Staten Island Injury Law : New York Personal Injury Lawyer & Attorney : Frank Dito : Decker, Decker, Dito & Internicola Law Firm : Traffic Accidents, Transportation Safety

Despite tens of millions of dollars, the 3 new Molinari-class Staten Island Ferries are still plagued with potentially dangerous mechanical problems.

The new boats were constructed with redundant systems in case of failure. The July 2009 accident involving the John J. Marchi was caused by a complete failure of all redundant parts, which was described as a “car losing its brakes.” The resulting crash into the dock sent 15 people to the hospital. For years, the Staten Island Ferry had its share of crashes due to part failure. Some boats seemed to more prone to failure and commonly involved a specific part. Despite the warnings, the DOT was lax in repairs and in overall ferry operations that was until the 2003 crash of the ferry boat Andrew J. Barberi (pdf), which killed 11 and injured hundreds of other passengers.

In response, the DOT restructured ferry operations (pdf) and made crews more visible to passengers and also revamped announcements warning passengers that they are about to dock. I’m afraid to say that the change was not brought out by the deaths of 11 people but by the lawsuits that were filed by the families of the deceased. It was the threat of financial harm that prompted the changes. What will it take now to make sure that the new Molinari-class boats don’t fall victim to a tragic accident? 15 people have already been sent to the hospital – what will it take to give Staten Island commuters the safety and security that they deserve?

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A morning commute to the City for those who reside on the West shore of Staten Island usually takes them over Hylan Boulevard on their way to the Staten Island Expressway. In the morning, the route is choked and significantly delays commuters. When the route is not clogged, it turns into Staten Island’s own South Shore arterial highway. In certain stretches, especially in areas across from parks, cars and SUV’s easily pass you at speeds that make you feel like you are standing still, although you are driving at 40 miles per hour. And the people that pass you shoot an angry glance as if to say, “Get out of my way – why are you driving so slow?” This general attitude permeates to many driver’s on Staten Island.

No more so is the attitude more readily apparent than in the unfortunate and tragic death of a 17-year old Tottenville High School student, Janine Brawer. Ms. Brawer simply wanted to cross the street and another student was kind enough to show common courtesy, stopping their car to let her cross in front. What happened next robbed a young girl of her life – its apparent that a second car, either speeding or distracted, crashed into the back of the stopped car, pushing that car over Ms. Brawer. Local forums are filled with comments about the police department and how they should stop writing frivolous tickets for crimes such as speeding, failing to wear seat belts and cell phone use, the so-called quality of life crimes.

I say that the police don’t pursue these crimes enough as people seems not to care about the consequences, except when a tragedy like the loss of Ms. Brawer’s life occurs at too young of an age. My thoughts and prayers are with the Brawer family. As a father of two, I cannot imagine the unnecessary pain that the family is going through.

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For years, I lived in Brooklyn and knew Staten Island as the place with the dump and its accompanying bad smell. The Brookfield landfill was the site of years of illegal dumping of toxic chemicals and industrial poisons beginning in 1974. The site was finally shut down in 1981, but not before an estimated 10,000 to 50,000 gallons of industrial waste per week was dumped into holes dug into the ground. Almost 45,000 people live within 1 mile of the landfill and are in close proximity to airborne and waterborne contaminates. Residents have complained for years about lung irritations, noxious odors and other illnesses and irritations.

It is estimated that the landfill produces approximately 95,000 gallons of leachate per day. Leachate is produced when rainwater enters the landfill and becomes contaminated with the decomposing refuse and other industrial waste. Tests of the groundwater around the Landfill show elevated levels of chemicals arsenic, benzene, cadmium, lead and methyl chloride. Since Staten Island does not draw its drinking water from ground wells, the aquifer under the homes surrounding the landfill is contaminated but, based on testing, poses no harm to residents. Doubt is cast upon these studies by the local residents who are living on top of the contaminated ground water.

For years, Staten Islander’s have known that when the winds are a certain way, unknown chemical smells drift across the Island from New Jersey. Staten Island has some of the highest rates in the nation for certain types of cancer. The higher elevations are the cancers that affect the lungs and larynx. Although Department of Health studies have claimed that cancer rates are slightly elevated, their elevated rates are “statistically significant.”

It took 28 years to begin to agree on a plan to clean up the Brookfield Landfill, all the while potentially exposing residents to unnecessary risk. Is our failure and delay going to be something we look back at, like asbestos, and see its future damage to ourselves and our children? Or will it turn out like the famous book and movie, “A Civil Action”, about groundwater contamination in Woburn, Massachusetts. What these cases have in common is that when we acted, despite warnings, it was too late and the damage was done to our children and the environment.

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A Staten Island student, who did not have parental consent, was given the swine flu vaccination by New York City Department of Health staff members. A similar incident occurred in Brooklyn just days earlier.

Although health officials have assured the community that the swine flu vaccine is safe, many parents have angrily objected to any attempt to forcibly vaccinate their children. The non-consented vaccination amounts to a medical battery committed by the staff members who administered the vaccine. We are entitled to make our own decisions about what care we choose to receive. We speak for our children. Whether you agree or disagree with the swine flu vaccination program, it is still your right to chose.

What is especially troubling is the fact that the parental consent forms were not checked by DOH staff. Although I believe the vaccine to be safe, some have alleged that they have suffered unusual reactions after being vaccinated. Whether these reactions are ultimately determined to be related to the swine flu vaccine or not, it is still a parent’s choice to subject their child to that risk. I am offended at the canned response by the DOH in stating that the students suffered no ill effects and that the administration of the vaccine was a “misstep.”

Any vaccination must be carefully considered and could cause a potentially harmful reaction in these children. Since the consent forms were not present, how the DOH staff could not know if the children were allergic to eggs, a common question asked to all recipients of the flu vaccine.

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