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Amusement Park Must Keep Patrons Safe
As an attorney who has handled many amusement park injury cases against parks like Six Flags and others, I am concerned when employees continue to fail to keep their patrons safe. An employee of the park knows the ride better than the customers and it is that persons

Fall Was The Result Of Elevated Related Risk
In, NICOMETI v. THE VINEYARDS OF FREDONIA, LLC (June 2013) the Fourth Department held that contrary to the contention of defendants, the Supreme Court properly concluded that plaintiff’s fall was the result of an elevation-related risk for which Labor Law § 240 (1) provides protection.

Sovereign Immunity Grounds Do Not Always Apply
In Sue/Perior Concrete & Paving v. Lewiston Golf Course Corporation, (4th Dept. 2013) the court held that “The central question on this appeal is whether defendant Lewiston Golf Course Corporation (LGCC), a corporation formed under the laws of the Seneca Nation of Indians (Nation or SNI), is protected

Jeep Strollers causing injury prompting recall
Jeep vehicles aren’t the only thing being recalled bearing the “Jeep” name. Kolcraft is recalling Jeep Liberty Strollers. These strollers look rough and tumble and provide your little one with a comfy looking ride complete with toy steering wheel, key, and gear shifter. However, they are causing injuries

Chrysler recalls 2.7 Million Jeeps
Chrysler is recalling 2.7 million Jeeps because of fires. The National Highway Traffic Safety Administration says there have been too many deaths from fires when Jeeps are hit from behind. The picture shows the fuel tank exposed below the bumper. In a crash the vehicle can burst into

GM Recalls 200,000 SUVs
GM is recalling 200,000 midsize SUVs due to fire hazards in the driver’s side door. Vehicles in the snow belt states, including upstate New York, are more prone to catch fire. The fires start in in the master power door and window module which can short out and

Rear End Crash Denied Summary Judgment
In Borowski v. Ptak, (4th Dept. June 2013), a 3-2 decision, the Fourth Department upheld the lower Court’s denial of a summary judgement motion for defendant.
This rear-end crash was a little different than most cases. In this case the Plaintiff was the party that rear-ended the defendant.

Race your sailboat! But first, make sure your insurance covers racing.
Here in Buffalo, NY on Lake Erie, sailboat racing is well underway on Tuesday and Wednesday nights. Racing generally means there are more crew members on your boat and working in more dangerous conditions than cruising. Many insurance policies do not cover racing. Please be familiar with your

Fourth Department Upholds Denial Of Defendant’s Summary Judgment Motion For Rear-End Crash
In Lyins v. Zieman, May 2013, the Fourth Department upheld the lower Court’s ruling denying defendant’s motion for summary judgment regarding a rear-end crash. The defendant claimed that he should be let out of the case as he proved that his brakes failed. The Court held that the

Safety Group Seeks Recall of Five Million Jeeps
The Center for Auto Safety is asking Chrysler Group and Fiat to recall about five million vehicles. The safety group also been urging a recall of 1993-2004 Jeep Grand Cherokees since 2009, stating the vehicles have two problems that involving fire hazards when the vehicle is rear-ended. The

Talk Texting With Your Loved Ones
Besides being a personal injury attorney, I am a runner. I run all over Buffalo and Western New York. What amazes me is the number of people I see texting or talking while driving. I see them jolted into awareness, taking quick action when they bring their eyes

Fourth Department Holds No Video Allowed For “NPE”
In Flores v. Vescera, (4th Dept. April 2013) the plaintiff appealed from a protective order that denied her demand to videotape a neuropsychological evaluation (NPE). The Curt held that there is no express statutory authority to videotape medical examinations and that videotaping has not been allowed in the

DOT quick strike team shuts down local bus company due to “imminent hazard to the public”
The Federal Motor Carrier Safety Administration shut down Niagara Falls, New York bus company, Coach USA Tour, Inc., citing false record-keeping, lack of oversight and imminent danger to the public.

Fourth Department Upholds §241(6) Labor Law Claim
As an experienced Labor Law injury attorney in Western New York and Buffalo, I continue to see injured construction and other type of workers despite laws put in place for their protection. In Smith v. Nestle Purina Petcare Co., (4th Dept. 2013) the Appellate Division upheld the plaintiff’s

Fourth Department Upholds Labor Law Slip And Fall Summary Judgment For Plaintiff
In Thompson v. 1241 PVR, LLC , a labor law case Plaintiff fell on ice and snow that had accumulated on the floor of the building where he was framing interior walls before a proper roof or windows were installed. Defendants contended on appeal that Supreme Court erred

Safe Drivers Recognized
The NFTA recognized several professional bus drivers who served more than 30 years without an accident. As attorneys frequently deal with truck accidents and bus accident and recognize most drivers are professionals who do a fine job, sometimes under difficult circumstances. But it seems we don’t hear about

Feroleto Law Cleans Up
Attorney, Christine Vogel organized the Feroleto law contribution to the Buffalo Niagara River keeper Spring shoreline cleanup April 20. Paralegals Rachel Felix and Erica Obermiller, attorneys Paul Becker and John Feroleto and John’s sons, attorneys, John Feroleto and Joel Feroleto all pitched in to remove many bags of

Deadly Construction in Texas
We recently wrote a blog entry about NYS Scaffold law and the importance of it. Attorney John Feroleto also appeared on the Capitol Pressroom to discuss this law and why it is important and must remain on the books. Not all States have safeguards for workers, especially construction

Headway of WNY can use things you won’t use.
Headway of WNY is a great organization, consisting mostly of volunteers who help people with traumatic brain injuries. As an injury attorney, I have clients who have very normal lives and suddenly have something happen to them or a family member such as a car accident, truck accident,

Grain Bin Deaths – Fines Must be Kept High
This morning, NPR broadcast a story about deaths that occur across the County in grain bins. The details of the working conditions and the description of how workers die in grain bins was extremely unsettling.

Sun Glare Does Not Always Provide Basis For Emergency Doctrine
As a Buffalo and Western New York personal injury attorney I have to stay on top of the most recent case law. Oftentimes a defendant in a motor vehicle crash will claim that they are not responsible because they are blinded by the sun. The Court of Appeals
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