Connecticut Injury Attorney Blog

A freak accident on an elevator in a Midtown Manhattan office building has taken the life of a 41 year-old woman and shocked an entire city. Suzanne Hart died on the morning of December 14, 2011 as she stepped onto the elevator on the way to her job at an advertising firm. With the elevator doors still open, the car suddenly lurched up while she was halfway in. The car stopped between the first and second floors, trapping her between the elevator and the wall and crushing her to death. It took rescue workers an hour to get two other passengers, who suffered no physical injuries, out of the elevator. Hart was pronounced dead at the scene, but her body could not be retrieved until much later in the day.

Elevator accidents are rare but provocative occurrences. New York City boasts more than 60,000 elevators, according to the New York Times, and they are an essential feature of the city's many tall buildings. There were 53 accidents involving elevators in 2011 with three fatalities. The most recent death in an elevator accident prior to this one occurred in September, when a worker for elevator maintenance company Transel Elevator, Inc. fell down an elevator shaft at a building in the Garment District.

Elevators are such a common part of everyday city life that accidents such as these are difficult to imagine, seeming more like something out of a horror movie. In reality, elevators are just one more type of mechanical device on which we rely, but which need regular inspection and maintenance. Much like a car or an airplane, any number of failures could lead to tragedy. A famous story that has already achieved urban legend status illustrates the risks and liabilities. A doctor in Houston, Texas was killed in 2003 when a malfunction caused the elevator doors to close as he entered the car. He was trapped between the doors as the car quickly rose and partially decapitated him. Investigators concluded that a maintenance worker wired the car incorrectly, directly leading to the accident. The doctor's family sued the elevator company for wrongful death and settled in 2004.

Property owners, landlords, and the maintenance companies they employ have a duty to maintain reasonably safe premises, and they could be liable for injuries or deaths that occur if they breach this duty. The investigation into the accident that caused Hart's death is still ongoing, but preliminary reports have indicated that Transel Elevator, the same company that lost an employee in the September accident, was performing electrical maintenance on the elevator car hours before the accident. This is reportedly the focus of the investigation by the city's Department of Buildings. Whatever the specific cause of the accident, it is remarkable because of the seemingly simultaneous failure of all the elevator's safety mechanisms, which are supposed to prevent movement of the car while the doors are open.

Continue reading "Fatal Elevator Accident Shocks New Yorkers" »

Connecticut observed Safe Teen Driving Awareness Week from December 4 through 10 with the theme of "How A Community Helps to Make Teens Safe Drivers." The Connecticut Department of Motor Vehicles (DMV) released a Teen-Parent Driver Agreement, which it hopes will educate teens and families about the risks teenagers in particular face on the roads. The Agreement will be included in the driver's manual distributed in teen drivers' education programs. DMV Commissioner Melody A. Currey remarked that she hopes the agreement "gives communities as well as parents and teens a good starting point for discussions about safety."

Safe Teen Driving Awareness Week began several years ago with support from !MPACT, an organization of friends and families of teenagers who died in automobile accidents, more formally known as Mourning Parents Act, Inc. It is observed every year in early December and features campaigns for educating teens and families about driving safety, as well as advocacy for stronger regulations of teen driving education programs. It specifically targets 16- and 17-year-olds, for whom automobile accidents are the leading cause of death in Connecticut. The DMV also co-sponsors an annual video competition inviting videos that spotlight community efforts to promote safe driving and prevent crashes and injuries.

The "Teen-Parent Driver Agreement" is the centerpiece of the campaign, aimed at encouraging communication between teens and their parents or guardians about driving safety and the particular risks teens face on the road. It includes checklists of safety risks, obligations of supervising adults, and obligations of teen drivers for teens and adults to review together, such as:

- Adults should serve as role models by driving responsibly themselves.
- Adults should give teens a ride whenever possible to avoid dangerous driving situations.
- Taking and passing a driving course does not guarantee that a teen is a safe driver.
- Violating state driving laws puts people, including the driver, at risk of injury and worse.
- Teens will wear seatbelts and refrain from using electronic communications devices, such as cell phones, while driving.
- Teens will not drive while fatigued or under the influence of drugs or alcohol.
- Teens will obey curfews and rules pertaining to the number of passengers allowed in the car.

The agreement also includes clauses pertaining to responsibility for gas and maintenance expenses, as well as suspension of driving privileges for violating any of the teen obligations.

Continue reading "Connecticut Promotes Safety with "Safe Teen Driving Awareness Week"" »

The most recent issue of General Surgery News, a monthly trade publication for surgeons, addresses the impact of medical malpractice lawsuits on surgeons. An article by reporter Gabriel Miller offers tips and advice to surgeons on how to protect themselves both before a lawsuit is filed and once they have received court papers. While the advice clearly has surgeons and other doctors as its intended audience, it offers some good insight for personal injury attorneys as well as patients.

Miller cites statistics from a recent survey conducted by the American Medical Association showing that one in twenty surveyed doctors had faced a malpractice claims in the previous twelve-month period. A New England Journal of Medicine study published this past summer reviewed twenty-four medical specialties and found that general surgeons ranked third for total number of lawsuits filed, behind neurosurgeons and thoracic surgeons. An estimated 99 percent of physicians in specialties deemed "high risk" will face at least one lawsuit or claim before reaching retirement age. Patients filed malpractice lawsuits against an average of 15.3% of general surgeons each year, twice the rate for the overall population of physicians.

Miller cites these statistics as a topic of concern for doctors, but does not mention the amount or extent of harm suffered by plaintiffs in all these cases. The article has few kind words for personal injury attorneys, quoting one surgeon as saying that, while a malpractice lawsuit can be devastating to a surgeon's career and lifestyle, it is "business as usual" for lawyers.

Settlement, Miller argues, looks like an admission of fault, so he advises physicians not to settle. It can reportedly have long-term repercussions on a doctor's career and reputation, as information on lawsuits and settlements is available to state medical boards and national malpractice databases. Litigation, of course, is a lengthy, expensive, and stressful process, especially for an injured plaintiff who may need compensation for injuries sooner rather than later. Miller's advice therefore looks like a good tactic for a defendant who has time on their side.

Miller's tips on avoiding lawsuits are of more use to patients and their advocates. He advises surgeons to always clearly obtain informed consent from patients. This involves educating the patient about the nature and risks of the intended procedure. This is excellent advice for the patient or the patient's family or representatives, who should do all they can to learn about the procedure. Miller also advises doctors to document any complications as they occur, in order to have a real-time record of events. Doctors should also explain complications to the patient, to the extent possible, as they occur, in order to involve the patient as much as possible in decisions. Patients should do something similar, keeping records of their communications with the doctor and asking as many questions as they feel are necessary.

Continue reading "A Surgeon's View on Medical Malpractice" »

The National Transportation Safety Board (NTSB), an independent agency of the federal government, issued a recommendation this week calling on state governments to ban the non-emergency use of cell phones and other electronic devices by drivers. The NTSB has no specific enforcement powers by itself, but it is the leading government advocate for safety in transportation. As such, its recommendations carry a great deal of weight with lawmakers and other government officials.

The NTSB further recommends the use of "high visibility enforcement" to aid enforcement of such bans. This refers to a model established by the National Highway Traffic Safety Administration (NHTSA), another government safety advocate, involving a publicity campaign surrounding a specific traffic law combined with aggressive and visible enforcement of that law. A famous example is the NHTSA's "Click It or Ticket" campaign supporting seat belt use.

The NHTSA estimates that "distracted driving" contributed to as many as 3,092 automobile accident deaths in 2010, with cell phone use constituting a significant percentage of the "distractions." It also estimates that, at any point in time, one percent of drivers is texting or accessing the internet on mobile devices while driving. This number is likely even higher among young drivers. Driving while texting seems to be on the rise, even as thirty-five states and the District of Columbia have enacted bans on the practice. Whether Americans can overcome their seeming addiction to their mobile devices and focus on driving remains to be seen.

The NTSB's recommendation came as part of its report on an August 5, 2010 multi-vehicle crash in Gray Summit, Missouri that killed two people and injured thirty-five. A pickup truck struck the rear of a semi with no trailer. A school bus then struck the rear of the pickup truck, flipping it onto the back of the semi. A second school bus hit the first bus, driving the first bus further into the pickup truck. The pickup truck driver and a passenger in the rear of the first school bus were killed. Cell phone records and other evidence indicated that the driver of the pickup truck was likely distracted due to texting when he collided with the semi, having sent or received eleven text messages in the space of eleven minutes. Evidence also indicated that the pickup truck driver was fatigued due to long driving hours. The board also found issues with the school buses that contributed to the accident, but distracted driving was found to be a substantial causative factor.

Continue reading "National Transportation Safety Board Recommends Ban on All Non-Emergency Cell Phone Use While Driving" »

A pedestrian accident in Stonington, Connecticut demonstrates the dangers posed by damage to roads and other public spaces throughout the state and the country. The Mystic River Press reports on Jessica Post, who suffered leg injuries in a fall caused by a sinkhole. Her family has apparently requested repairs to the sinkhole in front of their house multiple times, and the city has patched it on several occasions. The sinkhole continues to appear because of, literally, deeper problems with the city's infrastructure.

An obsolete drainage system installed in the neighborhood in the 1940's is the suspected cause of the sinkhole. The system may also be responsible for flooding in the neighborhood. Although upgrades to this system are rather clearly necessary, the city simply lacks the funding to make all of the necessary upgrades and repairs to city systems. City officials estimate that repairs to the Post family's street could cost as much as $80,000. As more and more roads, drainage systems, and other public utilities decay, more accidents and injuries are sure to follow.

A 2009 analysis of data from the Federal Highway Administration, conducted by transportation advocacy group The Road Information Project (TRIP), reportedly found that only 34 percent of Connecticut's roads were in "good" condition. The national average for roads ranked "good" is only 51 percent, but that still puts Connecticut low in the rankings. TRIP's research suggests that poor road conditions play a major role in as much as one-third of the fatal traffic accidents or Connecticut streets and highways. It further found that 45 percent of Connecticut's roads are in "poor or mediocre condition," costing the state's drivers an additional $847 million a year in maintenance costs.

The owner or manager of property is typically liable for dangerous conditions on that property that cause someone injury, but holding state or local governments accountable for damages caused by dangerous road conditions can be tricky. Everyday government bureaucracy is a factor, but governments can also limit the legal ability of individuals to sue them. Many require a series of notices and acts, such as notice of the dangerous condition and an opportunity to repair the condition, before a lawsuit is authorized. Laws often set a very limited window of time, such as 180 days, during which an injured person may file suit. Establishing causation may also prove difficult, as different levels of government may have responsibility for different parts of a roadway, and private contractors may also be involved.

Continue reading "Accidents, Injuries Result from Connecticut's Crumbling Infrastructure" »

The woman responsible for a fatal crash in May 2011 pleaded guilty to vehicular manslaughter in late November. Yadira Torres, a 26 year-old warehouse worker, agreed to serve between five and eight years in prison. A judge will determine the specific length of sentencing in February. Torres has not driven since the accident. She is free on $35,000 bail.

The accident occurred at about 6:00 a.m. on May 7. Torres was driving north on Interstate 95, reportedly heading home to Hartford after a night of drinking in Manhattan. She lost control of her Dodge Caliber and hit the tractor trailer she was passing. The collision made the truck flip and spin around, detaching the cab from the trailer. The truck then burst into flames. Both the driver, 42 year-old James Sorto, and his passenger, 18 year-old Kelly Taborda, died in the crash. Sorto was pronounced dead at the scene, although officials would not be able to identify him for several days due to the extent of his burns. Taborda, who was pregnant, died from blunt trauma injuries at Stamford Hospital. Torres and three passengers in her car were treated for minor injuries at Norwalk Hospital. Police arrested Torres at the hospital that day.

Police charged Torres with vehicular manslaughter. In Connecticut, the combination of driving under the influence and a fatal car crash is known as "manslaughter in the second degree with a motor vehicle" and is a class C felony. The law allows prison sentences of one to ten years for conviction of a class C felony. By pleading guilty, Torres has admitted to many aspects of the accident, including being at fault for the crash. Normally, personal injury attorneys would find this information useful.

According to news reports, Torres had minimal coverage under her automobile insurance policy. Taborda's family reportedly decided not to pursue a lawsuit for damages or wrongful death against Torres. Although there should be more than enough evidence to support a wrongful death claim, a cardinal rule of civil claims is not to commit the time and expense of a claim when it is certain that the defendant lacks the ability to pay a settlement or judgment. With no insurance and a lengthy prison sentence looming, the defendant in this case most likely lacks the means to satisfy a judgment if one existed.

Continue reading "Connecticut Woman Enters Guilty Plea Over Deadly DWI Accident" »

A 15 year-old Connecticut teen who allegedly stole a car and crashed it on Route 16 in November now faces multiple juvenile criminal charges. The teen allegedly stole a 2006 Chrysler Sebring from the North Grosvenordale neighborhood in Thompson the night of November 10. Connecticut State Police later identified the vehicle, but when they tried to stop it, the driver apparently sped up and crossed the Massachusetts state line. After midnight on November 11, a Douglas police officer saw the car heading east on Route 16, going about 77 miles per hour in a 45-mph speed zone. When he tried to stop the vehicle, it sped up to over 100 miles an hour, and the officer lost sight of it. The officer then found the site of the car wreck.

The car crashed on Route 16 and was flipped over when the police officer found it. Police say the crash ejected the driver and one passenger, a 16 year-old male. A 17 year-old female was trapped in the back seat. All three were taken to a hospital in Worcester, Massachusetts with serious injuries. The three youths were already suspected of a series of break-ins, and the car contained stolen property linking them to those incidents.

Authorities charged the driver with using a motor vehicle without authority, driving without a license, reckless operation of a motor vehicle, and driving under the influence of drugs and causing serious bodily injury. They also charged the boy with speeding, seat belt violations, failing to stop for police, and "battery with a dangerous weapon," namely the automobile. No fatalities were reported in the crash, and reports do not indicate property damage to anything other than the vehicle itself.

Civil damages in this case may be difficult to resolve. All three occupants of the vehicle were injured, and the injuries resulted from allegedly criminal activity. As such, the driver would likely be liable for damages caused by the crash, as violation of one or more laws can often serve as evidence supporting breach of duty in a negligence claim. The fact that the driver and one of the passengers are minors may also affect how liability is determined.

Continue reading "Connecticut Teen Faces Charges for Stealing, Crashing Car" »

A collision Sunday night between a 24-foot box truck and a series of telephone poles in Waterbury, Connecticut caused a power outage that lasted into Monday and forced the closure of a nearby elementary school. The truck was reportedly turning onto Dikeman street at about 6:40 p.m. when the side of the truck struck a telephone pole. When that pole fell, wire tension pulled down two more poles. The driver reportedly then continued driving, turning onto Willard Street and striking another pole with the side of the truck. That pole pulled down two more poles when it fell. In all, the truck caused six telephone poles to fall. Police found the driver on nearby Ward Street, where he had parked the truck. There is no indication that anyone was injured.

According to Connecticut Light & Power, about 170 of its customers in the area were without power after the accident. Walsh Elementary School, located on Dikeman Street, had to remain closed Monday because of the power outage. Power was reportedly restored by the end of the day Monday.

The driver, a 33 year-old Waterbury resident, has been charged with several alleged criminal offenses, including "evading responsibility." This refers to leaving the scene of an accident that causes injury or property damage without rendering assistance and providing contact information. It only applies to people directly involved in the accident. Connecticut law treats this offense very seriously, imposing a fine of up to $10,000 and imprisonment of one to ten years if convicted.

The media have not reported on any specific cause of the accident, so it is not known if it was driver error, weather conditions, mechanical failure, or some other reason. The driver, or the driver's employer, could potentially face civil liability for damages caused by the accident. News reports indicate the driver did not own the truck involved in the accident. If it belonged to an employer, and the accident occurred while the driver was performing duties for the employer, then that employer may be held liable for the negligence of its employee.

The main question for an attorney to consider in this sort of case is who may bring a claim for damages. The most obvious damage is to the six downed telephone poles, a claim likely belonging to the city or other local government. Further damages did occur, however, as a result of the downed poles, in the power outage. Could the driver or his employer be held liable for damages resulting from the power outage?

Continue reading "Connecticut Truck Accident Causes Elementary School Closure, Leaves Many Without Power" »