New York Legal Blog

Our personal injury clients in New York slip and fall cases, automobile accidents, various premises liability cases and construction accidents are often contacted within a few days of the accident by "concerned" investigators hired by insurance companies (especially Allstate, State Farm, Progressive, New York Central Mutual and Countrywide) allegedly to "help" them or "assist you in any way we can." This is insurance code speak for destroy your case before you get a chance to hire a lawyer.

The usual ruse will be that the investigator goes to the residence of the injured person, or that of the neighbor or relative, because he has "important information" for the person who's been in the accident or needs to speak with them to make sure their case is "handled correctly." In fact, these duplicitous and deceitful insurance representatives are looking for the following: a way to discredit the person; establish that they are working; find out what kind of work they do; what type of car they drive; or their previous medical history (such as a prior accident or lawsuit) that could be helpful to the insurance company in denying the claim. These "helpful" insurance representatives will go so far as to leave their card with their e-mail and cell phone information that can be accessed 24/7 to be of "extra assistance."

We represent a client who suffered very serious leg injuries in a Westchester County car accident when an oil company van driver backed up his van in a gas station, knocking down our client, and then rolled over his leg, causing severe injuries. Despite the fact that we were immediately retained to represent our client, weeks after we notified the insurance company of our representation, they unethically sent one of these investigators to our client's brother's house, since it was "vital" that they speak with the client to make sure that he was "doing o.k." Luckily, in our client's case, the brother sent the lying investigator on his merry way with an admonition never to return, as we had warned our client ahead of time about this practice.

A word to the wise: When you are in an accident and are making a claim, make sure your friends, colleagues, neighbors and relatives "just say no" to the nice insurance investigators at the door that want to "be of whatever assistance they can"--they are lions in sheep's clothing.

Posted by Mark Siesel | Permalink | Email This Post

Posted In: Successful Injury Case Strategies

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In the latest installment of our series on mothers driving while intoxicated with their children in the car, in a Westchester County DWI this week, a 35 year old teacher named Karen Kayser was charged with aggravated DWI, and two misdemeanor counts of child endangerment for driving with a blood alcohol content (BAC) of 0.35 percent with her two children, ages 1 and 2 in the car.

The alleged incident occurred on April 7, 2008 when the 48 year old Newburgh resident and special education teacher at the Felix Festa Middle School in Clarkstown, New York was pulled over for aggravated driving while intoxicated on the Sprain Brook Parkway in Greenburgh. Luckily, Ms. Kayser's two infant children were not injured. Mrs. Kayser has been banned from any contact with her children and is due back in Greenburgh Town Court before Justice Doris Friedman on April 25, 2008.

Posted by Mark Siesel | Permalink | Email This Post

Posted In: DWI/DWAI in New York

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A Westchester County Corrections Officer was severely injured on April 6, 2008 when his car was rear ended by a drunk driver on the Sprain Brook Parkway, two miles north of the Jackson Avenue exit. Mr. White's Land Rover flipped over several times as a result of this Westchester County car accident. The officer, 42 year old Darren White of Poughkeepsie, was ejected from his vehicle in this New York DWI accident, and suffered severe head trauma. His wife, Tomasha Thomas-White, suffered back and neck injuries.

The driver of the other car, Paul DeBerry, was not injured. Mr. DeBerry was charged with second degree vehicular assault, a felony, and driving while intoxicated, a misdemeanor. DeBerry was also cited for the traffic violations of following too closely and speeding.

According to police, DeBerry's blood alcohol content (BAC) was 0.12 percent, over the legal limit of 0.08 percent. DeBerry was to be arraigned in Greenburgh Town Court on April 8, 2008.

Posted by Mark Siesel | Permalink | Email This Post

Posted In: DWI/DWAI in New York

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A study conducted by The National Initiative For Children's Healthcare Quality, using a new scientific detection method, has determined that for every 100 hospitalized children, there are 11 drug-related harmful events. These include medicine mix-ups, accidental overdoses, and bad drug reactions. This new estimate translates to more than 7% of hospitalized children, or approximately 540,000 children annually, based on government data. The new method uses a list of 15 "triggers" on children's charts, including use of specific antidotes for drug overdoses, suspicious side effects and various lab tests.

The results will be made available to the public in the April issue of the journal Pediatrics. Experts say that the problem is larger than the study concludes, because it only reviewed selected charts, and didn't include results from general community hospitals, where most U.S. children are treated.

Posted by Mark Siesel | Permalink | Email This Post

Posted In: Medical Malpractice

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Following up on our February 4, 2008 post "Fatal Putnam County DWI Crash Leads To Conviction Of Bar Owner", on February 24th, Paddock Tavern owner Ray Knox Jr. was sentenced to 9 months in the Putnam County jail for his conviction of allowing his off-duty bar manager Sandra Longchamps to be served alcohol while visibly intoxicated.

This fatal Putnam County DWI case arose from an accident on Super Bowl Sunday 2007 in which Longchamps drove her Ford Explorer (after being served 12-14 drinks at the Paddock) on Route 22 head-on into a minivan operated by 34 year old Kirsten Henry, who was driving with her three children and husband in the car. Both women were killed in the car accident, but Ms. Henry's three minor children ranging in age from 2 to 7 survived, as did her husband.

Knox' attorney requested that Town Justice John King not sentence Paddock to jail time, pointing out that it is unusual for a bar owner with no record to get jail time in a DWI misdemeanor case. However, the families of the late Ms. Henry and her surviving husband submitted victim impact statements to the Court, and the special prosecutor had urged the court to sentence Mr. Knox to the maximum one year sentence. Knox's attorney indicated that he would appeal the sentence, claiming that Knox did not serve Longchamps that evening or have direct interaction with her--essentially, a claim that Knox did not know Ms. Longchamps was intoxicated that fateful Sunday.

Posted by Mark Siesel | Permalink | Email This Post

Posted In: DWI/DWAI in New York

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