An article about one of our client’s appeared on page 3 of the New York Post on November 14, 2011. Our client, Mary Burke, was a pedestrian and was crossing Sixth Avenue when she was struck by a Chinese food delivery man on a bicycle. Mary suffered a fractured skull. We sued the Chinese restaurant and their insurance company issued a disclaimer, refusing to cover this accident because it did not occur on the “premises” of the Chinese restaurant. Justin Blitz, Esq. is quoted extensively in the article which appears here: Insurer won’t pay for bike-deliverer hit to pregnant woman: suit. Contact Blitz Law Group LLP today.

A Queens County jury awarded $150,000 for injuries sustained in a car accident.  Our client was driving his car when he was stuck by another vehicle.  The defendants conceded that they were responsible for the accident.  Following a three day trial, Justin Blitz, Esq. secured a $150,000 jury verdict for our client who sustained several herniated discs in his back and neck as a result of the accident. Contact Blitz Law Group LLP today.

New York Queens County MOTOR VEHICLE Head-On — Motor Vehicle Headline Unknown. OFFER BEFORE TRIAL: $0 Verdict (P) $150,000 Case A v. M and I Court Queens Supreme Judge Martin E. Ritholtz Date 1/9/2012 Plaintiff Attorney(s) Justin M. Blitz, Schulman Blitz, LLP, New York, NY (Mr. A) Facts & Allegations On March 2, 2009, plaintiff, a 34-year-old man on disability, was driving along the Long Island Expressway in Syossett, with co plaintiff as passenger, when M, who was driving a vehicle owned by I, lost control of the vehicle struck the guardrail and then struck Alamo’s vehicle head-on. Alamo sustained injuries of the back and neck and Obando sustained injuries of the knee. A sued M and I, alleging that M was negligent for failing to control his vehicle, and that I was vicariously liable. Injuries/Damages herniated disc at L5-S1; herniated disc at C5-6; herniated disc at C6-7; epidural injections; physical therapy; torn meniscus; arthroscopy Alamo sustained herniated discs at C5-6, C6-7 and L5-S1. He was taken by ambulance to North Shore Syosset Hospital, where he was treated and released. He subsequently treated with physical therapy for some ten months, and underwent one epidural injection to his lower back. A claimed to suffer pain and limitation that affected his ability to perform daily chores and his relationship with his partner. Alamo’s expert neurosurgeon opined that Alamo’s injuries were the result of the car accident. Defendants contended that A’s injuries did not meet the threshold for serious injury, the the injuries were the result of an unrelated a stabbing incident in 2004, in which A was stabbed some 19 times. Defendants’ expert radiologist opined that the injuries were degenerative in nature, and the expert orthopedist opined the injuries were not related to the accident. Result The jury awarded A $150,000. Trial Details Trial Length: 3 Days Jury Deliberations: 4 Hours Contact Blitz Law Group LLP today.

An article about Schulman Blitz, LLP’s client who was attacked by a subway token booth clerk appeared in the New York Daily News on March 15, 2012. Click Here to see the story. Contact Blitz Law Group today.

Click Here to see the story on WCBS TV’s website. Contact Blitz Law Group LLP today.

Schulman Blitz, LLP settled a case for a woman who was injured when she tripped and fell on a sidewalk defect on the Upper East Side of Manhattan. The case was settled pre-suit with the insurance company for the adjoining landowner for $250,000. Contact Blitz Law Group LLP today.

Fred Schulman, Esq. recently lectured at a Continuing Legal Education seminar for Lawline.com. Mr. Schulman’s course was called “Procedural Pitfalls of New York Civil Practice” and dealt with traps that many unwary lawyers fall into when practicing law in the courts of the State of New York. Mr. Schulman instructed lawyers throughout New York State on how to avoid various problematic issues that arise before, during and after litigation. Contact Blitz Law Group LLP today.

Schulman Blitz, LLP settled a case for a woman who was injured when she tripped and fell on a defect in the street that was emanating from a manhole cover owned by ConEd. Under the law, ConEd is responsible for maintaining the street within 12 inches of the manhole cover. Our client fractured her wrist and had surgery. We settled the case with the attorneys for ConEd shortly before the trial was scheduled to begin for $195,000. Contact Blitz Law Group LLP today.

Schulman Blitz, LLP settled a case for $45,000 for a man who was the victim of police brutality and excessive force. Our client was falsely arrested and during the course of the arrest, the NYPD arresting officer twisted our client’s pinky finger causing it to fracture. We sued the City of New York, the NYPD and the officers involved in the arrest. Following depositions, the case for $45,000. Contact Blitz Law Group LLP today.

Schulman Blitz, LLP settled a case for our client who works at an office building in midtown Manhattan. One day, while riding the elevator to the lobby during her lunch break, the elevator began to shake violently causing our client to sustain injuries to her back and knee. At a mediation shortly before the trial was about to begin, Schulman Blitz, LLP settled the case for $300,000. Contact Blitz Law Group LLP today.

Case Report Negligence Towing dolly too big for van, plaintiff alleged Verdict: (P) $250,000.00 Case Type: Negligent Assembly or Installation, Motor Vehicle – Passenger, Motor Vehicle – Single Vehicle Case Name: Jorge Gomez v. Barn Trailer Service, Inc, Victor H. Martinez and Vilma Z. Martinez, No. 25202/06 Venue: Queens Supreme, NY Judge: Martin E. Ritholtz Date: 10-28-2011 Plaintiff(s): Attorney(s): Justin M. Blitz; Schulman Blitz, LLP; New York, NY, for Jorge Gomez Expert(s): Donald Phillips; Accident Analysis; Hawthorne, NJ called by: Justin Blitz Defendant(s): Attorney(s): Lawrence Inniss; Mendolia & Stenz; Westbury, NY, for Victor H. Martinez, Vilma Z. Martinez Michael P. Ross; Martin Fallon & Mulle; Mineola, NY, for Barn Trailer Service Inc. Expert(s): Jeffrey Lange PE; Forensic Engineering; Deer Park, NY called by: Lawrence Inniss, Michael Ross Insurers: Government Employees Insurance Co. for Victor Martinez and Vilma Martinez AutoOne Insurance for Barn Trailer Service Facts: On April 29, 2006, plaintiff Jorge Gomez, 61, a retiree, was a passenger of a van that was being driven by Victor Martinez, who was traveling on Route 78, in New Jersey. Martinez’s vehicle was towing a dolly that was supporting a car. Martinez lost control of the van, and the van struck a road divider and rolled. Gomez sustained injuries of an ankle, a knee, his torso and a wrist. Gomez sued Martinez; the van’s owner, Vilma Martinez; and the dolly’s owner, Barn Trailer Service Inc. Gomez alleged that Victor Martinez was negligent in the operation of his vehicle, that Vilma Martinez was vicariously liable for Victor Martinez’s actions, that Barn Trailer Service negligently failed to provide a dolly that adequately supported the towed vehicle and that Barn Trailer Services negligently failed to provide adequate instructions regarding the dolly’s use. Gomez’s counsel contended that Barn Trailer Service should have attached a heavier dolly to tow the second vehicle. Gomez claimed that Barn Trailer Service failed to warn or give proper instructions as to the use and safety of the dolly. Gomez’s accident-reconstruction expert opined that Barn Trailer Service failed to follow the safety requirement that the vehicle pulling the dolly must weigh at least 1,000 pounds more than the dolly and vehicle combination that is being towed. He contended that there were other dollies that would have been in compliance with the weight requirement. Victor Martinez contended that he was not negligent in the operation of the van and that the accident was the result of improper equipment that was too heavy and therefore caused him to lose control of the vehicle. Barn Trailer Service’s counsel contended that Martinez’s actions caused the accident. He also argued that Gomez’s counsel was unable to prove that the dolly was the proximate cause of the accident. Barn Trailer Service’s accident-reconstruction expert opined that Gomez’s expert’s theory was not accurate. He further opined that the accident could have resulted from a potential problem with the van’s transmission or an improper placement of the towed vehicle. Injury: The trial was bifurcated. Damages were not before the court. Gomez, who had a prosthetic left leg, was ejected through the back window of the van and thrown some 15 feet. He sustained lacerations and burns of 5 percent of his body, consistent with road rash injuries. He also sustained an avulsion fracture of his right ankle; a comminuted fracture of the head of his right leg’s fibula, which forms a lower portion of the knee; a fracture of the ulnar styloid in his left, nondominant arm’s wrist; and a tear of his right knee’s meniscus. Gomez was transported by helicopter to Morristown Medical Center, in Morristown, N.J., where he underwent closed reduction and the application of a cast that covered his right leg. He remained in the hospital for nine days, and he was subsequently transferred to a rehabilitation center, where he remained for 27 days. On Aug. 10, 2006, he underwent an arthroscopic meniscectomy. He continued physical therapy through the time of trial, treating about once a week. Gomez contended that he suffers pain and limitation in his right leg, and he claimed that he cannot easily walk. He sought recovery of damages for his past and future pain and suffering. Verdict Information: The jury rendered a mixed verdict. It found that Barn Trailer Service was entirely liable for the accident, and the remaining defendants were not assigned liability. Prior to the scheduled start of the trial’s damages phase, Barn Trailer Service’s insurer agreed to tender its policy, which provided $250,000 of coverage. Contact Blitz Law Group LLP today.

I was asked me to share my experience volunteering in Staten Island today. Please get out and help, my words cannot even begin to describe what is happening in our backyard to our fellow New Yorkers. This morning I woke up and I loaded up my car with supplies, and along with two friends of mine, we drove to Staten Island to help out with the recovery effort. We had no traffic on this beautiful Sunday morning, and maybe we have the gas crisis to thank for that. My neighborhood in downtown NYC had no power for five days and looked like a ghost town, but today, and as it has been since the power was restored, it was like nothing ever happened. I have to admit my time in Staten Island has really only been to attend court appearances at the main Courthouse and at the satellite version and other than that I have spent no time in the borough. That also was true for my two friends, but both of them had only been to the borough to run in the NYC Marathon, which ironically was supposed to be held today as we all know. Both of them noticed as we crossed the Verrazano bridge that it was on this bridge the marathon begins and there normally would have been thousands of people running on the bridge towards NYC, and we were driving into what we would later describe as a “war zone.” Our destination was a public school, that a local Staten Islander and a fellow attorney, told me was a station for volunteers. As we began our drive down Father Cappodanno Boulevard, the utter destruction this storm produced became apparent. The first clue of this was seen as soon as we got into the town – there was an incredible amount of what was now garbage, and what was a week before peoples possessions, on the street waiting for garbage trucks that clearly had not gotten there yet. Peoples lives were on the curb, ending up in waterlogged trash. I saw stoves, refrigerators, baby clothes, baby toys, furniture, you name it, all of that all of which had that distinctive stinky moldy muddy smell and look to it. As we drove further into what I guess one would call the heart of where the devastation took place, we found ourselves unable to follow the GPS directions on the streets that our navigation wanted us to go through. Debris was everywhere, wood, glass and nails all over the street adding a further concern of having a tire popped from all the garbage on the street. And considering I only had less than a quarter of a tank of gas in my car, I did not want to have any car issues. It is hard to put into words what we saw next. Schools have become recovery stations and shelters, random streets becoming free bazaars of clothes, water and whatever their neighbors might need. People on the street trying to clean up as much as their property as they can. I couldn’t help wondering where FEMA was with a hundred garbage trucks and debris removers. These people are living amongst their water logged possessions in heaps of trash in front of their houses and driveways. And this thought was after I saw the huge make-shift landfill that the Sanitation Dept has started on the beach. House after house with green inspections stickers indicating they had been inspected and were okay to return, and then there were the ones that were not so lucky. My friends and I had brought in my trunk a bag of my son’s old clothes, jackets, scarfs, hats, water, cleaning supplies, and women’s clothes. We initially parked at a middle school and began walking up aimlessly to people asking if they needed help or clothes. We were told by the woman in charge of the school recovery effort that garbage bags were in short supply and she immediately took the ones that we had. I gave my son’s old clothes to a pregnant woman who had come to the school to gather supplies. I gave my old winter jackets to a Mexican woman who was walking with a young son. The people in charge were doing their best to separate the amount of clothing and supplies that people had donated and were trying to separate the clothes amongst men, women and children items. We asked how we could help and we were told that we could help separate clothes in different piles. We felt we can put our manpower to better use. We helped carry supplies to the cars of woman who had come to stock up for the week. We continued walking down the block stopping people and asking if they needed any of our supplies and if we could help in any way. We decided to get back in the car and head back to a larger recovery stationery that we had seen on our drive in. Driving past what were once nice neighborhoods, we saw total destruction, we saw what seemed like an endless line for gas, and we made it to what was clearly, a much larger and more organized recovery effort. We spent the rest of the day unloading supplies from cars, loading cars up with supplies, separating supplies, loading up New York City buses that were going to different neighborhoods and doing whatever else was asked of us. We helped load an entire New York City bus with water, ready to heat meals, cleaning products, socks, dry ice and everything else one needs to survive. The spirit that I saw from the volunteers was just amazing. I saw cars come from all over the country to drop off supplies, I unloaded a u-haul full of supplies that had been driven down from Cape Cod, and unloaded another truck that had come from Wyoming. The effort was well organized and it was being run entirely by locals and volunteers. We finally loaded up my SUV with as many supplies as we could and attempted to take them to where we were told to bring them. We couldn’t make it there and ended up going to different mini recovery area stations and distributing what the people in charge said they needed most. We did this until the car was empty and then we headed home. My end thoughts are that these people are really in need. If you have a car, and have enough gas, you should load it up with supplies and head to Staten Island this week. There is seemingly a lesser need for clothes than there is a dire need for water, cleaning supplies, garbage bags, bleach, batteries, canned goods, and toiletries. I implore you to talk to your friends and neighbors and gather that stuff and get out there. Head down Father Capodanno Boulevard and you will see a huge recovery area on your left. If you get to Midland Avenue you went too far. You won’t need to look far to find people in need. I hate to say it, but it clearly seems to me that this is a forgotten area. I saw very few FEMA, and very few Red Cross. I did see a lot of New Yorkers just trying to lend a hand to their fellow neighbors in need. Contact Blitz Law Group today.