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There Oughtta Be a Law!

Posted by Andrew J. Barovick | Jul 11, 2009 | 0 Comments

You knew it was going to happen.  The combination of texting and walking would lead to disaster, or at least, cuts and scrapes. Which would be followed by a negligence suit .  Yes, a Staten Island teen attempting to do both at once did not see the open manhole that she subsequently stepped into, and is now bringing a suit because she apparently feels that her accident came about through no fault of her own.

Hmmmm!  Didn't some giant of the bar warn about just this type of suit a while back?  Oh, yeah!  It was me!  I don't mean to suggest that there is any merit to the case being brought by this unfortunate young woman in Staten Island.  But wouldn't all such suits be nipped in the bud by a new law banning texting while walking?  And what about people who become injured as a result of such inattention by texting walkers?  And so, without further adieu, I now officially call on Albany to take a break from the important work of following the perverse ways of Pedro Espada and company, and pass a law banning this dangerous behavior (seriously).  Am I being a legal Chicken Little?  Let's just wait and see.

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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$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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