Category: News

Everyone in NYC has seen a commercial for Cellino & Barnes at one time or another. Now, reports are that the firm may be on the verge of splitting up. As with any high-profile company, reports of internal conflict have fueled media reports speculating on what’s really happening behind closed doors.

At the heart of everything is a lawsuit that has been filed by Ross Cellino against his partner Stephen Barnes, apparently seeking to dissolve the firm and end their business relationship. Obviously, this is a dramatic course of action that has left many on the outside wondering about what’s caused it. After all, Cellino & Barnes is a highly successful law firm, so the fact that one of the firm’s partners evidently wants out has raised more than a few eyebrows.

Nepotism Involved?

According to some media reports, the partners’ relationship began to deteriorate after Barnes refused to hire Cellino’s fresh-out-of-law-school daughter, citing the need to avoid bringing nepotism into their business. This reasoning might have been plausible—and even laudable—were it not for the fact that Barnes’ brother and girlfriend had already been working at the firm for several years.

Still, while this dispute might have been a turning point for the two attorneys, no one is yet claiming that it’s part of the rationale behind Cellino’s decision to take legal action against his partner.

Management and Business Practices Cited

Instead, confidants claim that Cellino has become increasingly unhappy with the overall management style and direction the firm has taken. Reports state that he feels it has become too aggressive in some regards, and that his concerns have fallen on deaf ears with no course correction being taken.

Because of this dissatisfaction, Cellino now seeks to dissolve the firm so that his name is no longer attached to it. Obviously, this leaves a number of questions that don’t have obvious answers, many of which directly concern injured victims with cases in progress:

• What will happen to the ongoing cases the firm is currently working on?
• Will the legal dispute cause delays in investigations and settlement negotiations?
• Will the lawsuit become a distraction for the rest of the firm?
• Will the disagreement pull resources away from client cases?

These are all legitimate concerns, none of which have a readily apparent answer.

NYC Personal Injury Attorneys

At Greenstein & Milbauer, LLP, we provide injured victims with the best-quality legal representation available. We know how to properly value a claim, and we know how to negotiate a full settlement and win in court during trial. We make it our mission to ensure that our clients don’t get taken advantage of by the insurance companies. Just like our motto says: Don’t be a victim twice.

What’s more, we make it easy for clients to switch their cases over to us, whatever the reason may be. If you would like to learn more during a free consultation, just give us a call at 1-800-VICTIM2 (842-8462) or complete the form at the bottom of this page.

Commuters on the Long Island Rail Road (LIRR) received an unpleasant surprise last week when their train failed to stop properly upon arriving at Brooklyn’s Atlantic Terminal. The train crash will be investigated thoroughly, but preliminary reports suggest that the train was moving erratically as it approached the terminal and it’s been suggested that the driver could have been suffering from a sleep disorder. Up to 106 people were injured in the crash and transported to local hospitals for treatment, but none of the injuries were considered serious and there were no fatalities.

Not a Typical Commute

The train crashed on Wednesday, January 4 around 8:00 a.m. and was carrying 600–700 passengers. Some witnesses said they noticed nothing unusual at the time, but records show that the train had been moving in an unusual way.

Instead of pulling into the station at the correct speed, the train reportedly entered the terminal at more than double the normal speed and then decelerated and accelerated erratically, finally crashing into the safety device at the end of the platform while still moving at approximately 10 mph.

Compared to Hoboken Crash

Almost immediately, parallels were drawn between last week’s Atlantic Terminal crash and the crash of a New Jersey Transit train last September. In that accident, one person was killed and more than one hundred injured when a commuter train came into the station at double the speed limit and then hit the bumper at the end of a platform, causing structural damage to the station. The sole fatality, in fact, was a woman struck by falling debris.

An underlying cause of both crashes might also be the same. There’s a strong suspicion that the driver in that crash had a sleep disorder, which was diagnosed only after the crash, and that this was a major factor in the accident. The same problem was behind a 2013 Metro-North rail crash that killed four and injured seventy. Metro-North put a screening program in place after that 2013 crash, but the LIRR had not. That’s worrisome, considering that the Metro-North program found undiagnosed sleep disorders in 12 percent of its engineers.

A Foreseeable Accident?

The LIRR has a very good overall safety record. According to news sources, their last fatal crash was in 1951. But in light of the fact that sleep disorders were the suspected cause of two fatal train crashes in recent years and that so many of Metro-North’s engineers tested positive for them, one has to wonder if the LIRR was ignoring a huge red flag at the expense of customer safety. It’s a fortunate thing that no one was killed in the Atlantic Terminal incident.

New York City Train Crash Attorneys

Injuries and deaths involving trains happen all the time, but most people don’t hear about them. In 2013, there were nearly 900 deaths from rail accidents. The majority of them were people walking along tracks or rail workers themselves, but passengers are sometimes the victims.

If you or a loved one has been injured or killed in a railroad crash, turn to an experienced firm like Greenstein & Milbauer, LLP for help. We understand train accident law, and we offer a free consultation to discuss the specifics of your case. Give us a call at 1-800-VICTIM2 (842-8462) today to schedule a free consultation, or contact us online through the form below to learn more.

Have you ever wondered how safe the equipment is at your local park or school playground? We have all purchased products that have been recalled at one time or another, but when it comes to playgrounds, most parents feel that their children will be safe as long as an adult is watching out for them.

Many people also think that playground equipment at school and municipal parks is safe because they have strict standards when it comes to the safety of children. But this isn’t always the case, as many parks have either old and outdated equipment or equipment that has not been tested properly or even at all.

Just last month, two children lost fingers in traumatic amputations caused by a defect on a slide made by Playworld Systems. The company is now recalling 1,300 slides across the country that were sold to schools and municipalities over the last sixteen years. The side-welds on these stainless steel slides can separate and crack, allowing children’s fingers to get caught in the opening.

Consumer Products and Safety Testing

The government does not test most consumer products for safety before they hit the market. While some manufacturers or product makers may do their own pre-market quality testing, it may not be enough, and some companies may avoid it all together to keep costs low. Tragically, many safety hazards do not appear until consumers begin using products, which can result in serious harm and death.

The importance of product safety is crucial for makers of products and consumers alike. Recalls and lawsuits can cost companies millions of dollars, and when products cause accidents, consumers can be injured or killed, leaving their families devastated. So while Playworld Systems is offering free replacement slides and free installation, it’s too late for the children who lost fingers.

The Consumer Product Safety Act requires manufacturers, importers, distributors, and retailers to report injury incidents when a product causes injury. These companies are required to notify the Consumer Product Safety Commission (CPSC), the government regulatory watchdog responsible for protecting the public from hazardous products.

Holding a Negligent Manufacturer Accountable

Anyone who has suffered an injury due to an unsafe or defective product may be eligible for financial compensation. When a product is defective and causes injury, the creator, manufacturer, or distributor may be held accountable, depending on where in the chain the fault lies.

Product liability law is complex, and proving fault is a complicated process that requires the experience and knowledge of a capable product liability lawyer. In order to receive a fair settlement, it is important to have someone on your side who understands the details of product liability, from filing a claim within the statute of limitations to determining whether your case falls under negligence, strict liability, or breach of warranty.

A New York City Defective Product Attorney Can Help You

After being injured by a dangerous product, consult with the NYC product liability lawyers from Greenstein & Milbauer, LLP. We will aggressively fight for you right to recover the maximum compensation possible for your claim. With dedication and compassion, we are here to help you get the settlement you need to get back on your feet.

Don’t let an insurance company or the legal system make a victim of you a second time. Instead, contact us at 1-800-VICTIM2 (842-8462). Your consultation is always free with no pressure or obligation—just answers and honest advice.

Anti-drunk driving campaigns and law enforcement efforts have helped make the roads a little safer. But a new study performed by the road safety organization AAA says that the public should be just as concerned about drowsy driving.

According to their findings, getting less than seven hours of sleep doubles the chance of crashing, while sleeping less than five hours makes a driver as unsafe as a drunk driver. “You cannot miss sleep and still expect to be able to safely function behind the wheel,” said Dr. David Yang, executive director for the AAA Foundation for Traffic Safety.

 

Sleep Duration and Crash Risk Directly Linked

The AAA Foundation report found that within a twenty-four-hour period, the crash risk for sleep-deprived drivers increased steadily when compared to drivers who slept the recommended seven hours or more:

• Six to seven hours of sleep: 1.3 times the crash risk
• Five to six hours of sleep: 1.9 times the crash risk
• Four to five hours of sleep: 4.3 times the crash risk
• Less than four hours of sleep: 11.5 times the crash risk

 

Signs to Be Aware Of

This study is making headlines and will hopefully raise awareness for what many of us do on a regular basis with hardly a second through: Most of us drive when we’re tired and probably just think of it as a minor inconvenience. In reality, getting sufficient sleep is potentially a matter of life or death. So it’s definitely time to re-examine the shape we’re in when we’re behind the wheel.

While some of this might seem obvious, AAA cites these warning signs to help you identify when you’re not driving at your best:

• Inability to remember the last few miles driven
• Disconnected or wandering thoughts
• Difficulty focusing or keeping your eyes open
• Feeling as though your head is very heavy
• Drifting out of your lane and onto the rumble strips
• Yawning repeatedly
• Accidentally tailgating other vehicles
• Missing traffic signs

When drivers recognize the above symptoms, they should relinquish the wheel to someone who has slept more or pull over and rest. AAA also recommends avoiding driving during normal sleep hours and forgoing heavy meals before driving. Drivers should plan to get a good night’s sleep before any long trips and factor in time for rest breaks every two hours or one hundred miles. They should also avoid taking medication that will make them drowsy.

 

Fatigued Driving Alarmingly Common

The AAA website also notes that 37 percent of drivers report having fallen asleep behind the wheel at some point in their lives and that 11 percent report having fallen asleep behind the wheel in the past year. As one survivor of her own drowsy driving crash says, “All it takes is a second, and you just nod off,” and your life can change forever.

 

New York City Auto Wreck Attorneys

Drowsy driving is an example of negligence that can be used against you or the other driver in the case of an accident. Although proving another driver was tired is trickier than measuring blood alcohol content in a breathalyzer test, there are ways to do so. For instance, certain records may demonstrate that a person had not slept in a number of hours, such as with credit card and phone records. Erratic or unsafe driving can be proven by a skilled attorney.

If you feel that you were victimized by someone else’s negligent behavior, such as drowsy driving, Greenstein & Milbauer, LLP have the experience to convincingly argue your case and increase your chance of getting more compensation. Contact us today to speak to one of our experienced attorneys by calling 1-800-VICTIM2 (842-8462) or by using the online form below.

The sudden death from a stroke in February of a former Playboy model, known to her two million social media followers as the “Queen of Snapchat,” has been ruled accidental in an October report by the Los Angeles County Coroner’s Office.

However, in issuing its report, the coroner’s office attributed the stroke to a chiropractic procedure the victim had undergone several hours earlier. That finding again raises concerns about the safety of chiropractic procedures, which some have called dangerous and unnecessary.

 

Promising Career, Popular Model

Katie May, age thirty-four, had worked as a model and gained success with appearances in several ad campaigns and magazine features, including for Playboy, Esquire, GQ, and Sports Illustrated. She was also a popular social media personality. At the time of her death, it had been reported by some that she’d fallen during a photoshoot and injured her neck, which led to the stroke and her death.

She had, however, only told her online fans that she’d pinched a nerve in her neck during that January shoot, and that she planned to see a chiropractor about the problem. After a February 1 chiropractic visit, she began experiencing numbness and dizziness, and by the time she reached the hospital, she was found to be suffering a massive stroke. This led to major brain damage. Her family took her off life support on February 4.

The coroner’s report, completed seven months later, blamed her stroke and subsequent death on a tear in one of the important arteries that supplies blood to the brain. This tear, the report concluded, had been accidentally caused during May’s chiropractor visit.

 

Chiropractic Injury and Death

It’s estimated that about 20 million Americans visit a chiropractor each year. Most of them leave satisfied and in good health, but for years concerns have been raised about the safety of some chiropractic procedures.

In particular, the injury suffered by May, known as a vascular dissection, has been highlighted as a dangerous and sometimes fatal side effect of energetic chiropractic neck manipulations. The American Heart Association has officially cautioned against neck manipulation procedures since at least 2014 because of a potentially increased stroke risk, while other sources have determined that the risks outweigh the benefits, specifically because data is difficult to find on the true danger posed by these procedures.

The American Chiropractic Association counters that their practitioners are properly trained and that they perform procedures safely, but that all treatments pose some risk. They note that even commonly prescribed medicines, such as ibuprofen, present a risk of stroke to users.

 

Chiropractors and Medical Malpractice

Chiropractors might not be medical doctors, but they are trained and licensed healthcare practitioners. As such, they owe the same duty of care to their patients as any other healthcare professional.

When the mistreatment of a patient or the misapplication of a procedure causes an injury such as a stroke or—in extreme cases such as Katie May’s—death, that professional needs to be held accountable. An injured patient or her family would hold a doctor responsible for harming someone in their care, and chiropractors should be held to the same standard.

 

New York City Medical Malpractice Lawyers

If you or someone close to you has been injured by a procedure performed by a chiropractor or another healthcare professional, it’s important to pursue compensation to cover the costs of additional medical treatments, lost wages and income, and any unnecessary suffering caused by that injury.

Greenstein & Milbauer, LLP understands this kind of personal injury claim, and we’re ready to assist you. Call us today at 1-800-VICTIM2 (842-8462) or complete the form below to set up a free consultation to discuss your case.