Bronx

Published on: November 1, 2012

It is evident that to the extent that the accused man’s memory was clearer

by Stephen Bilkis

Judgment of the Supreme Court convicting the accused, following a jury trial, of manslaughter and sentencing him to an indeterminate term of imprisonment of from six to eighteen years, is reversed on the law and the matter remanded for a new trial.

The accused was indicted for murder in the second degree, criminal possession of a weapon in the second degree and criminal use of a firearm in the second degree as the result of a fatal shooting. The deceased was a physician who had purchased real property located in Bronx County. The accused was the seller of the parcel of land in question, and, following the transaction, the deceased and the accused became good friends. However, the relationship between the two men deteriorated rapidly after the accused first agreed to sell the deceased man’s one-half of a building but subsequently refused to go through with the deal. The deceased man thereupon instituted a lawsuit to compel specific performance, and, when the parties were unable to settle their differences, the matter proceeded to trial and judgment, the outcome of which was that the accused was directed to sell the property to the deceased. The accused filed a notice of appeal and moved for a stay, which was granted on condition that he files a bond and perfect his appeal by a specified date. All additional settlement discussions were unsuccessful, and, finally, on the day before the bond was due, the dispute erupted into violence. The accused and the deceased became embroiled in a heated altercation during which the accused was apparently punched by the deceased and then threatened by him with further physical injury. In response, the accused removed a loaded gun from the desk in his office and followed the accused downstairs to ascertain whether he had left the premises in which the accused man’s printing business was located. The two men exchanged some more words, and the accused fired three shots at the deceased, one of which struck the latter, fracturing his spine resulting to spinal injury and perforating the spinal cord. All efforts to revive the deceased failed.

At the ensuing trial, the arresting officers described the accused as being dazed and incoherent after the shooting, and, indeed, the accused man’s defense was that he lacked criminal responsibility by reason of mental disease or defect. The psychiatric expert who testified on the accused man’s behalf, stated that at the time of the incident, the accused was suffering from a severe adjustment disorder with anxiety and that this condition significantly impaired his ability to comprehend the consequences of his act or to distinguish the real from the unreal. In the opinion of the accused man’s psychiatric expert, because of a childhood eye injury and the attendant loss of his left eye, the accused lived in constant fear of losing the other eye and becoming totally blind. Therefore, when the deceased had beaten him so severely on the day of the shooting that his glass eye had fallen out and also promised to return and blind him, the accused became so petrified that he ceased to function in a rational manner. In rebuttal, the court called the psychiatrist who agreed that the accused had suffered from an adjustment disorder but, nonetheless, concluded that the accused had possessed the capacity to appreciate the nature and consequences of his act, as well as its wrongfulness. Both psychiatrists concurred that the accused was not psychotic.

Published on: October 15, 2012

When a person is hit by a car, the injuries that they incur are likely to be serious

by Stephen Bilkis

When a person is hit by a car, the spinal injuries that they incur are likely to be serious in nature. However, pursuant to New York State Insurance Law § 5102, in order for an injury to be considered serious, it must be so pervasive that it required that person to restrict their lifestyle for 90 of the first 180 days following the injury. That means that the burden to show that they have incurred a serious bodily injury falls to the complainant. The only way to demonstrate a serious bodily injury is to have a board certified doctor perform tests that show definite results. These results must demonstrate that the person has incurred an injury that is both severe and invasive enough to limit the use of a limb. Alternately, in the case of brain or spine injuries, the complainant must be able to show that the injury has rendered them unable to perform tasks that they considered day to day activities prior to the accident.

This became the goal of a man who worked in New York State as a security guard for a school. One day while he was directing traffic for parents who were dropping off and picking up their children, he observed a woman driving a car in the bus lane. When she pulled in, a bus had pulled behind her preventing her from backing up. The Bronx security guard approached her vehicle to help guide her out of the driveway. As he approached, she suddenly put the car in forward gear and struck him. He contends that the force of the impact propelled him up onto the hood of her car and that he sustained serious bodily injury as a result of the accident. This accident occurred on March 12, 2012 at around nine in the morning.

As it turned out, the woman who was driving the car, had borrowed it from her long term boyfriend. The Manhattan boyfriend had rented the car from ELRAC. ELRAC is in the business of leasing automobiles. During the course of the investigation into this case, the security guard determined that the boyfriend had a restricted license at the time that he had rented the car from ELRAC. He contends that if ELRAC had not rented the car to a person that had demonstrated that they were likely to operate the vehicle in a manner that would cause harm to another, that he would not have been injured by the car. He contends that ELRAC had a responsibility to ensure that the persons who rented cars from them would operate those vehicles in a safe manner. The fact that the man’s license was restricted should have been an indicator to them that the man was a less safe driver.

Published on: September 13, 2012

Plaintiff alleged that a car accident occurred on September 15, 2002

by Stephen Bilkis

This involves a case where the court granted defendant’s motion for summary judgment dismissing the plaintiff’s complaint for failure to prove that the latter suffered serious injury threshold requirement of Insurance Law Sec. 5102 (d).

Plaintiff from The Bronx alleged that a car accident occurred on September 15, 2002 at approximately 5:15 p.m. at the intersection of Carman Avenue and Choir Lane in the Town of Hempstead, New York. Plaintiff claimed that as a result thereof, she suffered serious injuries. At her oral examination before trial, the Plaintiff testified that she had a preexisting spinal injury to her lower back from another car accident in 1988. After being treated for the injuries from that accident, the Plaintiff continued treating with a chiropractor for occasional discomfort to her back, “as needed,” rather than having a set schedule of appointments. Following the subject accident, it was suggested by multiple doctors that the Plaintiff undergo surgery and/or physical therapy, but she declined and chose to continue seeing the chiropractor instead. The Plaintiff also declined pain medication immediately following the accident, preferring over the counter medication. But plaintiff admitted she had her first doctor visit for medical expert opinion after 18 months from the accident. Following the accident, Plaintiff testified to having trouble bending over, walking long distances, participating in her children’s activities, dancing, hiking and brushing her teeth. Plaintiff claimed that she had some occasional discomfort in her back prior to the subject accident, and that the accident exacerbated that pain into a chronic condition.

The Court in Brooklyn held that Plaintiff’s claims that her injuries satisfy the 90/180 category of Insurance Law § 5102 (d) are unsupported and contradicted by her own testimony wherein she states that she only missed a week and a half of work and was confined to her home or bed for one week. Additionally, the Plaintiff does not provide any evidence that she was “medically” impaired from doing any daily activities as a result of this accident for 90 days within the first 180 days following the subject accident.

Published on: August 23, 2012

A man was involved in a car accident in 2002 and he sustained injury in his shoulders

by Stephen Bilkis

A man was involved in a car accident in 2002 and he sustained injury in his shoulders, neck and back. According to an MRI report his spinal injury involved bulging discs that impinged his spinal canal. He received treatment and therapy for his injury and he also received compensation for the spinal injury he sustained when he missed work for the days of his confinement until he recovered from his injury.

In 2008, the man figured in another motor vehicle accident in The Bronx. He filed a suit for damages from a personal injury he sustained when he injured his back, shoulders and neck. He claims that he is in constant pain; he has lost strength in his arms; he has lost the full range of motion in his back and neck; and cannot perform his regular daily tasks and perform his regular work.

The man sued the defendants who were owners of the motor vehicle that figured in the accident as well as their insurer. He claims that he sustained serious injury for which he demands compensation under the Insurance Law.

Published on: June 19, 2012

State Representative Teacher Breaks up Fight and Ends up with TBI

by Stephen Bilkis

Dewayne Bunch, a Whitley County High School teacher and State Representative, is reportedly improving after sustaining a head injury when trying to break two boys apart during a school cafeteria altercation. According to the public relations and marketing director for Shepherd Center in Atlanta, Georgia, the 49-year-old’s recovery is going nicely.

The teacher, sustaining serious injuries, was immediately transported to Baptist Regional Medical Center. The then had to be transferred to the University of Kentucky Medical Center. Two weeks later, he was again relocated to the intensive care unit at Shepherd Center, a hospital specializing in the treatment of brain and spinal cord injuries where he improved so much that he was able to be moved to the hospital’s rehabilitation unit.

His wife expressed sincere thanks. She was quoted as saying, “I appreciate the outpouring of support and kindness we’ve received from the community. Please continue to keep [my husband] in your prayers as he continues his journey to recovery.”

Published on: June 15, 2012

Fred Thompson Lobbies against Litigation Restrictions

by Stephen Bilkis

The Tennessee Consumer Protection is under assault, some say. Its advocates claim that this act protects the consumer from businesses and products that produce goods or services that can harm, even to the point of maiming and killing victims, through negligence or unscrupulous manufacturing and selling tactics.

A new bill has been introduced in Tennessee that would make it more difficult to litigate against companies on the grounds of injury and wrongful death caused by negligence or wrongful actions. The proponents of the bill claim it would make the state more business-friendly. The former senator from Tennessee, Fred Thompson, among others has shown opposition to the bill. They have seen instances of what can happen when a company acts without seeming regard for human life. Many of those who advocate against this bill also believe the Tennessee Consumer Protection Act will also be compromised to the point of uselessness should this bill pass. They tell Lawyers that victims would have no legal recourse to pursue the means to gain compensation for their injuries and losses.

Tort reformers are very interested in seeing this bill pass. According to them, “lawsuit abuse” and “jackpot justice” are very common in Tennessee. They fear businesses will not come and invest in Tennessee due to the stifling environment created by easy lawsuits which could very well ruin a small business. A group in Tennessee and others in The Bronx and Brooklyn offered a study that stated the bill would create more than 100,00 jobs and $16.2 billion in “additional economic output” in the state over the next ten year.

Published on: June 7, 2012

Record Brain and Spinal Injury Payout Goes to 9-year-old Boy

by Stephen Bilkis

A 9-year-old boy who was accidentally run over by his own father on a family day out was recently awarded compensation worth £8.1 million today. This is a record-setting amount for a court-approved award for a spinal injury, a source says.

The boy will need lifelong care after suffering severe spinal and brain injuries in March of 2002 when he was just two-and-a-half years old.

The boy’s father did not see him when he reversed the car at Mead Open Farm, near Leighton Buzzard, Bedfordshire. The father drove over his son.

Published on: May 31, 2012

$7.6 Million Spinal Injury Awarded to Teen Paralyzed by Radiation Maltreatment

by Stephen Bilkis

A teenager’s spinal cordwas destroyed in 1978 after she received a lethal dose of radiation at a hospital she was receiving cancer treatment from. She was awarded $7.6 million by a jury.

Some believed at the time that it was the single, largest payment awarded in a malpractice suit in the U.S. After the trial, the 18-year-old said that the jury was full of “wonderful people and now I have a chance for my life.”

The girl’s lawyers said that most of the money was going to have to go toward medical payments.

Published on: May 21, 2012

Accidental Bombing on U.S. Soil Leaves Family Devastated, 36 Years Ago

by Stephen Bilkis

“We heard the plane coming,” the plaintiff recalled. “You know when the bomb bays doors open, the bombs start to whistle. And when you hear the whistling, you know something’s going to be a bustin’.”

It took 36 years, but that man was finally compensated for the injury he received during the accident that left him paralyzed from the waist down in 1944 when the man’s spinal cord was severed by shrapnel. An errant bomber dropped 36 fragmentation bombs on his family’s home and land, missing his target by 10 miles.

He clearly remembers what the incoming bombs sounded like. He also remembers running. He ran almost to the front porch of his uncle’s farmhouse. Those steps proved to be his last steps – ever, taken at 12 years of age.

Published on: April 19, 2012

Spinal Injury Treatments – From the Battlefield to the World

by Stephen Bilkis

Modern medicine has experienced many advancements over the past 100 years. Many of these advancements have come from technology and pharmacological discoveries, while others have come to pass by scientific research and clinical trials. However, as one doctor has learned, many of these discoveries are a result of wartime experiences.

Contrary to many beliefs, both ancient and modern, there is nothing glorious about warfare. The grim truth of the matter is that there are at least two absolute facts about war: #1 In war young men and women die, and #2 There is nothing that anyone can do to change number one except stop the war. For some reason our species seems to have an overwhelming desire to destroy itself. There is however, some good that has come from our experiences in the battlefield. Many new methods to treat fatal spinal cord injuries have been learned by our battlefield experiences and have been transferred over to the civilian world.

One such example of learning such techniques occurred during WWII when many pilots were severely burned. Many of these pilots volunteered to be test subjects for a doctor by the name of Archibald McIndoe who pioneered the use of plastic and reconstructive surgery techniques that are still in use today. A study claims that another such example is that with beginning with the Iraq war and continuing into Afghanistan, the use of improvised explosives devices (IED) are in widespread use and have caused almost countless numbers of head and spinal injuries. Many of the techniques that battlefield doctors and nurses have learned in order to save the lives and limbs of these soldiers are making their way into the civilian medical community.