Cherry Hill, New Jersey Personal Injury Lawyer - General Personal Injury

Miami Crane Collapse Kills 2 - Florida Has No Regulations Dealing With Tower Cranes And Crane Operators

Mike Ferrara — Tue, 25 Mar 2008 22:45:11 GMT

As incredible as it seems, 10 days after seven were killed in a New York City crane collapse, the virtually identical thing happened again in Miami. The startling news this time is that Florida does not regulate or license tower cranes and crane operators. Two workers were killed and five were injured when the crane fell 30 stories. Workplace injuries kill and injury thousands each year. This is what happens when contractors and building owners disregard worker safety. A few good lawsuits can change all of that. The contractors at the Tropicana Casino in Atlantic City paid $101 million dollars to settle claims of injured and killed workes when a garage there collapsed. Expert testimony revealed short-cuts were used to speed up the completion of the project. I urge anyone who has lost a loved one or has had a loved one injured in ANY construction accident to seek the services of an attorney who handles these cases. There is no excuse for these tragedies. The owners and contractors have to be held personally responsible for the harms and losses they cause. Decent folks demand nothing less.

Originally posted at InjuryBoard by Mike Ferrara

Safety is Job One - Deaths at NYC Construction Site Should Not Have Happened

Mike Ferrara — Sun, 16 Mar 2008 14:13:23 GMT

Yesterday's tragic crane collapse in NYC killed four and injured 10. It happened in mid-town Manhattan and could have been much worse. The site at 50th Street and 2nd Avenue is a bustling mid city intersection. The crane was on the 19th floor of a 44 story condo that was being built. There had been prior violations at this work site and neighbors complained that the workers were working illegal hours and the building was going up too quickly. An owner of the contstruction company Reliance Contruction Group, Stephen Kaplan, said "this was a freak accident" and tried to explain what happened. Well Mr. Kaplan, I have something to tell you. There are no "freak accidents" at construction sites. That is why there are federal and state regulations dealing with workplace safety. That is why everyone involved in a construction project has to forsee what could possibly go wrong and prevent against it. While these four workers died a tragic and needless death, hopefully it will not be in vain. Owners like Mr. Kaplan and others of his ilk, will be sucessfully sued. Hopefully, construction companies and building owners will begin to take worker safety seriously so these tragedies can end.

Originally posted at InjuryBoard by Mike Ferrara

Vioxx Deadline Passes - 85% Settlement Figure Expected to be Reached

Mike Ferrara — Sun, 02 Mar 2008 02:02:11 GMT

The historic $4.85B Vioxx settlement by Merck (NYSE: MRK) Is one step closer to a final resolution. One of the requirements of the settlement was the at least 85% of the approximately 55,000 persons suing Merck had to agree to the settlement. The deadline to enroll all clients who desired to participate in the settlement was Febrary 29, 2008. Early reports indicate that the 85% figure will be easily met. Those that do not enroll in the settlement will have their cases listed for trial in either Atlantic City, NJ, New Orleans, or, perhaps whatever state they orginally filed their suits. Most cases not filed in NJ were filed in many different states, but were all moved to the United States District Court in New Orleans and were presided over by Judge Fallon. The judge there may send those cases not in the settlment back to the home states of the plaintiffs. Merck has promised that the first checks will be sent to clients on a rolling basis beginning in August, 2008. Of course, Merck does not admit any responsibility for the heart attacks, strokes, and deaths caused by the now disgraced and withdrawn pain killer drug, Vioxx.

Originally posted at InjuryBoard by Mike Ferrara

100 Kids Died in 2006 in ATV Crashes - An Underreported Horror Story - The Time Is Now To Ban ATV's.

Mike Ferrara — Wed, 20 Feb 2008 13:49:08 GMT

Imagine an American child dying a needless death every third day of every year. That is the latest statistic on ATV (All Terrain Vehicle) deaths in 2006 as reported by the Consumer Products Safety Commission. These 100 child death cases do not include another 455 adult death cases in the same year. Imagine - 555 deats blamed on ATV crashes in a single year. If that wasn't bad enough, the CPSC also reports an additional 146,000 others that were hurt seriously enough to required emergency room treatment. These figures are expected to go much higher as the government received additional information from coroners and hospitals nationwide. The time has come to ban this product. It serves no useful function. The "fun" that you get from the brief ride can never compete with the tragedy of having to bury your loved one. The time has come for the CPSC to act before thousands more are killed or permanently injured.

Originally posted at InjuryBoard by Mike Ferrara

New Jersey Appellate Court Rules 911 Operator Not Immune From Liability For Botched Call

Mike Ferrara — Tue, 19 Feb 2008 09:30:00 GMT

A three judge panel of the Superior Court of New Jersey's Appellate Division ruled today that a 911 operator and her employer are not immune from liability. Today's unamious rullng reversed the decision of trial court judge Charles Little who found in favor of the 911 operator Marie Cuparo and her employer, the City of Camden (N.J.).

In this case, a call came in to the 911 operator for the City of Camden describing an abduction in progress at the Ferry Avenue, Camden, Hi Speedline station parking lot. The operator said: "it sounds like a domestic dispute". Incredibilty she never dispatched police officers who were 400 yards away.

Expert testimony revealed that had the call be properly entered in the computer, the officers would have gotten to the scene in time to prevent the abduction and eventual murder of 26 year old Christine Eberle. Instead of entering the call into the computer as she was required to do, she wrote it on a slip of paper and never dispatched the police.

The effect of today's ruling is that the case wil be returned to the trial court in Camden County where it will proceed to a jury trial. Attorneys hailed the ruling, saying that Judge LIttle's opinion was wrong and he should never have dismissed the case in the first place. Fortunately, the appeals court agreed. The murder occurred in November of 2001. Christine is surved by her parents, Linda and Charles Reis, her sister Mandy and brother C.J.

Originally posted at InjuryBoard by Mike Ferrara

23 Year Old New Jersey Man Indicted in Drunk Driving Death Case

Mike Ferrara — Mon, 18 Feb 2008 13:40:14 GMT

When a bunch of young adults go out to drink on a weekend and then decide to drive, the consequences can be devasting to them and to their victims. Everyone knows you must not drink and drive. The problem stems from the fact that when you are drunk, you may not remember that rule. That is why the designated driver rule is so important. Also, bartenders and servers must NEVER serve alcohol to someone who is visibly intoxicated. The latest tragegy involved the death of a 88 year old Monroe woman who was struck by Jason Grochowski, 23. His blood alcohol reading was 0.16, twice the legal limit of 0.08. He was indicted today by a Middlesex County grand jury for aggravated manslaughter and other charges and faces lengthy jail time. We must all work together to make sure senseless tragedies stop.

Originally posted at InjuryBoard by Mike Ferrara

911 Liability - PA Woman With MS Calls 911 When Bed Catches Fire - Her Call Put on Hold And She Burns To Death Waiting

Mike Ferrara — Sat, 16 Feb 2008 12:59:43 GMT

Everyone around the country must learn about the Brenda Orr tragedy. In Bucks County, PA, a suburb of Philadelphia, Brenda Orr placed a call to 911 when her bed caught on fire. She suffered from MS and was unable to get out of bed. Her 911 call went to the Bucks County dispatchers who could have answered her desparate call for help. Her call rang for 30 seconds and no one answered. When it was was finally answered, the dispatcher put on her hold. Whether or not a prompt answering of the call would have made a difference in saving Brenda will never be known. There may be disciplinary action against the 10 dispatchers who could have answered the call. The Philadelphia Inquirer called for a strict ban on putting any 911 caller on hold.

The Bucks County Commission Chair James Cawlery said: "mistakes were made and for those mistakes we are truly sorry".

Residents across the river in New Jersey are anxiously awaiting a decision due this week on whether 911 operators who make mistakes are immune from liability. In that case, a call came in to the 911 operator for the City of Camden describing an abduction in progress in a train station parking lot. The operator said: "it sounds like a domestic dispute". Incredibilty she never dispatched police officers who were 400 yards away. Expert testimony revealed that had the call be properly entered in the computer, the officers would have gotten to the scene in time to prevent the abduction and eventual murder of 26 year old Christine Eberle. Instead of entering the call into the computer as she was required to do, she wrote it on a slip of paper and never dispatched the police.

A trial court judge, Charles Little, ruled that the operator, Marie Cupparo and her employer, the City of Camden, could not be sued because they were immune under New Jersey's Tort Claims Act. Court observers feel there is a good prospect that a three judge panel of the Appellate Division of New Jersey's Superior Court will find that Judge Little's ruling was erroneous. Should that occur, then the case will go to trial in Camden County, New Jersey. Michael A. Ferrara, Jr., one of Christine's attorneys, said: "Christine's family anxiously awaits the high court ruling. It would serve the interest of justice to be able to hold the 911 operator and her employer personally responsible for the harms they caused Christine's family".

Originally posted at InjuryBoard by Mike Ferrara

Woman's Face Bitten By Bulldog - Receives $1M Settlement

Mike Ferrara — Wed, 06 Feb 2008 23:53:05 GMT

A California woman received a $1 million dollar settlment for injuries she received after being bitten in the face by a 90 pound bulldog. The dog's owner who was 19 at the time, was indicted on a felony charge. Her mother, who bought the dog, was also indicted. Both criminal charges were eventually reduced. The settlement was paid by the homeowner's insurance company. Most folks do not realize how dangerous some dogs can be. Be certain you double check your homeowner's policy to make certain it covers injuries caused by your dog.

Originally posted at InjuryBoard by Mike Ferrara

New Jersey Hospitals Kill 42, Seriously Injure 408 in 2006

Mike Ferrara — Mon, 21 Jan 2008 01:03:48 GMT

One of the first things doctors learn in medical school is the old adage that they do no harm. Except in New Jersey. Official state records just released reveal that in 2006 there were 42 persons killed and 408 seriously injured in New Jersey's 78 hospitals. Things are getting worse - in 2005 there were "only" 376 such incidents.

The most common events were falls, pressure ulcers, medication errors, burns, wrong-site surgeries, and sponges and medical instruments left in patients. This horrendous record cries out for action by the New Jersey Medical Society. The hosptials must do a better job to insure patient safety. The Medical Socity owes a duty to all New Jersey citizens to weed out the incompetent doctors.

The editors of New Jersey newspapers and the members of the Senate and Assembly need to read the report in full and demand prompt remedial action. The Medical Society, in shrill tones designed to hide the truth, argues that the solution is tort "reform" and caps. Unfortunately, those solutions only reward bad doctors. Bad health care providers must be held personally responsible for the harms they cause. A complete copy of the 2006 report from New Jersey's Department of Health and Senior Services is available onlne . It should be required reading and certainly paints a bleak picture of the state of health care in New Jersey.

For more information on this subject, please refer to the section on Medical Malpractice and Negligent Care.

Originally posted at InjuryBoard by Mike Ferrara

New Jersey Senate and Assembly Pass New Wrongful Death Bill - However Governor Corzine Vetoes It

Mike Ferrara — Thu, 17 Jan 2008 01:11:52 GMT

The New Jersey Senate and Assembly passed changes to the state's 130 year old Wrongful Death bill. The bill then went to the Governor's desk for his signature but he refused to sign it. Under New Jersey law, his failure to sign the bill had the same effect as a veto and the bill died. It will be reintroduced again in the next session of the legislature that began last Tuesday. Supporters of the bill were shocked that the Governor would favor big business, insurance and hospital lobbies over the rights of everyday citizens and grieving families.

"We would have expected this from a Republican Governor, but never from Governor Corzine who always lined up against these monied interests when he was a United States Senator", said Michael A. Ferrara, Jr., an attorney from Cherry Hill, NJ, and a Past President of the New Jersey Trial Lawyer's Associaton (ATLA-NJ) and the Civil Justice Foundation.

The bill was strongly supported by the AARP, The New Jersey Bar Association, consumer and labor groups, and the Trial Lawyers Association (ATLA-NJ). Fierce opposition to the bill was waged by the big pharmaceutical companies, lobbyists for doctors and hospitals, insurance companies and big business. They contended the bill will drive business out of New Jesey and raise medical malpractice premiums. However, the sponsor of the bill, Assemblywoman Shirley Oliver, said opponents of the bill were unable to provide her with proof of their allegations. Amos Gern, President of ATLA-NJ, said when the bill was passed: "this is a good day for New Jersey citizens. The surviving family members of those who die as a result of the negligence of others will be able to seek justice for the emotional harm they suffer." Up until now, that was not an item of compensable damages under New Jersey's antiquated Wrongful Death Act. "Unfortunately, the Governor let the citizens of New Jersey down and everyone hopeful he will sign it when it returns to his desk next session", Gern added.

For more information on this subject, please refer to the section on Wrongful Death.

Originally posted at InjuryBoard by Mike Ferrara