowledged that the ride was understaffed and should never have been opened that day as only two workers were present, a violation of the park’s policy requiring three workers present to staff the ride.

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