Assumption of Risk in Personal Injury

On November 12, 2015, in Message/News Board, by John A. Weber IV, ESQ.

In the world of Personal Injury and General Tort Litigation, there is a concept referred to as “Assumption of Risk.”  This concept is a defense to the plaintiff’s claim that can defeat the entire claim.  Certain activities have inherent risks.  These risks are well known or should be known to the possible claimant.  In some scenarios, the plaintiff’s skill and experience in participating in a certain activity can form the basis of the defense.  The defense actually works to negate the duty of care owed by the defendant to the plaintiff.  The New York case law is flooded with cases where the assumption of risk defense is raised.  Although a common misconception is that this defense is only applicable for sporting events and recreational activities, it is also applicable to other scenarios.

If you or a loved one are involved in an accident where you believe the assumption of risk doctrine could be asserted, please call the Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620 to speak with a personal injury attorney today!


Car accident leads to 1.5 million dollar verdict

On November 5, 2015, in Personal Injury, by Robbie L. Vaughn, Esq.

Car Accident on the Verrazano-Narrows Bridge 

Barclay Taylor v. Ilenia Cangelosi & Joseph Robles, No. 15650/12 (Kings – Supreme)

Plaintiff alleged that he was driving east across New York’s Verrazano-Narrows Bridge, when the rear of his vehicle was struck by a car being driven by Ilenia Cangelosi. Plaintiff alleged that his vehicle was pushed forward and struck the rear of another vehicle. Plaintiff sued the driver for negligent operation and the vehicle owner for vicariously liability.

Plaintiff claimed that he sustained a herniated disc and two bulging discs. He underwent about 12 months of physical therapy and several injections of painkillers. He eventually underwent a percutaneous discectomy (a procedure that involved removing part of a disc). Plaintiff also claimed that, as a result of his injuries, he was unable to work for four months, suffers permanent residual pain and can’t lift heavy objects or perform rigorous tasks. He also said he must use a cane, may need to have a pain-relieving device implanted in his spine and may need undergo spinal fusion.

Plaintiff sought recovery of $15,000 for past medical expenses, $850,000 for future medical expenses, $885,000 for past pain and suffering, and $1.35 million for future pain and suffering.

Defense counsel argued that Plaintiff did not sustain a serious injury and his current pain may be caused by diabetes and/or obesity.

The jury found that Taylor sustained a serious injury and determined his damages totaled $1.5 million.

These types of cases are very common in New York.  If you or a loved one are involved in a car accident and need legal assistance, call the Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620 today!



Bicycle Accidents in New York City

On August 7, 2015, in Litigation, Personal Injury, by John A. Weber IV, ESQ.

NYC Bicycle injuries


Unfortunately, people that live in congested cities like New York City take their lives in their hands when they choose to walk around their neighborhood or ride their bikes to work. Even when following all of the rules of the road, bicyclists are at risk of being struck by motor vehicles whose drivers simply don’t notice them. Sadly, when accidents happen, riders are seriously injured and even killed. This recent article by Joseph Stepansky is a reminder of how quickly a casual bike ride can become a devastating loss.

If you or a loved one were injured in a motor vehicle accident, whether as a pedestrian, a bicyclist or while you were in a vehicle, please call (516) 858-2620 to speak to with a Personal Injury attorney today!


Legionnaires’ Disease In New York City

On August 5, 2015, in Litigation, Personal Injury, by John A. Weber IV, ESQ.

Legionnaire’s disease is a severe form of pneumonia caused by bacteria found in water whose symptoms include cough, shortness of breath, high fever, muscle aches and headaches and in most severe circumstances death. The symptoms can often be confused with other illnesses. As we have seen in the recent news, the number of cases of Legionnaire’s disease in New York has increased exponentially over the past several years due to reasons including lack of regulation. While most healthy adults can recover from the disease with the use of antibiotics, elderly adults and children who have diminished or weakened immune systems are at particular risk from Legionnaire’s disease and should seek medical treatment immediately. The New York Daily News provided a great article authored by Erin Durkin , Erica Pearson , Larry Mcshane on New York City’s current struggle and it can be found here.

If you or a loved one are diagnosed with Legionnaire’s Disease, please call The Law Firm of Vaughn & Weber, PLLC at (516) 858-2620 to speak to a Personal Injury attorney today!

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