Articles Posted in Queens

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An old woman, 95 years of age, is a patient at a certain Staten island hospital. On 9 June 1998, she became comatose, cyanotic and unresponsive after she became disconnected from her ventilator machine. An employee of the hospital heard the old woman’s room alarm sound but the alarm at the nurses’ station failed to sound. Hence, it could not be determined as to how long the old woman remained disconnected from the ventilator. Respirator assistance was then provided to the old woman by the medical staff of the hospital. Thereafter, she was immediately transferred back to the cardiac care unit, which is where she had been prior to the ventilator incident, and there she received intensive therapeutic care and massive blood transfusions. From 10 June 1998 through 11 June 1998, the consulting neurologist indicated in his progress notes that the old woman had a guarded prognosis and was not receptive to outside stimuli. From 12 June 1998 through 17 June 1998, the progress notes indicated that the old woman was improving. The old woman’s neurologist then noted that she was at baseline, neurologically stable. In other words, the old woman’s neurological condition returned to the state that it had been prior to the ventilator disconnection. Thereafter, the hospital took several remedial measures to prevent any future incidents of this type. The hospital’s Code 15 committee reviewed the old woman’s case to decide whether or not it warranted Code 15 treatment, which consists of reporting to the Agency for Health Care Administration or AHCA within fifteen days of the incident, but later voted against such Code 15 treatment, believing that since the old woman recovered to her neurological baseline, no brain damage or brain injury had occurred. Instead of filing the incident as a Code 15, the hospital reported the occurrence as an adverse incident in its Annual Report of Incidents.

Consequently, the AHCA filed an administrative complaint against the hospital and contends that the hospital violated the law by reason of their failure to report a hypoxic event that caused brain damage to a patient as a Code 15 occurrence.

Sometime in December 2000, a formal hearing was held. After that, the administrative Law Judge or ALJ concluded that the old woman did in fact suffer from a brain damage, a transient or temporary brain damage, and the hospital should have reported the incident as a Code 15; and recommended that AHCA had justification to levy a $5,000.00 administrative fine against the hospital.

The hospital now appeals the aforesaid order.

The first issue is whether or not the hospital was required to report the incident to the AHCA.
Under the law, the hospital, as a licensed hospital facility, is required to report to AHCA within fifteen days of occurrence, any adverse or untoward incident that results in a brain or spinal injury to a patient. The standard of review of an agency decision based upon an issue of law is whether the agency erroneously interpreted the law and, if so, whether a correct interpretation compels a particular action. An agency’s interpretation of the statute it is charged with enforcing is entitled to great deference. However, a court need not defer to an agency’s construction or application of a statute if special agency expertise is not required, or if the agency’s interpretation conflicts with the plain and ordinary meaning of the statute. If the language of the statute is clear and unambiguous and conveys a clear and definite meaning, the statute should be given its plain meaning. When necessary, the plain and ordinary meaning of words in a statute can be ascertained by reference to a dictionary.

Here, the subject statute provides for the term “brain damage”, which exists under the list of every potential personal injury enumerated therein, separate and apart from any condition that results in a limitation of neurological, physical, or sensory function which continues after discharge from the facility. Thus, it is irrelevant under the injury or adverse or untoward incident, whether any brain damage in fact continues after discharge from the facility. Upon a reading of the subject statute, the words clearly mandate that whenever a brain or spinal injury to a patient result, it needs to be reported as a Code 15 occurrence. There is no word permanent before the word brain injury. In fact, the only term in the list of injuries enumerated, that the Legislature described as permanent, is that of disfigurement. No such other term modifies brain damage. Thus, since the Legislature did not modify the term brain damage with any word such as permanent or temporary, this intentional legislative omission cannot be lightly disregarded. The rule is, courts are not at liberty to add words to statutes that were not placed there by the Legislature. Thus, the Queens court finds that the plain meaning of the term is clear and unambiguous.

Moreover, under the Webster’s Third New International Dictionary, the word “damage” is defined as a loss due to injury; injury or harm to a person, property or reputation; while under the Black’s Law Dictionary, it is defined as a loss or injury to person or property. Obviously, this dictionary definition does not confine the term to only permanent injury. Thus, based upon the plain meaning of the subject statute, the court finds that brain damage can result even if a patient, such as the old woman, returns to a neurological baseline.

The second issue is whether or not the requirement of reporting any incident of brain damage to AHCA is indeed a logical interpretation of the applicable statute.

As a rule, once an enumerated incident occurs, a licensed facility must report to the agency within fifteen days. If a facility does not have to report an incident caused by a ventilator disconnection until the facility learns whether or not the incident is of a permanent nature, then in many cases it would be impossible for the facility to report to the agency within fifteen days.

Here, while the old woman did begin to return to a neurological baseline within three to four days, it is also quite possible that the old woman could have remained comatose for months before returning to baseline. If the court would rule that he hospital was not required to report the incident because the old woman later recovered, this outcome is not reasonable and would render the fifteen-day reporting requirement period dependent upon the length of the personal injury instead of its severity. Thus, the court finds that the hospital is certainly required to make the report. This interpretation of the subject statute renders a more logical outcome.

Lastly, the third issue is whether or not AHCA’s construction and interpretation of the term “brain damage” were vague and unconstitutional as applied to appellant, but AHCA argues that appellant waived this constitutional challenge by failing to raise this issue timely.
Under the rules, constitutional challenges can be raised for the first time on appeal. Administrative agencies lack the power to consider or determine constitutional issues. Courts have ruled that the administrative process cannot resolve a constitutional attack on a statute, rule or regulation; and that a party is not required to argue the facial constitutionality of a statute before an administrative agency because the agency lacks the power to declare a statute unconstitutional.

Here, since the order appealed from was decided by an administrative agency, the hospital can challenge the constitutionality of AHCA’s action for the first time in appeal. Nonetheless, the subject statute is clear and unambiguous; and, the rule is, if the record demonstrates that a party engaged in some conduct that is clearly proscribed by the plain and ordinary meaning of the statute, then that party cannot successfully challenge it for vagueness. The AHCA’s construction and interpretation of the statute are not vague and were not unconstitutionally applied to the hospital. Thus, by not reporting the ventilator incident as a Code 15 occurrence, the hospital undoubtedly violated the statute.
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When an accident occurs that involves a personal injury, it is important that the injured person seeks help immediately. The laws of New York are truncated when it comes to personal injury. They have set limits on many of the areas that involve compensable injury. If a person does not file their claim within a certain period of time, they will be barred from recovering damages at all. By the same token, the person must prove that their injury is serious under the guidelines of the law. The law defines the guidelines that describe an injury as either serious or substantial. It also provides guidelines that establish what permanent loss of use relates to. For a person to recover damages based on these statutes, they must be able to establish that their injury falls into these categories.

A substantial injury is one that demands a change in the person’s lifestyle. A person who has suffered from a substantial or serious injury will have to stop doing many of the activities that they used to be able to do. If a person is able to continue performing their jobs, or handling their home lives in much the same manner that they were conducting themselves prior to the injury, then they have not sustained a serious injury in accordance with the laws of the state of New York. Generally, when a person makes a claim for personal injury as the result of an accident, they must bring forth expert testimony that will support their claim. A claim of serious injury that is not supported by medical evidence will fail. In fact, a claim of serious injury that is supported only by medical expert opinion and not supported by concrete medical tests will likely fail as well. When a person files a claim of this sort, it is critical that they are sure that they can present this type of medical evidence in court.

Sometimes, even having several doctors willing to testify in your behalf can be challenged. In one case from New York, a limousine driver was involved in an accident that resulted in his sustaining multiple injuries that he claimed were serious under the statute. In fact, some of his claims involved the fact that he was deprived the use of some body parts. He also claimed a serious spine injury and brain injury. He had no less than four medical experts testify on his behalf that he was unable to work or perform daily functions that he had once enjoyed based upon the injury that he had sustained.

The Staten Island defendants in the suit, claimed that he had failed to present a sufficient case to show that he had sustained a serious injury by way of the legal definition of the injury. They brought forth their own doctors who testified that the man’s injuries were treatable. That would mean that the injuries were not considered permanent under the law and would prohibit the man from succeeding with his claim. They filed a motion in Queens with the court to enable them to obtain a summary judgment that would state that the man’s claims were not proved.

A summary judgment is a court action that provides a determination of liability to one party over another without going to trial. The action of a summary judgment is severe and most courts refrain from granting summary judgment in all but the most solid cases. Summary judgment precludes a trial and can limit the recourse that an individual has. In this case, the court denied the insurance company’s motion for summary judgment based on the evidence that the injured man provided. He had definitive test results from his doctors.
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A Manhattan contractor who owned a home improvement company obtained a contract to renovate a couple’s home. The man worked on the couple’s home: he was up on the roof supervising the repair of the roof when he slipped and fell. He hit his head and sustained a brain injury.

He filed a personal injury complaint against Workmen’s Compensation, against his own company and against the couple who owned the house he was renovating. In that personal injury case, trial was held to determine if the brain injury sustained by the contractor qualifies as a grave injury under the Workmen’s Compensation Law.

During the trial, the contractor adduced proof regarding the extent and nature of his brain injury. His medical experts testified that the contractor had cognitive dysfunction which permanently disabled him from doing any work. The insurance company provided its own expert who conducted a neuropsychological evaluation of the contractor. The expert of the insurance company found that the contractor’s brain injury was severe and traumatic such that he has lost the ability to make decisions required in daily life.

The contractor’s home improvement company was insured for Workmen’s Compensation by an insurance company. During the trial to determine the extent of the grave injury sustained by the contractor, the insurance company sent its lawyer who fully and knowingly participated in the trial even though it was not a party to the said personal injury action. The Queens insurance company was allowed to propound questions to the witnesses presented during the trial. At the end of the trial, the court declared that the contractor suffered a grave brain injury. The contractor was then given an award of damages amounting to about $6,500,000.00 which the couple and the home improvement company immediately paid and settled. The home improvement company and the owners of the house then seek reimbursement or contribution from the insurer of the home improvement company
The insurance company then filed a case where it seeks a judicial declaration that it is not bound by the findings during the personal injury proceedings that the contractor sustained a grave injury. The only question before the Court is whether or not the insurance company is not bound by the findings in the personal injury action that the contractor sustained a grave injury.

The Court held that in order for the insurance company to be held as bound by the findings in the personal injury case, there must be proof that it was a party to the personal injury case or at least privy with any of the parties in that case; the interests of the insurance company were represented during the trial; and the insurance company had a fair opportunity to fully participate in litigating the issue of the nature and extent of the contractor’s brain injury.

The extent and nature of the contractor’s brain injury were fully litigated in the personal injury action. Because the insurance company provided its own expert to examine the contractor, the insurance company is deemed to have been given a fair and full opportunity to be privy to the litigation. Because the insurance company was allowed to propound questions to the witnesses, it is inevitable to conclude that it was given the opportunity to litigate the issue.
For these reasons, the insurance company can no longer be allowed to re-litigate the issue of whether or not the contractor sustained a grave injury. This action for judicial declaration must be dismissed. The insurance company is estopped or barred from re-litigating this issue again.
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Defendant American Real Estate Holdings, LP (American), an out-of-possession owner, leased the building where plaintiff’s accident occurred to defendant Levitz Furniture Corporation of Queens (Levitz). The building consisted of a furniture showroom, an office and warehouse space. Prior to plaintiff’s accident, Levitz had sold large furniture shelving rack unit, as well as other similar units, to defendant and third-party plaintiff International Storage Systems, Inc. (International). International was in the business of buying, dismantling, selling and then reinstalling large furniture rack systems. Pursuant to an oral agreement, which is reflected in various invoices and purchase orders, International then hired plaintiff’s employer, third-party and second-third party defendant Heatley Installations (Heatley), to disassemble the furniture rack system and transport it to another location.

A Lawyer said that, plaintiff testified that, just prior to his accident he was in the process of disassembling the free-standing furniture rack system while standing on a particle-board deck located on the third level of the rack. As plaintiff was removing beams from the level above, and dropping them onto the deck, the deck broke, causing him to fall and sustain brain injuries.

At the time of his accident, the Staten Island plaintiff was not utilizing an available order selector provided for use in retrieving furniture at higher levels. An order selector is a piece of equipment resembling a forklift, which has a platform upon which a worker can stand. In addition, although he was wearing the safety belt provided to him by his employer, plaintiff had not properly tethered to the order selector, despite having been directed to do so less than one hour before his accident.

Plaintiff then filed an action to recover damages against the defendants, for personal injuries he sustained.

Defendants American and Levitz move, for summary judgment dismissing plaintiff complaint as against them and granting indemnity as against defendant and third-party plaintiff International and third-party defendant and second-third party defendant Heatley.
Plaintiff cross-moves, for an order (1) granting summary judgment in his favor on his Labor Law § 240 (1) claim as against defendants American, Levitz and International; (2) granting a Special Trial Preference in his favor; and (3) directing that plaintiff be entitled to a lower burden of proof due to his cognitive injuries.

Defendant and third-party plaintiff International moves, pursuant to CPLR 3212, for summary judgment dismissing plaintiff’s complaint, as well as all cross claims against it.

Third-party defendant and second-third party defendant Heatley also moves, for summary judgment dismissing the third-party and second third-party actions against it in accordance with Section 23 of the Massachusetts Workers’ Compensation Law which bars all third-party actions against the employer in common law; or, in the alternative, in the absence of a finding of “grave injury,” in accordance with Section 11 of the New York Workers’ Compensation Law. Heatley also moves for summary judgment on the ground that plaintiff’s actions were the sole proximate cause of his injuries.

The issue in this case is whether plaintiff is entitled to summary judgment to recover damages from the defendants, for personal injuries he sustained.

The Court in resolving the motion said that, the proponent of a summary judgment motion must make a prima facie showing of entitlement to judgment as a matter of law, tendering sufficient evidence to eliminate any material issues of fact from the case. The burden then shifts to the motion’s opponent to present evidentiary facts in admissible form sufficient to raise a genuine, triable issue of fact.

Labor Law § 240 (1), also known as the Scaffold Law, provides, in relevant part:
All contractors and owners and their agents in the erection, demolition, repairing, altering, painting … shall furnish or erect, or cause to be furnished or erected for the performance of such labor, scaffolding, hoists … and other devices which shall be so constructed, placed and operated as to give proper protection to a person so employed.

Labor Law § 240 (1) was designed to prevent those types of accidents in which the scaffold or other protective device proved inadequate to shield the injured worker from harm directly flowing from the application of the force of gravity to an object or person. To prevail on a section 240 (1) claim, the plaintiff must show that the statute was violated and that this violation was a proximate cause of the plaintiff’s injuries.

Pursuant to a stipulation of discontinuance, plaintiff discontinued his claims as against defendant Levitz. As such, Levitz’s motion to dismiss plaintiff’s claims as against it is denied as moot.

Initially, it should be noted that the furniture rack from which plaintiff fell was a “structure” within the meaning of the Labor Law, as a structure is viewed as `any production or piece of work artificially built up or composed of parts joined together in some definite manner’. In addition, since the furniture rack is to be considered a “structure” for Labor Law purposes, and because plaintiff was directed to dismantle it, plaintiff was engaged in demolition work covered by the Labor Law. Further, testimony in the record indicates that the furniture rack was being used by plaintiff, as well as other workers, as the functional equivalent of a scaffold at the time of plaintiff’s accident.

American moves to dismiss plaintiff’s claims against it on the ground that it was an out-of-possession owner who lacked notice or knowledge of the work being performed at the site.
The Court said that, it is well settled that, to recover under Labor Law §§ 200, 240 and 241 as a member of the special class for whose protection these provisions were adopted, a plaintiff must establish two criteria: (1) that he was permitted or suffered to perform work on a structure and, (2) that he was hired by the owner, the general contractor or an agent of the owner or general contractor
In order for the Labor Law to be applied to an out-of-possession owner, there must be a connection between the defendant and the worker, whether by a lease agreement or grant of an easement, or other property interest.

In the case at bar, a review of the record reveals no proof that defendant American contracted for the work at issue or that it had any notice whatsoever that plaintiff was on its premises until after the accident. In fact, under a triple net lease between American and Levitz, Levitz was responsible for all structural and non-structural repairs, maintenance and costs. American did not employ anyone to supervise any work on the property. As no nexus has been shown to have existed between American and plaintiff in this case, American cannot be charged with the duty of providing the safe working conditions contemplated by Labor Law §§ 240 (1) and 241 (6). Thus, American is entitled to summary judgment dismissing plaintiffs section 240 (1) and 241 (6) claims as against it.

However, as evidence in the record indicates that defendant International not only owned the furniture racks at issue at the time of plaintiffs accident, but that it also contracted with third-party defendant Heatley for their disassembly and removal, International is to be considered an owner of the structure within the meaning of the Labor Law.

Defendant International asserts that plaintiffs Labor Law § 240 (1) claim must be dismissed as against it, as plaintiff’s own negligent actions in not wearing his safety harness, despite being told by his employer that he had to be tied off in order to work, as the sole proximate cause of his head injuries. Where plaintiffs own actions are the sole proximate cause of the accident, there can be no liability under Labor Law § 240 (1).

Here, the Court said that, even if plaintiff was negligent for his failure to properly tether his safety harness, utilize the order picker, or for dropping beams onto the decking, the testimony indicates that such alleged failures were not the sole proximate cause of his head injuries in light of the fact that the particle board shelving that plaintiff was utilizing as a scaffold collapsed. Where the owner or contractor fails to provide adequate safety devices to protect workers from elevation-related injuries and that failure is a cause of plaintiff’s injury, the negligence, if any, of the injured worker is of no consequence. In other words, even if the plaintiff was partially at fault, a worker’s contributory negligence is not a defense to a Labor Law § 240 (1) claim. Neither comparative fault nor assumption of the risk is a defense to a Labor Law § 240 (1) cause of action. Thus, defendant International is not entitled to summary judgment dismissing plaintiff’s Labor Law § 240 (1) claim against it, however plaintiff is entitled to summary judgment on the issue of liability under Labor Law § 240 (1) as against defendant International.

With regard to the claim for common-law indemnification, defendants American and Levitz move for summary judgment in their favor on their cross claims for common-law indemnification as against International and Heatley. In addition, Heatley moves for summary judgment dismissing International’s third-party action for indemnification on the ground that, under Massachusetts Workers’ Compensation Law § 23, all third-party actions against the employer in common law are barred.

The Court in resolving the claim of the defendants said that, to establish a claim for common-law indemnification, the one seeking indemnity must prove not only that it was not guilty of any negligence beyond the statutory liability but must also prove that the proposed indemnitor was guilty of some negligence that contributed to the causation of the accident. In the absence of any negligence, a claim for common-law indemnity may be established upon a showing that the proposed indemnitor had the authority to direct, supervise, and control the work giving rise to the injury.

Here, defendants American and Levitz have not been shown to be guilty of any negligence. In addition, although vicariously liable for plaintiff’s brain injuries under Labor Law § 240 (1), such liability is not tantamount to negligence. Moreover, defendant International did not exercise a degree of control over plaintiffs work so as to predicate liability based on common-law negligence. In fact, a review of the record indicates that plaintiff’s work was supervised solely by his employer, Heatley.

The Court held that, general supervisory authority is insufficient to constitute supervisory control; it must be demonstrated that the contractor controlled the manner in which the plaintiff performed his or her work, i.e., how the injury-producing work was performed.
Thus, defendants American and Levitz are not entitled to summary judgment in their favor on their cross claim for common-law indemnification as against defendant and third-party plaintiff International. In addition, International is entitled to summary judgment dismissing American and Levitz’s cross claim for indemnification against it.

Moving forward to plaintiff’s cross-motion for lesser burden of proof, the Court said that, a plaintiff who suffers amnesia as a result of a defendant’s acts is not held to as high a degree of proof in establishing his right to recover for head injury as a plaintiff who can describe the events. “It is only where the memory loss has effectively prevented a plaintiff from describing the occurrence that invocation of the rule of Schechter v. Klanfer is warranted”.
In the case of Schechter v. Klanfer (supra), wherein the plaintiff, who was injured while operating a motorboat, was unable to recall the events of his accident, the Court noted:
The danger is, of course, that amnesia is easily feigned. The dangers may be ameliorated. Plaintiff has the burden of proof on the issue of amnesia as on other issues. A jury should be instructed that before the lesser burden of persuasion is applied, because of the danger of shamming, they must be satisfied that the evidence of amnesia is clear and convincing, supported by the objective nature and extent of any other physical injuries sustained, and that the amnesia was clearly a result of the accident.

In the absence of expert evidence establishing a loss of memory and its causal relationship to defendant’s fault, the jury may not consider the question or apply a lesser degree of proof in evaluating plaintiff’s claim. On this record, it is clear that plaintiff, although he suffers from a memory defect caused by his accident, is not entitled to application of this rule. When plaintiff was asked if, other than taking medication, there was any reason that he was not able to testify in his deposition, plaintiff replied in the negative. Thus, as in this case, where the parties are on equal footing insofar as accessibility to the facts there is no need to afford preferential treatment.

The Court in resolving plaintiff’s cross-motion for trial preference, stated CPLR 3403 (a) (3) allows for a trial preference in an action in which the interests of justice will be served by an early trial. Under the circumstances of this case, and in light of evidence of plaintiff’s indigency, plaintiff’s application for a trial preference is granted in the interests of justice. Plaintiff testified that he currently resides in a homeless shelter in Chicago, which provides food to him. Plaintiff, who has not worked since his accident, also testified that he does not know if he can care for himself. Plaintiff also stated that he receives no workers’ compensation and does not have a bank account.

In addition, in his medical report, Dr. Schuster concurs that, as a result of plaintiff’s brain injury, plaintiff is indigent and existing in a city shelter. Kim Allen, the manager of the facility where plaintiff currently resides, stated that at the time that plaintiff was referred to the facility, plaintiff had been wandering the streets in Chicago for several days. She also maintained that, other than cashing his Social Security Disability checks, plaintiff does not manage his own finances. Thus, plaintiff is entitled to trial preference in this action.
Hence, in view of the foregoing, the Court ordered that the part of American’s motion, for summary judgment dismissing plaintiff’s complaint against it is granted; and the complaint is severed and dismissed as to this defendant.; and it is further ordered that defendant Levitz motion, for summary judgment dismissing plaintiff’s complaint against it is denied as moot; and it is further ordered defendant and third-party plaintiff International’s motion, for summary judgment dismissing plaintiff’s Labor Law §§ 240 (1) and 241 (6) claims predicated on violations of Industrial Code 12 NYCRR §§ 23-1.11 (a), 23-1.22 (c) (1) and 23-5.1 (c) (1), (f) and (g) as against it are denied; and it is further ordered that the parts of International’s motion, pursuant to CPLR 3212, for summary judgment dismissing plaintiff’s common-law negligence and Labor Law § 200 claims, as well as American and Levitz’s cross claims for indemnification as against it, are granted; and it is further the parts of plaintiff’s cross motion, for summary judgment in his favor on his Labor Law § 240 (1) claim as against defendants American and Levitz and directing that plaintiff be entitled to a lower burden of proof due to his cognitive injuries are denied; and it is further ordered that plaintiff’s cross motion, for summary judgment in his favor on his Labor Law § 240 (1) claim as against International, and granting a Special Trial Preference in his favor are granted.
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A man worked for a Greek restaurant as a dishwasher and as a deliveryman for food ordered for delivery. The Greek restaurant in Staten Island gave the deliveryman a bicycle to use for delivering its food products. On August 5, 2006, the deliveryman was en route to making the last of the fifteen deliveries he had to make during his shift. He was on Pershing Street and was turning left on Manton Street in Briarwood, New York when a car struck him.

The Queens deliveryman was knocked off his bike and he hit his head. He was not wearing a helmet. He his skull and suffered bruising in his brain. His brainwas swollen and so he filed a complaint in damages against the lady driver and owner of the car that struck him on the road. The deliveryman based his claim on the negligence of the lady driver on the road.

The lady driver and owner of the car also filed a complaint against the Greek restaurant, the employer of the bike deliveryman. The lady driver wants the Greek restaurant to indemnify her or at least contribute to the payment of damages claimed by the deliveryman.

The lady driver claims that the Greek restaurant was also negligent. It allowed the deliveryman to ride a bike without giving him training or instructions as to how to ride a bike safely. She claims that the Greek restaurant also failed to provide the deliveryman with a helmet to use when he rode the bike to make his deliveries. She claims that wearing a helmet is required by law and the deliveryman’s failure to wear a helmet contributed to the extent of his injuries.

She also claimed that the Greek restaurant scheduled too many deliveries so that the deliveryman was pressured to ride his bike recklessly on the streets. The lady driver also claimed that the Greek restaurant failed to supervise the deliveryman in the course of his employment.

The Greek restaurant, for its part, filed a motion for summary judgment. It claims that under the Workman’s Compensation Law, the employer can only be made liable to indemnify the lady driver for the claims made by the injured deliveryman if the lady driver succeeds in presenting proof that the deliveryman sustained grave injury. The Greek restaurant claims that it can only be made liable only if the deliveryman sustained a brain injury that resulted in a permanent and total disability.

The lady driver opposed the motion for summary judgment filed by the Greek restaurant but the trial court granted the motion for summary judgment. The lady driver appealed the order of the trial court.

The only question before the Court is whether or not the trial court committed an error when it granted the motion for summary judgment of the Greek restaurant.

The Court found that the Workmen’s Compensation Law has a specific and exhaustive list of injuries that it considers grave injuries. One of these enumerated injuries is a brain injury that results in permanent and total disability. The Court held that the term ‘permanent and total disability’ means that the employee can no longer be employed in any capacity as a result of the brain injury he sustained.

The Court found that since the deliveryman has presented medical evidence that details the swelling and clotting and paralysis of some parts of his brain which resulted directly from the fall and fracture he sustained while making his deliveries.

The extent of the brain injury he sustained has raised an issue of material fact which must be tried before a jury. The issue of material fact is whether or not the brain injury resulted in a permanent and total disability.

The Court reversed the order of the trial court and remanded the case for further proceedings.
Are you like the lady driver in this case who is being made to pay damages for injuries.
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Blast TBI (traumatic brain injury) happens to many combatants, according to doctors. It can rightfully be considered a new class of TBI. While it might share a lot of features with standard TBI, it has some unique aspects that are all its own.

The milder forms of TBI can be very similar to PTSD (post-traumatic stress disorder), but it also has distinct aspects of its own. The military currently uses civilian standards of care for TBI when it comes to bTBI (explosive blast TBI), but they are constantly revising their standards to better provide for those injured on the field, according to sources. The theater of war requires different standards of medical practice.

It is apparent that there need to be more studies done on the precise effects of bTBI, both scientifically and clinically. The research will have to be focused upon how explosive blasts can lead to TBI. It is also important to learn how prevalent this disease is, and the exact causes. Once the research reaches a certain level, it will become much easier to diagnose and treat bTBI. A clinical definition of bTBI should quickly create the means to treat bTBI, doctors in Queens and Staten Island believe.

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State Representative Dewayne Bunch, also a Whitley County High School teacher, is improving. According to the public relations and marketing director for Shepherd Center in Atlanta, Georgia, the 49-year-old who sustained a head injury while trying to break-up a fight between two students in the school’s cafeteria, in April, is recovering nicely.

The teacher was transported to Baptist Regional Medical Center and then transferred to the University of Kentucky Medical Center. Two weeks after that, he was moved to the intensive care unit at Shepherd Center, a hospital specializing in the treatment of brain and spinal cord injuries.

The State Representative’s traumatic brain injury (TBI) has improved enough that he has now even been moved to the hospital’s rehabilitation unit.

His wife was quoted as giving thanks to the public. “I appreciate the outpouring of support and kindness we’ve received from the community. Please continue to keep [my husband] in your prayers as he continues his journey to recovery.”

More extensive details on his recovery and prognosis are not available at this time. Realizing how varied brain injuries can be, an Attorney, has said that his brain could be recovering from a minor hurt, or it could be trying to reconnect neurons after a serious injury left him with a damaged portion of his brain. While it is unclear what the extent of the TBI is, the fact that the teacher is going to rehabilitation is a good sign. The first periods immediately after a TBI are extremely important and rehab helps tremendously.

The Whitley County Sheriff said last Monday that the incident is still under investigation. The exact reason why Bunch was injured is still unclear.

Two more teachers received minor injuries when they joined Bunch in trying to break up the fight.

The fighting students have been charged with first-degree assault in the injury of Bunch and third-degree assault in the injury of the other two instructors. The students are ages 15 and 16.

Representative Bunch is a science instructor at the Whitley County High School. As a member of the Kentucky House of Representatives, he represents all of Whitley County and a portion of Laurel County in the 82nd district. Doctors in Manhattan and Queens are studying the case.
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The importance of the initial examination when it comes to closed head injury cannot be stressed enough, according to Manhattan doctors. The conscious level may be the best way for a clinician to assess brain function after a head injury. The level of consciousness is often tested early, as the medical professional tests the patient’s response to certain stimuli. Often, this assessment is taken before secondary brain injury sets in; if the injury seems to worsen, it may indicate there are problems with the brain that require a closer look. CT scanning helps with this process, but examination of the conscious level still remains a useful part of head injury observation, especially when the injury does not appear to be severe enough to require a scan at first impression.

The conscious level also helps to measure how serious the injury is, according to doctors. How conscious the patient is can help determine the extent of the injury, when coupled with how much time has passed since the impact. Other factors must be taken into account in these cases, however. Drugs, ethanol, lack of oxygen, and other factors can cause loss of consciousness, and these should also be ruled out.

Later evaluations can monitor and document the duration of loss of consciousness. This is yet another way to measure the severity of brain injury, studies have learned. These methods require away to measure impairments of consciousness, which fortunately medical professionals in Queens have had available for decades.

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The whole method of determining consciousness is changed when it comes to infants and young children, doctors have discovered. Often, the severity of a head impact is overestimated, but it’s much more common for the reverse to be true. When an infant cries because of a head impact, it is thought to indicate full consciousness, when in fact serious brain damage may have occurred.

The Glasgow Coma Scale (GCS) uses verbal and motor responses to assess consciousness, which is not possible for preverbal infants. Even after they learn to speak, a frightened but fully conscious child might not be able to fully aid in assessing his or her own state of mind. Doctors in The Bronx are well-aware of attempts to devise a scale that operates for children who are five years of age or less, so their needs can be better served.

Pediatricians and neurological nurses have studied these preverbal responses and are of great help in devising a scale that can assist in the treatment of small children. One such scale includes social, adaptive, vocal and motor responses, and even suck/cough responses, either spontaneous or induced by stimulus. Each of these was given a score from 0 to 4. Another scale was based off the Glasgow scale for eye opening and motor responses, but it had different criteria for the verbal portion, including such things as smiling, eye orientation, consolability, and interaction.

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Researchers recently found that soldiers who wear military helmets one size larger and with thicker pads, have reduced the severity of blunt and ballistic impact traumatic brain injury (TBI).
The one-year study funded by the U.S. Army and the Joint IED Defeat Organization (JIEDDO) was aimed at comparing the effectiveness of various military and football helmet pads.
The particular research facility used was chosen via a review committee. The committee concluded that the LLNL research lab had the best set of skills, and their previous experience working on blast-induced TBI would prove valuable.

A Queens doctor specified that five different types of pad systems were studied. Those currently and previously used by the Army, two used in NFL helmets, and one used in other protective sports equipment were examined.

The two Army systems consist of bilayer (hard-soft) foam pads within a water-resistant airtight wrapper. One of the NFL systems consists of a thin foam pad and a hollow air-filled cylinder that buckles under load, and the other is a bilayer foam pad surrounded by a covering with air-relief channels that connect to adjacent pads in the helmet. The fifth pad consists of uniformly dense foam.

A combination of experiments and computational simulations were used to study the response of the various protective systems when pitted against battlefield-relevant impacts. The information gathered helped researchers gain an understanding of how each of the helmet pads provide protection against impact.

A researcher who read the report relates in simple terms what the scientific findings were. “For each of the pads, experiments were conducted so the research team could characterize the properties of each of the components within the helmet system. They also observed the response of the complete pad system. The tests were given in a range of impact velocities to ensure accurate answers.

After the testing in Nassau, computational simulations examined how those various parameters affect the system’s general response to impacts. The materials of the foam, pad thickness, pad area, trapped air, etc. were some of the parameters tested.

Drop tests with the actual materials were done to confirm the results of the simulations.
As a result of the teams exhaustive testing and simulation, they were able to recommend the use of a larger size helmet and thicker foam to reduce TBIs in the field.
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