Hylan Boulevard Once Again the Scene of Tragedy

Once again, Hylan Boulevard was the scene of 2 serious accidents over the Thanksgiving Weekend, resulting in the death of an 82 year old woman and leaving a 72 year old driver in serious condition. The accidents occurred at opposite ends of Hylan Boulevard, Steuben Street in Grasmere and Woods of Arden Road in Eltingville. What both areas have in common is that the traffic usually thins out in those areas, allowing cars to go racing along at highway speeds. What can be a close call for cars traveling at the 35 m.p.h. speed is a tragic accident when a car is traveling at 50 m.p.h. and above.

Once again, my previous posts about how Hylan Boulevard is more akin to a highway than a street, allowing cars to drive recklessly at speeds rivaling that of Staten Island highways. These accident were not caused by a faulty road design, a blind spot or even the need for a traffic light where there is a stop sign. Instead, these accidents are solely the fault of driver's speeding along Hylan Boulevard. Again, police have set up patrols in an effort to slow people down but to no avail. People need to change. No longer is it acceptable to tailgate that car going 35 m.p.h. because you want it to go faster. Its the speed limit. Its the law. We all need to follow the law as its our only way to prevent more accidents from occurring in the short term.  

The City of New York has said that a red traffic arrow, in addition to the already present green traffic arrow, stopping cars from making a left hand turn will help to prevent accidents at the Steuben Street location. Over the last 18 months, 3 fatal accidents have occurred at the intersection. The cause of the accidents has been attributed to the same cause, namely cars trying to make a left hand turn across Hylan Boulevard. Since the City is obviously aware of the problem and has even proposed some sort of remedial action, my question is, "When?" How long does it take for the City to add a 2nd arrow to the light?  This is the 3rd death in little over a year -  do we have to wait for a 4th? The City needs to move faster to solve this problem, especially since they know the answer already.

In the meantime, will all the speeding along Hylan Boulevard - those 5 minutes you may save - be worth it if you kill someone in an accident? Could you forgive yourself? What if someone took the life of your family member because they were speeding. How would you feel? Please, please, slow down!

City Looks To Limit Liability In Staten Island Ferry Crash . . Again!

The City of New York, taking the lessons learned from the lawsuits resulting from the October 2005 crash of the Andrew J. Barberi, has once again sought to limit their liability from the May 8, 2010 crash of the same ferry boat. The City of New York recently filed a petition in federal court in Manhattan asking that court to limit their liability to $14.4 million, the estimated value of the ferry boat. The petition, filed under the Limitation of Liability Act of 1851, also has the effect of consolidating cases filed in New York State courts into the federal court arena.

The City is once again claiming that the crash, which injured 32 people, simply wasn't their fault. Although the Barberi has had a history of crashes, the City is arguing that the American Bureau of Shipping certified the ship as seaworthy and they did nothing wrong in causing the crash. As this blog has previously posted, a subsequent NTSB investigation (pdf) revealed that samples of the oil used to control the steering engine were highly contaminated. This contamination caused the propulsion valves to become sluggish, possibly causing the steering system to fail. In fact, shortly after the crash, the United States Coast Guard issued a Safety Alert recommending that the two oil filters on the propulsion engine be changed periodically. Despite the Andrew J. Barberi being in service since 1981, and the fact that the Manufacturers Owners Manual requires regular replacement, maintenance engineers NEVER once changed the filters in 29 YEARS! For the City of New York to now claim that they bear no responsibility for the crash is totally disingenuous.  Their maintenance department failed to change a necessary component, apparently never taking the time to read the owners manual in the 29 years that they owned the ferry boat.

Unfortunately, what what the City is really trying to accomplish is to take these injury cases away from a jury and to use the pressure of the federal courts to force settlements upon the claimants. In the October 2003 litigation, the City's petition to limit liability was defeated as the federal court found that the Department of Transportation did not even enforce their own rules requiring two-pilots to be in the wheelhouse, a direct cause of the crash. This situation is no different. As was the case in 2005, I don't believe the City has any hope that their petition will be granted. What they hope is to have all the cases filed in federal court and by the time the petition is decided, it would be too late to go back to the State court. The City is hoping that a federal judge wont punish them for their neglect like a jury of our citizens would. Once again, the City is playing with your safety by cutting costs and then attempting to reduce their liability for the injuries they caused. I hope the federal courts see through this game and deny the petition, sending the cases back into State court.

Staten Islanders Warned to Be Careful of Turkey Fryers

Thanksgiving is right around the corner. Besides the ever-earlier appearance of Christmas decorations, I have also noticed turkey fryers and frying oil at the local Home Depot. More and more people each year decide to deep fry a turkey for the holidays, but many may not know how to properly go about it. I started to deep fry turkeys for Thanksgiving and Christmas about 6 years ago, using the typical propane fryer, and spent many hours outside on Christmas day making sure that the oil did not overheat. After placing the turkey into the hot oil, the temperature of the oil would drop dramatically. I would have to raise the temperature of the oil so that it could reach the proper cooking temperature, and then again make sure that the oil did not overheat. Peanut oil starts to smoke at 450 degrees and could flash over, or ignite, after rising a few degrees above that temperature. I would have to raise the temperature by opening a valve on the propane fryer and increasing the size of the flames. The turkeys were the best anyone in my family ever tasted and would usually be eaten before it made it from the cutting board to the serving plate. Needless to say, when I added a second turkey, I was spending more hours outside than inside cooking. To cut down my outdoor time, last year I invested in an electric turkey fryer. Unlike the propane burners, the electric fryers have a thermostat, preventing the peanut oil from flashing-over and making sure that the oil stays at the proper cooking temperature. The absence of an open flame also prevents oil that spills over the side from going on fire. The advantages over the propane burner are so great that they are even approved for indoor use, although I wouldn’t recommend that.

I have attached a helpful video that shows the dangers involved in deep frying a turkey and provides helpful points for you to follow if you decide to deep fry a turkey. I have provided a few of these helpful safety tips below:

 

Make sure that the turkey is completely thawed before placing into the hot oil. The threat is not from the turkey actually exploding, but from the oil bubbling over uncontrollably, igniting on the open flame. Make sure that you don’t overfill the fryer. It’s always possible to add oil once the turkey is in the fryer but impossible to take out boiling oil. Never allow children or pets near the turkey fryer, as even hours after the burner is shut off, the oil will continue to stay hot. Never use turkey fryers on wooden decks as any spilled oil may ignite, setting the deck on fire. Also, make sure that an all purpose fire extinguisher is available. If the fire is manageable, use the extinguisher. However, don’t hesitate to call 911 if the fire increases or you don’t feel safe in trying to extinguish the fire yourself.

 

The preparation in frying a turkey is well worth the time and effort. With the many different marinades and rubs for you to choose from, you can always find a taste that you and your family will look forward to during the holidays. Please be safe.

'Legal Pot' New Threat To Staten Island Teens?

Just days after the dangers of Four Loko were thrust into the public eye, a new threat to the Staten Island teenager has emerged. Apparently, its perfectly legal to buy "synthetic marijuana" in Staten Island. The "drug", sold as incense under such names as K2, Red Dragon or Wicked, is easily available in gas station and convenience stores throughout Staten Island, along with rolling papers. If smoked, instead of burned as incense, the effect on the user is "overpowering", similar to that of marijuana.

As it is a synthetic product, the drug leaves no trace in the bloodstream and therefore, a teenager can smoke the synthetic marijuana without fear of being caught by their parents or even arrested. As it is not regulated by any City, State or Federal agency, anyone can buy it. Convenience store owners are under no legal obligation to check identification to make sure that the person is at least 18 years old, the minimum protection required for the sale of cigarettes. Although proven to be cancer causing, cigarettes have not been to known to induce hallucinations, racing heartbeats, anxiety, paranoia or elevated blood pressure. Although just as powerful as marijuana, the high from the synthetic version lasts only about 10-30 minutes.

Apart from the ease of purchase, the synthetic marijuana is marketed as "all natural" and "100% organic." The truth is that it is anything but natural and contains synthetic cannabinoids, produced in a laboratory, sprayed onto natural herbs. There is no way to tell how much of the synthetic cannabinoids each package contains, or what other contaminants may have been introduced during the manufacturing process, exposing the user to unknown dangers.

The drug puts us, the non-user, at a severe risk as we can't tell who is using since there is no way to test for its use. People that have sensitive jobs, where drug testing is random, could be smoking synthetic marijuana and we would never know about. The train operator, the hospital worker or even the school bus driver is able to smoke and no one would ever know about it. We could be sharing the road with someone that has just smoked the synthetic pot, which makes them just as dangerous as a drunk driver.

The sad news is that a bill to the sale or distribution of the synthetic marijuana has been pending in the New York State Senate since March, but no action has been taken on it. Drunk driving has become "zero tolerance" amongst law enforcement agency because of the damage it has caused - hundreds of lives destroyed, children without mothers, fathers without sons. We sat back and watched when drunk driving was cool and acceptable. Are we going to wait until we read about tragedies caused by synthetic pot use or are we going step up and ban it while we still can? We can't let this danger continue to roam our streets - I urge you to write your local representatives to take action now - before its too late.  

Staten Island Little League Sued . . . Again!!

New Springville Little league has been sued again, by the same lawyer that was successful in a suit against the little league last year. Last year, the family of Martin Gonzalez received $125,000 for injuries Martin sustained when he slid into second base during a game. The lawyer argued that Martin, 12-years old at the time, was injured because he was never taught to slide properly nor were the bases properly designed to "break away." Despite what many attorneys believed to be a loss, the insurance company for the little league decided to settle.

Cases involving injuries sustained during sporting events are very difficult to win because of a legal principle known as "assumption of risk." When you play sports, you understand that you may be hurt by such things as a baseball, another person or even tripping and falling on the field. Despite your injuries, the principle says that you would be unable to recover any money as you knew the risks but decided to play anyway. At the time the Gonzalez lawsuit was filed, many lawyers on Staten Island didn't believe that it was a strong case. However, the insurance company paid a substantial amount of money to settle.

Now that the insurance company has paid out money, to no ones surprise, a double-header lawsuit was recently filed by the mother of a little league player who was hurt after being hit by a batted ball and then hurt again 2 years later while sliding into third base, very similar to what happened to Martin Gonzalez. Many people have left comments on silive.com expressing outrage over the new round of lawsuits. Numerous comments call for action against the lawyer and blame the current high health care costs on attorneys. Without commenting on the merits of the suit, these comments show the public's ignorance of the role of the trial lawyer in today's society.  Instead of recognizing the good that we have done, we are the punch line of jokes and blamed (partly) for the current economic crisis. How we change the public's perception of trial lawyers is a battle that we may never win. However, we need to do everything that we can to change that perception. Remember the Ford Pinto? Do you think Ford would have changed the design without the lawsuits? I know they wouldn't.

Four Loko To Be Banned On Staten Island? It Should Be!

U.S. Senator Charles Schumer is seeking to ban the sale of caffeinated alcoholic drinks in New York. These drinks contain up to 12% alcohol by volume and are commonly sold in a colorful, 23.5 ounce can. Most domestic U.S. beer contains between 4-5% alcohol content by volume and are sold in 12-ounce cans. Consuming one can of these drinks delivers the equivalent of 3 cans of beer, but with 50% less drinking. With common brand names such as Four Loko and Sparks, they are sold in brightly colored cans for between $2.00 and $3.00 each. These drinks were recently blamed for the hospitalization of six Ramapo College students last month for alcohol poisoning.

Apart from the price, the danger lies in combining alcohol (a depressant) and caffeine (a stimulant) in a fruit-flavored canned drink. The drink, consumed mainly by college students, allows a person to drink well past the point they would normally be too drunk to continue. The caffeine, as a stimulant, masks the effects of the alcohol, and  provides you with additional energy and stamina to continue drinking. Once the caffeine wears off, the full effect of the alcohol is felt. Since the caffeine actually disguises how much alcohol that you have actually consumed, the user may become more intoxicated to the point of passing out or even alcohol poisoning.

The low cost, colorful cans and "high energy" marketing, the drinks may be mistaken by younger children for other caffeinated but non-alcoholic drinks. The low cost and ease of availability at stores such as 7-11 may also help to get the drinks into the hands of teenagers. These drinks are a danger and should be better regulated. We cannot wait for the FDA to determine if alcohol and caffeine are safe, in the meantime college students are being hospitalized after consuming  the drinks. These drinks are a deadly combination of drugs that allow teenagers and young adults to become very drunk, very quickly, very cheaply. Support the ban now!

Last Day for 9/11 First Responders to Accept Settlement

Today is the deadline for 9/11 first responders to accept a settlement offer proposed by the City of New York and the attorneys for the approximately 10,000 injured emergency workers. The settlement, estimated at $815 million, must be approved by 95% of the first responders that have filed claims for their injuries caused by exposure to the toxic cloud that they worked in immediately after the collapse of the World Trade Center Towers.

Workers, depending on the severity of their illness, will receive just a few thousand dollars or up to millions for those most seriously ill. A large portion of the settlement will be apportioned to attorneys fees and expenses. The law firms involved spent enormous amounts of money and without their efforts, no settlement would have been forthcoming. Their legal fees are not the problem.

The proposed settlement, once facing an uphill battle for approval, increased its chances with the House of Representatives passing of the Zadroga Health Care Bill in September. The Zadroga Bill, if passed by the Senate, will re-open the 9/11 Victims Compensation Fund (VCF) and provide medical benefits to those who suffered illness from exposure. The reopening of the VCF would provide the first responders with a chance to recover money for the pain and suffering that they have endured.

Since the senate will not vote on the Zadroga Bill until they return from the mid-term elections, how can any one person be expected to agree to a settlement without actually knowing what they will receive? No one has guaranteed the passage of the Zadroga Bill once the senate reconvenes so why put a deadline of today for those to settle? Haven't they suffered enough?  Faced with the pressure of wondering what their exposure will mean in the long-term, if they will even live to see their grandchildren, the government (I include the City and Federal government under that umbrella) is now forcing the first responders to make a choice - settle now for a limited amount of money with the promise of "maybe" more benefits. If they agree to settle and the Zadroga Bill doesn't pass, will the settlement money be enough for their future health care and lost wages? That answer is a simple "NO." 

Basically, the government has asked the emergency workers to "trust it." This is from the same government that told the responders repeatedly that the air was fine and safe to breathe. Now they are falling ill and dying in ever increasing numbers. "Trust me" they ask now - my father always taught me to walk away from a "deal" like that offered by someone who has burnt you before. Fool me once . . . We all know how that ends.

No Bed Bugs in Staten Island Schools . . .Yet!

Staten Islander's can take relief. The Department of Education has reported bed bugs in 16 public schools throughout Brooklyn, Manhattan, the Bronx and Queens. Finding bed bugs is just the beginning of the problem; getting rid of them is the other. The bugs can hitch a ride home on clothing or inside a backback. Once in your home, they are very difficult to eradicate. Make sure that backpacks are left out of the bedroom and periodically checked for the bugs.

The bed bug "epidemic" has created a cottage industry overnight. A quick search of the Internet reveals a host of "all natural" sprays and exterminating kits for sale. Little information can be found about their ingredients and that is where my concern lies. With the rush for "cures" to stop the bed bugs, one has to wonder what is going into these all natural remedies. Also, many people are seeking to use powerful insecticides to self-treat, as the cost for professional extermination is quite expensive. This may unnecessarily expose children and adults to high levels of toxic chemicals if they are not used in accordance with the instructions.

If you see bed bugs, call a licensed exterminator. Once they are discovered, it is extremely difficult, if not impossible, to rid your home of them without professional help. If you decide to "do it yourself", please read the manufacturer's instructions and follow them carefully when applying pesticides. And only use chemicals as intended. If you have a mattress with bed bugs, you need to throw out the mattress as it cannot be properly cleaned or treated with chemicals. The expense to remove the bugs professionally is high but you will be assured that the job is done properly and safely, with no risk to your family.

New York City Recommends Running Tap Before Using the Water

The New York City Department of Environmental Protection is warning some residents of high levels of lead in their tap water and recommending that residents run the tap for 30 seconds before drinking or cooking with the water. The U.S. Environmental Protection Agency mandates that New York City routinely test the water in certain buildings that are more than 40 years old as these buildings may contain lead water pipes or have lead in the soldered joints holding the pipes together. Tests conducted by the City over the summer in 222 older buildings showed elevated levels above the federal standards in almost 15% of the results.

The purpose of running the water is to clear any lead-laden standing water out of the pipes. As the City's waters supply is lead-free and lead tends to leech from the pipes into the water inside over a period of hours, flushing the pipes should remove any lead from the water that you are drinking. Lead is a very dangerous substance and exposure to elevated levels can seriously affect your health. Symptoms of lead poisoning include developmental delays in children, headache, abdominal pain, loss of appetite and possible kidney failure.

If you live in a home that is older than 40 years, make sure that you have an inspector come in to test the pipes to make sure that they do not contain lead. If they do, consider changing the pipes to remove any lead contained in the solder or the pipes themselves. Obviously, the expense may be considerable depending on how much lead is found. The alternative would be to continually test the water in your home or to run the tap water before you use it. Considering the dangers lead poses and the cost of water in New York City, replacing the pipes is the only solution.

PSAL to Institute Pitch Counts For High School Pitchers

As my neighbors and friends know, I am very much opposed to what I feel is the overload of sports play heaped upon our growing children. I am particularly against what has now turned into the sport of year round baseball. On Staten island, we have spring baseball in April, summer leagues in June, fall ball in September and winter ball in December. Add practice, clinics and other sports such as soccer and basketball, its easy to see how our children are playing continually at a competitive level. I am in agreement that children should be allowed to run, play and have fun but the increase in competitive play brings about an earlier occurrence of serious injuries. The overuse of pitchers has been directly addressed before and this year, the PSAL is instituting a 105 pitch limit for all high school pitchers, along with mandatory rest between outings.

Recent studies have shown that serious injuries, such as tears of the anterior cruciate ligament, are being diagnosed much more frequently. The reason is believed to be two-fold; Initially, more children are undergoing MRI scans when they complain of knee pain. More importantly, the best athletes are constantly at risk with year-round play on multiple teams with frequent games. The risk of injury is higher in a game than in practice because of the higher intensity level of play. Its this higher intensity that leads to more serious injuries than if children were playing in a schoolyard.

The risks involved with the repair of an ACL tear should make all parents evaluate whether their children are playing sports to have fun or are being pushed along by the parents desire to see them play. The operation to repair the ACL involves drilling into the growth plate, causing potential complications including shortening of one leg. The injured child is also on the way to developing arthritis in the knee, something that we only think happens to older adults. I ask that all parents take a moment to think about their child's sports schedule. Sure, most kids love to play all the time but after all, aren't we meant to protect them?

Rental Cars Making Staten Island Roads Unsafe?

As a lawyer who deals with serious and tragic injuries on a daily basis, and company bean-counter mentality, I was still shocked to read about the tragic deaths of two young sisters in a fiery head-on collision. The accident happened in 2004 while the sisters were in a PT Cruiser rented from Enterprise Rent A Car branch in Capitola, California.

The 2004 PT Cruiser had been recently recalled by Chrysler a month before Enterprise rented it to the sisters. The safety recall was for the immediate replacement of a power steering hose that could fail, leaking power steering fluid onto the catalytic converter, causing loss of steering and igniting a fire under the hood. Renting cars with a known safety defect was common practice for Enterprise. After a recall, Enterprise rented the car at least once before it was taken in for repairs, even though they may have known of the recall at least a month earlier. Couple this with a practice of routinely "over-booking" reservations and the result is that these cars were on the road all too frequently instead of being repaired. 

New car dealers are not allowed to sell a car under a safety recall unless the safety issues are fixed. Rental car companies are not held to the same standard and can rent a recalled car to an unsuspecting consumer. One has to question why rental car companies are not held to the same standard? Enterprise has four branches on Staten Island. As they rent numerous cars weekly, Enterprise can be putting dozens of potentially dangerous cars on Staten Island roads. As this all boils down to a "bean-counter" argument, the risks were certainly discussed but again, in the end, company profits won out over consumer safety. If a car is not rented, it is not making money. This affects their bottom line.

Enterprise determined that it would be cheaper to pay for the injuries that their actions caused as opposed to taking these cars off the lots and repairing them immediately. Even after a jury awarded $15 million to the estate of the two young sisters, Enterprise has no plans to change their practice. We need to demand to our local representatives that the rental car companies be held accountable to the consumer and to other drivers on Staten Island roads. Even if you don't have any plans to rent a car, you may be sharing the road with a potentially dangerous vehicle.

First Responders Not Trained in CPR? You Should Be!

A rally was held in Brooklyn yesterday announcing the filing of a lawsuit against the City of New York and the New York City Police Department in the death of an 11-year old girl. The family of the girl, Briana Ojeda, is seeking $17 million in damages for the death of their daughter after a police officer failed to perform CPR on Briana after she suffered an asthma attack. The suit alleges that the police officer told the family he did not know how to perform CPR. Apparently, police officers are retrained in CPR only every two years, although such skills need to continually refreshed. My sincerest condolences go to Briana's family on their loss.

Although the purpose of this lawsuit may be debated, this terrible tragedy presents many valuable lessons. I agree that CPR re-fresher courses should be required annually for first-responders, as opposed to the every two years that the NYPD currently requires. What I also advocate is that every parent should receive instruction in basic first aid and CPR. The course lasts only 1 - 2 hours and is literally a life saver. The New York City Fire Department offers free courses in CPR to groups of 6 - 20 people. The classes can be held in a school gym, a conference room or any other open room large enough to accommodate the participants and the instructors.

Basic first aid courses are taught at various community centers, such as the Staten Island YMCA and JCC's, and applications can be even downloaded to your iPhone or Android-phone that provide step-by-step instruction on what to do when faced with a medical emergency. Some of the applications are free while others cost just a few dollars and provide simple instructions, although they are not a replacement for a proper first aid course. Knowledge of first aid and CPR are extremely important to everyone, especially those who take care of young children and infants. There really is no excuse to becoming first aid or CPR certified. Get certified today - you just may save a life.