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Posted by Andrew J. Barovick | Jul 31, 2009 | 0 Comments

  • What's the difference between being an attorney , and being a lawyer ?  Not all that much, say the folks at AboveTheLaw . They've even brought in an ethicist to explain.  And a nice, cheesecakey photo of the law school graduate who labeled herself with one of said terms.
  •  State Senator Hiram Monserrate, facing felony assault charges in Queens, lost his motion to suppress an incriminating videotape, and will therefore have to appear for trial on September 14, 2009, according the the cityroom blog.  You may remember that Monserrate was charged with slashing his girlfriend's face with broken glass back in December, 2008.   Monserrate's story, as told through his attorney, is that the girlfriend was “lying in bed when Mr. Monserrate tripped over her shoes and spilled water on her face, startling her and causing her to bump her face into the glass [of water the good Mr. Monserrate was carrying to her].” Kind of reminds me of when I was a DA in Queens, and the more imaginative assault defendants told us that the victim had jumped onto the knife.
  • The U.S. Senate is considering a ban on texting while driving , reports Brian Kumnick of Law.com.  Charles Schumer, a New York politician who has so far refrained from cutting women up with broken glass (at least, he hasn't been caught yet) is one of the movers and shakers behind this worthy effort.  While I applaud this effort, and have done my share of agitating toward similar goals here in the blog, why have they neglected to address the problem of texting while walking ?  I addressed this in my last post , after an unfortunate young lady fell through an open manhole while texting.   In fact, way back in a September 2008 posting in this blog , I spoke of the possibility of someone falling through a manhole while texting.  But what about the other type of accident waiting to happen: a self-aborbed texter walks down the sidewalk, fails to see the elderly lady using a four-pronged cane to navigate, and bowls her over onto the pavement, breaking her hip and sending her to a nursing home for the rest of her life?  Wait till someone texting knocks over the fragile and innocent occupant of a baby carriage.  Maybe then, someone in Albany or Washington will wake up.
  • And Eric Turkewitz, over at the New York Personal Injury Law Blog , has a heartwarming story about a tort reform advocate who got hoisted on his own pitard, so to speak, when he brought what was apparently a meritorious suit for medical malpractice.

About the Author

Andrew J. Barovick

Mr. Barovick is a graduate of Columbia College and Cardozo School of Law. He began his legal career at the Queens District Attorney’s Office, where he tried over 20 felonies to verdict, and argued an equal number of appeals before the Appellate Division, Second Department, the New York Court of Appeals and the United States Court of Appeals for the Second Circuit.

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REPRESENTATIVE VERDICTS & SETTLEMENTS:

$7.9 million dollars for infant client who suffered severe brain injuries due to post- delivery medical malpractice.

$500,000 wrongful death/medical malpractice settlement on behalf of patient brought to hospital emergency room with serious injuries who suffered complications while unmonitored and died.

$425,000 wrongful death/medical malpractice settlement during trial on behalf of senior hospital patient whose surgeon failed to timely address her worsening symptoms, resulting in her death.

$250,000 to young man whose physician failed to diagnose an impending torsion testicle, causing the loss of the affected testicle.

$200,000 to young mother whose OB/GYN failed to timely diagnose and treat her ectopic pregnancy, resulting in excruciating, long-term pain and the need for surgery to address the ectopic pregnancy once it was diagnosed.

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