 |
|
Ben B. Rubinowitz |
Ben Rubinowitz, a partner at Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf will be speaking at the Dutchess County Bar Association in New York State. Mr. Rubinowitz, who specializes in representing the victims of auto accidents, construction accidents, bus and train accidents, medical malpractice, premises liability cases and products liability claims, will discuss effective Direct and Cross Examination techniques.
To date, Mr. Rubinowitz has 92 settlements and 19 verdicts in excess of $1,000,000.00. GGCSMB&R is widely considered the top personal injury firm in New York. As is true for many of the partners at his firm, lecturing and teaching lawyers is an integral part of the firm’s practice. Throughout its 90 year history the firm has obtained some of the highest awards for its clients. The firm believes strongly in giving back to the legal community and has always volunteered its time to participate in Continuing Legal Education Programs throughout the State and Country.
Thursday, May 10, 2012
Personal Injury Update 2012: Pretrial Motions, PJI Charges, Direct/Cross Examination and Medicare
5:30 p.m.-9:00 p.m.
3 Skills credit The Poughkeepsie Grand Hotel
$70 for members paid in advance, $90 for non members and walk-ins Includes Dinner Panel discussion coordinated by Bryan Schneider, Esq.,
with speakers Hon. Ralph Beisner, Ben Rubinowitz, Esq. and John Cattie, Esq.
By Rhonda Kay, Partner, Gair Gair Conason Steigman Mackauf Bloom & Rubinowitz
In New York personal injury cases it has become routine for defendants to serve a notice for discovery and inspection of a plaintiff’s facebook page.
Who doesn’t have a Facebook page these days? It’s the most popular way to connect and stay connected. Fortunately, there are numerous settings available so you can control the privacy level of your content and therefore, who you share your information with. So if you wanted to post a comment to your Facebook “friends” informing them that despite that devastating car accident you were recently in, and the pending million dollar lawsuit against the other driver, you feel great, have gone back to work, and participate in all of your daily activities; no problem right? Your secrets are safe?
In the context of personal injury cases, the New York courts seem to agree that legally, to the extent that a plaintiff’s Facebook postings are relevant, in that it contradicts or conflicts with plaintiff’s alleged restrictions, disabilities, and losses, and other claim, it is discoverable (see, Patterson v. Turner Constr. Co. (88 A.D.3d 617, 931 N.Y.S.2d 311 [1st Dept. 2011]; McCann v. Harleysville Ins. Co. of NY (78 A.D.3d 1524, 910 N.Y.S.2d 614 [4th Dept. 2010]). In fact, disclosure is not necessarily limited to the “publicly available” portions of one’s facebook account but may also include the portions which were deemed by the user to be “private” or even those postings that had been deleted (see, Patterson v. Turner Constr. Co., supra [the postings on plaintiff’s online Facebook account, if relevant, are not shielded from discovery merely because plaintiff used the service’s privacy settings to restrict access]; Loporcaro v. City of New York, 2012 N.Y. Misc. LEXIS 1726, 2012 NY Slip Op 30977U (N.Y. Sup. Ct. Apr. 9, 2012][allowing access to certain deleted materials]).
After all, “to permit a party claiming very substantial damages for loss of enjoyment of life to hide behind self-set privacy controls on a website, the primary purpose of which is to enable people to share information about how they lead their social lives, risks depriving the opposite party of access to material that may be relevant to ensuring a fair trial” (Romano v. Steelcase Inc., 30 Misc. 3d 426, 907 N.Y.S.2d 650 [Sup. Ct. Suffolk Co. 2010]). What is not clearly defined, nor apparently uniform, is the way the courts treat Facebook disclosure requests. For instance, in Loporcaro v. City of New York, (supra), the plaintiff alleged in his bill of particulars that he was incapacitated, confined to bed or home during the first two months following the accident, and suffered permanent effects on his daily life. Granting defendant access to portions of plaintiff’s Facebook account, including access to certain deleted materials, it was the court’s opinion that since it appeared that plaintiff had voluntarily posted at least some information about himself on Facebook which may contradict the claims made by him in the present action, the moving defendant had sufficiently shown that information contained within plaintiff’s Facebook account may contain information that may well prove relevant and necessary to the defense.
Similarly, in Romano v. Steelcase Inc (supra) defendant filed a CPLR 3101 motion for access to plaintiff’s current and historical social networking pages and accounts claiming that the plaintiff had placed certain information on the sites that it believed were relevant to the extent and nature of her injuries, especially her claims for loss of enjoyment of life. The court found, inter alia, that in light of the fact that the public portions of the plaintiff’s social networking sites contained material that was contrary to her claims and deposition testimony, there was a reasonable likelihood that the private portions of her sites might contain further evidence such as information with regard to her activities and enjoyment of life, all of which were material and relevant to the defense of her personal injury action. Consequently, pursuant to CPLR 3101, the defendant was entitled to the information.
Continue reading →
In December 2006, Krissy Myatt went to the emergency room at Poudre Valley Hospital in Fort Collins with an intense headache and “dangerously” high blood pressure. She had been receiving treatment for multiple sclerosis, including strong doses of steroids, which can cause high blood pressure.
The doctor misdiagnosed her brain bleed as a migraine, gave her pain medicine and sent her home. She woke up the next morning paralyzed. The hemorrhagic stroke she had suffered devastated her family and led to the largest jury-verdict award in Larimer County history: $3.9 million.
In patients with Hemorrhagic stroke (intrcerebral bleed) bleeding within the brain occurs leading to an elevation of intracranial pressure which if not relieved will lead to, as here, severe brain damage. In some cases brain herniation may occur leading to patient death. A sudden severe headache is a classic sign if an intracerabral bleed. The cause of the bleed is not given. The appropriate treatment depends on the specific cause. At the very least a CT Scan should have been taken which would have been diagnostic of the bleed. It is an emergent situation requiring a lowering of intracerebral pressure. Depending on the cause surgery may be required. In other cases an intraventricular peritoneal shunt may be needed to drain fluid from the brain.
Our Partner Ben Rubinowitz will be a featured speaker at the Suffolk County Bar Association’s Program “THE TRIAL OF A MEDICAL MALPRACTICE CASE.” This 3 part program will be held on May 1, 8 and 16 from 6:00PM to 9:00PM. The program will be both live and by webcast. To view the calendar and to register click here.
|
|
Ben B. Rubinowitz |
Our Partner Ben Rubinowitz will be a featured speaker at the Suffolk County Bar Association‘s Program “THE TRIAL OF A MEDICAL MALPRACTICE CASE.” This is a three part program which will include trial demonstrations from top notch trial attorneys who have tried numerous medical malpractice cases. Mr. Rubinowitz, a member of the Prestigious Inner Circle of Advocates and a lawyer who has obtained multiple million dollar verdicts for his clients, will demonstrate the opening statement for the plaintiff. This part of the program will take place May 1, 2012. Joining Mr. Rubinowitz will be the Hon. Peter Mayer, William Spratt, Michael Colavecchio, and Michael Ronemus. The program will then continue on Tuesday May 8th and Wednesday May 16th 2012 and will feature Direct and cross examination of the Plaintiff’s expert as well as Direct and cross of the defendant doctor. The Hon. Jerry Garguilo, David Golomb, James Duffy, Bruce Brady, Clifford Bartlett, Kevin Fox and Doctor David Mayer will participate in this demonstration. The program will then continue on Wednesday, May 16th. The Jury Charge Conference and Closing Arguments will be conducted by Hon. Peter Mayer, John Bonina, William Spratt, Marvin Salenger, and Fred Johs. “I consider it an honor to be asked to speak at this program” said Mr. Rubinowitz. “It is always a treat to be joined by such eminent members of the Judiciary and such fine trial lawyers. This program is sure to produce some heated exchange and talented advocacy.”
This medical malpractice trial commenced on April 4, 2012 in Penobscot County Superior Court, Maine. On April 12, 2012, the jury returned a verdict for $1,912,934 in damages against a physcian for overprescribing methadone. According to a story in the Bangor News the initial dose was 40mg. It was alleged that the plaintiff stopped breathing and thereafter experienced 20 to 30 minutes of slow, shallow breathing which caused brain damage that affected her ability to multitask and perform relatively simple jobs and tasks.
It is well known that Methadone may cause slowed breathing and irregular heartbeat, which may be life-threatening. Further, the risk that one will experience serious or life-threatening side effects of methadone is greatest when methadone is first prescribed. When first prescribing Methadone the lowest possible dosage sufficient to alleviate pain should be given. The usual dosage of oral Methadone for pain is 2.5 to 10 mg every 3 to 12 hours.
Our partner, Jeffrey Bloom, settled the personal injury case of a 16 year old boy, who suffered burns in an explosion. Jeffrey obtained Summary Judgment on liability which was affirmed by The Appellate Division, Second Department. The case settled following opening statements in Nassau County Supreme Court. The explosion occurred at his school when a fellow student was performing a science experiment with ethyl alcohol. It was alleged he was performing his experiment unsupervised and improperly used ethyl alcohol to clean up and then used a flint sparker. His actions caused an explosion as a result of which the plaintiff was burned. The chemistry teacher had left the classroom to get food at a bagel store despite knowing the experiment was on going. The defendants argued that the fellow student’s actions were a superseding intervening cause relieving the school district of liability.
As a result of the explosion it was claimed the plaintiff suffered second and third degree burns and scarring to his face, chest, left ear and right arm as well as his bilateral thighs from a subsequent skin graft. It was claimed that only the scars to his chest were permanent. The defendants claimed he made an excellent recovery and that the majority of the burns healed without complication and did not result in significant disfigurement.
The New York Personal Injury Lawyers at Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf have years of experience representing people who have suffered injury in all types of accidents in New York.
 |
|
Christopher Sallay |
Our Partner, Chris Sallay is the Co-Chair of this New York State Bar Association seminar together with Robert A. Glick, Esq; Brand, Glick & Brand, PC. Our Partner Anthony Gair will be speaking at the New York City and Long Island seminars.
PROGRAM DESCRIPTION:
This full-day practical skills program is designed for the newly admitted attorney or the attorney seeking a fundamental but practical overview of handling an auto accident case. A representative case will be reviewed from inception to conclusion from both the plaintiff and defense attorney perspective. The step-by-step practical aspects of the case will be presented by experienced attorneys to demonstrate both the practical aspects of each phase of the litigation as well as the overall thought process behind each phase leading to the ultimate resolution.
AGENDA:
8:30-9:00 REGISTRATION
9:00-9:50 1. INTAKE OF THE PLAINTIFF’S CASE – THE ASSIGNMENT OF THE CASE FOR THE DEFENDANT FROM THE INSURANCE COMPANY
The Plaintiff’s Perspective:
Preliminary Investigation Highlights of the “Typical Case”
The Mechanics of Auto Collisions and Issues Relating to Accident Reconstruction Obtaining Information from the Roadway – Visibility and Traffic Control Devices Soft Tissue Injury Auto Accident Cases – The Serious Injury Threshold Early Settlement The Defendant’s Perspective:
Analyzing Liability, Damages, Threshold, Potential Exposure Knowing Whether to go Down the Road of Settlement or Trial 9:50-10:40 2. NO-FAULT ISSUES AND COVERAGE CONCERNS
No-Fault Coverage – Who is Eligible and Filing Requirements Statutory Requirements for Auto Insurance Coverage in New York The Basics of the Automobile Liability Insurance Policy – Primary and Excess/Umbrella Coverage Uninsured/Under Insured Motorist Coverage Considerations 10:40-10:50 BREAK
10:50-11:40 3. DISCOVERY
Notices for Discovery and Inspection Bills of Particulars The Preliminary Conference The IME 11:40-12:30 4. TAKING A MEANINGFUL DEPOSITION
Preparation is the Key Avoid the Boilerplate, Look up from your Outline and Listen to the Answers All Police and Accident Reports Scene and Vehicle Photos All Medical Records Other Documents – Repair Estimates, Diagrams, etc.
12:30-1:30 LUNCH (on your own)
1:30-2:20 5. MOTION PRACTICE RELATED TO AUTOMOBILE CASES
The Plaintiff’s Summary Judgment Motion – Not just in Rear-end Collision Cases The Serious Injury Threshold Motion – Making and Defeating It 2:20-3:10 6. MEDIATION, ARBITRATION AND SETTLEMENT NEGOTIATIONS
The Mediation/Arbitration Statement Witnesses and Exhibits Remembering the Audience during Discussions 3:10-3:20 BREAK
3:20-4:10 7. ETHICS
Ethics Issues Related to Automobile Litigation Contingent Fee Agreements Advertising and Solicitation The Difficult Client 4:10 ADJOURNMENT
PROGRAM FACULTY:
Overall Planning Chairs
Robert A. Glick, Esq., Brand, Glick & Brand, PC, Garden City, NY Christopher L. Sallay, Esq., Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf, New York, NY Local Panels (listed in order of appearance)
THURSDAY, MAY 31, 2012
New York City
Chair: Christopher L. Sallay, Esq., Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf, New York, NY
Panel: Christopher L. Sallay, Esq., Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf, New York, NY * Robert A. Glick, Esq., Brand, Glick & Brand, PC, Garden City, NY * Nicholas Papain, Esq., Sullivan Papain Block McGrath & Cannavo P.C., New York, NY * Anthony H. Gair, Esq., Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf, New York, NY * Brian T. Stapleton, Esq., Goldberg Segalla LLP, White Plains, NY
TUESDAY, JUNE 5, 2012
Albany
Chair: John W. Bailey, Esq., Bailey Kelleher & Johnson PC, Albany, NY
Panel: John B. Casey, Esq., Dreyer Boyajian LLP, Albany, NY * Jeanne M. Gonsalves Lloyd, Esq., Friedman, Hirschen & Miller LLP, Albany, NY * Vincent J. DeLeonardis, Esq., Bailey, Kelleher & Johnson, P.C., Albany, NY * P. Baird Joslin, Jr., Esq., O’Connor O’Connor Bresee & First PC, Albany, NY * Mackenzie C. Monaco, Esq., Carter, Conboy, Case, Blackmore, Maloney & Laird, P.C., Albany, NY * Jeffrey K. Anderson, Esq., Anderson, Moschetti & Taffany, PLLC, Latham, NY * John W. Bailey, Esq., Bailey Kelleher & Johnson PC, Albany, NY
WEDNESDAY, JUNE 6, 2012
Long Island (Melville)
Chair: Robert A. Glick, Esq., Brand, Glick & Brand, PC, Garden City, NY
Panel: Robert A. Glick, Esq., Brand, Glick & Brand, PC, Garden City, NY *Christopher L. Sallay, Esq., Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf, New York, NY * Robert S. Santander, Esq., American European Insurance Group, Inc., New York, NY * Nicholas Papain, Esq., Sullivan Papain Block McGrath & Cannavo P.C., New York, NY * Anthony H. Gair, Esq., Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf, New York, NY * Brian T. Stapleton, Esq., Goldberg Segalla LLP, White Plains, NY
Syracuse
Chair: Michael P. Kenny, Esq., Kenny & Kenny PLLC, Syracuse, NY
Panel: S. Robert Williams, Esq., Williams and Rudderow, Syracuse, NY * Benjamin C. Rabin, Esq., The Rabin Law Firm, Syracuse, NY * Erin K. Skuce, Esq., Law Offices of Destin C. Santacrose (Employees of Liberty Mutual Group, Inc.), Buffalo, NY * Sandra J. Sabourin, Esq., Goldberg Segalla LLP, Syracuse, NY * Michael P. Kenny, Esq., Kenny & Kenny PLLC, Syracuse, NY * James E. Reid, Esq., Greene & Reid, PLLC, Syracuse, NY * Paul G. Ferrara, Esq., Costello, Cooney & Fearon, PLLC, Syracuse, NY
THURSDAY, JUNE 7, 2012
Buffalo
Chair: Paul J. Callahan, Esq., Law Offices of Sliwa & Lane, Buffalo, NY
Panel: David F. Kluepfel, Esq., Cascone & Kluepfel, LLP, Garden City, NY * Leonard D. Zaccagnino, Esq., Shaw & Shaw P.C., Hamburg, NY * Joseph M. Schnitter, Esq., Brown & Kelly, LLP, Buffalo, NY * Jennifer Stashko Adams, Esq., Adams Hanson Finder Hughes Rego Kaplan & Fsibein, Williamsville, NY * Leonard M. Cascone, Esq., Cascone & Kluepfel, LLP, Garden City, NY * Michael T. Coutu, Esq., Law Offices of Sliwa & Lane, Buffalo, NY * Jeffrey F. Baase, Esq., Rupp, Baase, Pfalzgraf, Cunningham & Coppola, LLC, Buffalo, NY * Peter M. Kooshoian, Esq., Rosenthal, Siegel & Muenkel, LLP, Buffalo, NY
DATES AND LOCATIONS:
THURSDAY, MAY 31, 2012
New York City Affinia Manhattan 371 Seventh Avenue at 31st Street New York, NY 10001-3984 (212) 563-1800
TUESDAY, JUNE 5, 2012
Albany New York State Nurses Association 11 Cornell Road Latham, NY 12110 (518) 782-9400
WEDNESDAY, JUNE 6, 2012
Long Island (Melville)
Melville Marriott Long Island 1350 Old Walt Whitman Road Melville, NY 11747 (631) 423-1600
Syracuse Genesee Grande Hotel 1060 East Genesee Street Syracuse, NY 13210 (315) 476-4212
THURSDAY, JUNE 7, 2012
Buffalo Holiday Inn Amherst 1881 Niagara Falls Blvd.
Amherst, NY 14228 (716) 691-8181
The last day to pre-register online is May 30, 2012. Register online now
New York Personal Injury Attorneys Blog