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Michael Rose to Present at NYSBA CLE Event

Michael A. Rose, partner at Hach & Rose, LLP, will once again be presenting at a New York State Bar Association Continuing Legal Education (CLE) event, which will take place next month on December 7 at the Affinia Manhattan Hotel. This CLE event, “Construction Site Accidents: The Law and the Trial 2012,” is part of the NYSBA’s Practical Skills series.

Mr. Rose will be one of several speakers at the event, and will be discussing a number of matters concerning construction site accidents including, (1) Social networking sites and formal and informal discovery, (2) What elements must be satisfied before a plaintiff is granted a summary judgement under Labor Law § 241(6), and (3) Issues surrounding OSHA investigations of construction site accidents. Michael Rose has participated in a number of NYSBA’s CLE events in the past and is pleased to have the opportunity to present again next month.

 


Man sues NY-area Catholic church after heavy statue crushes, amputates leg

A 43 year-old man has filed a lawsuit against St. Patrick’s Church in Newburgh, located 60 miles north of New York City, after its 600 pound crucifix fell on top of his right leg, forcing doctors to amputate it.

According to Fox News, the man was cleaning the cross with permission from the church after he says he prayed before it for his wife’s recovery from ovarian cancer. Upon her recovery, he offered to pick up garbage and clean the crucifix.

The man says that he was using a cross beam for balance when the crucifix snapped from its base and fell on top of him. His lawyer says the 600 pound structure was held to the base by a single screw. His client is seeking $3 million.

If you or someone you love was hurt one someone’s unsafe property, contact the premises liability lawyers of Hach & Rose, LLP today at 866-LAWS-USA to learn how you can get the compensation you deserve.


Hurricane Sandy Damages

Hurricane Sandy, which recently struck the Eastern seaboard and left residents in many states without power, may eventually become the most damaging hurricane in the history of the United States. Even before the storm struck, many were estimating that property damages alone would exceed $30 billion, and some are now claiming that the costs could be even higher. While these economic damages in no way compare with the loss of life that a storm can cause, the financial toll that they can take can have a devastating effect on the lives of affected individuals and families.

Fortunately, many of those who suffered property damage in Hurricane Sandy were insured for these types of damages, and will be able to file a claim for compensation for their losses. However, in some cases, it can be difficult to actually get these claims fulfilled. Often, insurance companies will seek out ways to deny their customers’ claims. For instance, a homeowner whose policy only covered flood damage may be denied compensation on the basis that they mainly suffered wind damage. Homeowners struggling to recover from this terrible situation shouldn’t have to worry about this issue, as well. Contact a qualified attorney today at (212) 779-0057 to learn more about your rights and options in this situation.


Hach & Rose, LLP help construction accident victim win large verdict

In 2007, construction worker Victor Munoz was working at a Times Square hotel when he suffered traumatic brain injuries as a result of falling from a ladder at the site.

Mr. Munoz was near the hotel loading dock, painting a beam, when the ladder became unsteady, causing him to lose his balance. He fell and landed on the concrete below, striking his head on the pavement. Sadly, this devastating work-related accident caused Mr. Munoz to suffer permanent brain damage, resulting in a loss of hearing on his right side and the inability to keep his balance.

The New York personal injury lawyers of Hach & Rose, LLP, represented Victor and his wife, Elvia, in a lawsuit against the Hilton Hotel Corporation. The jury in the case determined that the hotel property owners were negligent in their safety procedures, and therefore awarded $13,020,857 to Mr. and Mrs. Munoz. The award includes compensation for medical bills, lost wages, as well as pain and suffering.

For more information regarding this case, please click here.


Bus driver’s manslaughter trial begins

The criminal trial of a bus driver who was behind the wheel when it crashed, killing 15 of its 32 passengers, started in New York last week. The driver has been charged with manslaughter and criminally negligent homicide.

According to Reuters, the accident occurred in March 2011 in Chinatown. Passengers on the bus were being driven back to New York from a casino in Connecticut when the fatal accident occurred. The bus driver says he lost control when a semi-trailer cut him off.

However, prosecutors cite the National Transportation Safety Board’s ruling that he was fatigued and has a bad driving record. They say there are no signs of him trying to stop when it slid hundreds of feet, hit a guardrail, and rolled over.


Construction Accidents, Municipalities, and Notices of Claim

The construction and repair of roads, buildings, and bridges will always be needed as they make up the very infrastructure of modern society. At times, though, working on such projects can be hazardous to those on the job site due to the negligence of others. When, in New York, a construction worker is injured due to the negligence of a municipality, there is a requirement that the injured worker file a notice of claim within ninety (90) days of the accident in order to proceed with a possible suit.

An example of the notice of claim requirement is embodied, in relevant part, in General Municipal Law § 50-e: A notice of claim is required to be filed “within ninety days after the claim arises . . . and shall set forth . . . (2) the nature of the claim; (3) the time when, the place where and the manner in which the claim arose; and (4) the items of damage or injuries claimed to have been sustained so far as then practicable . . . .”

Quite often there are circumstances where construction workers are injured on municipal property during the construction of municipal buildings, schools, and roadways. In many circumstances when workers are not aware of the notice of claim requirement and fail to contact an attorney within ninety (90) days of the accident, their claims are not preserved and their ability to file a lawsuit can be relinquished forever. Failure to file a notice of claim can prevent a person from recovering lost wages, benefits, past and future medical expenses, and pain and suffering damages.

If you are hurt in a construction accident and it may be due to the negligence of a municipality, it is important to file a notice of claim within ninety (90) days of the accident.

Our firm has achieved jury verdicts and settlements for injured individuals in the amounts of $13 million, $8 million, and $6 million, in addition to many others.

If you need legal help following a construction accident, contact the New York personal injury attorneys of Hach & Rose, LLP, today.


Teen dies after sticking head out of emergency hatch

The horrific death of a 16 year-old boy from Queens made national headlines this weekend after he was fatally injured when he opened the emergency hatch on the top level of a double-decker bus on Friday.

As the teen opened the hatch and stuck his head out, the party bus carrying 65 teenagers to a Sweet 16 party went under a highway underpass near the George Washington Bridge. Several teenagers on the bus saw the gruesome scene and many were covered in his blood.

Law enforcement says the teenager suffered traumatic head injuries, the New York Post reports. The company who owns the party bus plans on conducting an internal investigation.


MO justices overturn liability cap for medical malpractice cases

A 4-3 decision by Missouri Supreme Court justices on Tuesday overturned a 2005 law that capped non-economic damages in medical malpractice cases to $350,000. Patients injured by medical professionals can now be awarded unlimited amounts by juries.

The justices who voted to overturn the law claim it had violated the Missouri Constitution’s Bill of Rights for citizens to have the right of a trial by jury. Supporters of the court’s decision consider it an important victory for patients whose lives have been dramatically altered by medical malpractice.

Opponents argue that the price and availability of healthcare will be negatively affected. Others claim that, before the law was in place, many physicians left Missouri due to rising medical malpractice premiums.

If you or a loved one has been the victim of medical mistake, contact the experienced New York medical malpractice attorneys of Hach & Rose, LLP at 866-LAWS-USA today.


Nearly 15 tons of ground beef recalled due to salmonella scare

A possible salmonella contamination has caused Cargill Meat Solutions to voluntarily recall nearly 15 tons of ground beef.

The defective products were distributed in seven different states and were produced on May 25, 2012. After this, the beef in question was shipped to distribution centers that are located in New York, Connecticut and Maine. It was then sold in Hannaford supermarkets in Maine, New Hampshire, Vermont, New York, and Massachusetts.

The ‘use-by’ date on the product has already passed, but officials are concerned that consumers may have put the beef items in their freezers for later use.

Officials told all consumers to check the beef products in order to make sure that the ‘use or sell by’ date is not between May 29 and June 16. If so, it should not be used and consumers have been promised a full refund. The recall is still under investigation at this time.

If you or a loved one has become ill after consuming a defective food product, you need experienced and knowledgeable representation on your side that may be able to help you receive the compensation for your suffering. Contact the New York product defect lawyers of Hach & Rose, LLP by calling 866-LAWS-USA.


Motorcycles and No Fault Insurance

Traveling in New York can be a daily struggle for individuals attempting to commute to work, school, social gatherings, and other events. Thus, many people turn to motorcycles for transportation. Riding a motorcycle is commonly considered the fastest and easiest method of traveling through traffic, moving around buses and trucks, and avoiding other obstacles on the road. Unfortunately, however, motorcyclists are often injured as a result of the fast pace that these bikes can travel and the lack of protection they provide to riders.

Auto insurance typically covers the damages resulting from motorcycle accidents. However, sometimes long and costly lawsuits are brought to court to determine the party at fault in these incidents. In an attempt to reduce the number of these court battles, many states, including New York, have adopted “no-fault” insurance systems. Under no-fault auto insurance programs, it does not matter who caused the accident. Instead, this law requires the insurance companies of the parties involved to pay up to $50,000 for the various damages one faces as a result of the accident, such as lost wages and medical expenses.

It is important to note, however, that no-fault auto insurance specifically excludes drivers and passengers who commute via motorcycle.

Our firm has much experience representing clients involved in personal injury claims arising from motorcycle accidents in New York. In a case where the passenger of a motorcycle was hit by the door of a limousine, we successfully reached a settlement for $1.7 million. In another case where the passenger of a motorcycle was struck by an oncoming vehicle, a New York jury determined that $8 million dollars was to be paid to the injured passenger.

If you need legal help following a motorcycle accident, contact the New York personal injury attorneys of Hach & Rose, LLP, today.


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