Articles Posted in Accidents, Personal Injury and Wrongful Death

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Nearly ten years ago, a run man was struck by a freight train and lost his right arm and both of his legs. Recently, the young man, who once thought he would die from his injuries but now runs triathlons, returned To Lourdes Hospital as an inspirational speaker.
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Earlier today, a tractor trailer traveling north on Interstate Route 81 (I-81), in Syracuse, New York, struck a twelve year old boy who was attempting to cross the highway. The accident occurred near Interstate Route 81 (I-81) exit number 28, for Taft Road, which is an exit north of Syracuse’s Hancock Airport.

According to witnesses, the boy entered the shoulder of Interstate Route 81 (I-81) and proceeded to run in front of the tractor trailer. The boy was transported to University Hospital and treated for non-life-threatening injuries. A portion of Interstate Route 81 (I-81) was closed after the accident.

Statistically, every sixteen minutes a person is injured or killed in an accident involving a tractor trailer, big rig, or 18-wheeler. Surprisingly, most tractor trailer accidents occur during the week (88%), during the daytime (75%), in good weather (71%), on dry roads (71%).
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On April 12, 2009, at or about 4:00 p.m., four Syracuse residents were injured in a rollover crash while traveling westbound on the New York State Thruway, near North Chittenango.
Witnesses observed the driver of the car attempt to move into the right hand lane, move out of the right lane to avoid a car, overcorrect his steering to the left, and lose control of the vehicle.

The backseat passengers were ejected from the car, causing one to sustain internal internal bleeding and a collapsed lung. All four of the car’s passengers were transported to University Hospital in Syracuse, New York for treatment. The driver was charged with driving while intoxicated.
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On March 30, 2009, the Honorable David R. Demarest dismissed a negligence and wrongful death action filed against St. Lawrence County by the family of a New York State trooper killed in a 2007 shootout.

Justice Demarest ruled Monday that St. Lawrence County Probation Department was not negligent in the manner in which it handled a warrant for fugitive Travis Trim. Trooper David C. Brinkerhoff was shot and killed by friendly fire on April 25, 2007, during a gunfight that occurred during the execution of the warrant to arrest Trim. Trim was also killed.

Trooper Brinkerhoff’s family alleged that St. Lawrence County was negligent, careless and reckless in allowing Trim to remain free despite multiple probation violations. Our investigation revealed that a warrant for Trim was issued by a Canton Village Court on December 29, 2006. The warrant was faxed to the St. Lawrence County Probation Department on January 2, 2007; however, the Probation Department shredded the fax and waited for the official copy, which never arrived. Trim remained free.

Justice Demarest ruled that the Probation Department’s handling of the warrant for Trim several months before the shooting “was not a factor which indirectly produced the tragic result.”
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On Wednesday, September 26, 2007, a local jury unanimously awarded the victims of a violent motorcycle collision $3,418,405.60 in damages. The injured plaintiffs were represented by Anthony S. Bottar and Michael A. Bottar.

On June 4, 2004, the plaintiffs, Stephen D. Salisbury, Jr. and Christine K. Dannible, were on a motorcycle driven by Mr. Salisbury. While stopped at a red traffic light, an automobile operated by defendant, Jonelle Christian and owned by defendant, Central National Bank (leased to defendant, Anthony Christian) rear-ended the motorcycle. The violent collision threw the plaintiffs from the motorcycle, causing Mr. Salisbury to suffer a compound tibia fracture requiring surgical correction, and causing Ms. Dannible to suffer a “mild” traumatic brain injury.

At trial, the defendants did not dispute that the collision caused Mr. Salisbury’s broken tibia, but contended that there was no radiological or diagnostic evidence that Ms. Dannible suffered a brain injury.

Mr. Salisbury called his treating orthopedic surgeon. Ms. Dannible called her treating neurosurgeon, psychologist and concussion management program director, internist, nurse practitioner and physical therapist who unanimously opined that she suffered a mild traumatic brain injury in the collision, and is and will continue to suffer from the effects of post-concussive syndrome. Defendants called a neurologist and neuropsychologist who, on cross-examination, conceded that Ms. Dannible suffered a mild brain injury in the collision.

The case went to the jury after eight days of trial. After deliberating for three hours, the jury awarded Mr. Salisbury $12,061.24 for past medical expenses and $150,000.00 for past pain and suffering. The jury awarded Ms. Dannible $34,098.36 for past medical expenses, $122,246.00 for past loss of earnings, and $300,000.00 for past pain and suffering, as well as $1,000.000.00 for future medical and rehabilitation expenses (including medication), $800,000.00 for future loss of earnings, and $1,000,000.00 for future pain and suffering. Plaintiffs are entitled to statutory interest, increasing the total verdict to more thabn $4,000,000.00.
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