Bronx

Published on: February 20, 2013

While enroute to a fire the fireman was riding on the back step of the fire truck

by Stephen Bilkis

On April 15, 1952 at around 6:30 in the evening, a volunteer fireman in Latham in the town of Colonie, in Albany County fell from the back step of a fire truck and was injured. While enroute to a fire the fireman was riding on the back step of the fire truck. The truck went through a four way intersection that had a saucer shaped drainage ditch in the center of it. The drainage ditch had been installed to correct water run off problem from the private land in the area. The area was very flat and water tended to sit on the surface without running off. The installation of the drainage ditch was designed to improve the problem. In fact, it only partially solved the problem of the water run-off and created a hazardous condition in the intersection of two highways.

When the fire truck crossed over the ditch, the fireman who was on the back stated that he remembered bouncing up about three feet into the air and then he came down into the street and rolled into the drainage ditch. A bystander collected him and took him to a local doctor where he received treatment for injuries to his arm. Later that night, he sought additional treatment from the workers compensation doctor for pain to his chest. The Bronx doctor who treated him stated that he did not remember the exact visit.

In fact, his records of the visit had been lost. He read from his report that he had treated the fireman for chest injuries from his fall from the truck. About six months after that visit to the Brooklyn workers compensation doctor, the fireman began to feel dizzy and sick. He reported to the local hospital where he was found to have a subdural hematoma. A subdural hematoma is a blood clot under the skull bone against the brain. It required brain surgery and he reports that he has been unable to work since the surgery.

Published on: February 15, 2013

Delivery truck in the wrong pavilion

by Stephen Bilkis

On January 9, 1960 an owner of a gasoline station in The Bronx, New York. On this date, the gasoline delivery truck arrived to fill the underground tanks. There is an asphalt area on the side of the station to provide the delivery truck with a safe location to pump out the fuel. The delivery trucks are not supposed to be on the concrete customer pavilion at any time. While the delivery truck is delivering the fuel, the owner would go out to the customer pavilion to be available in case of emergency since it took about an hour for the fuel delivery.

On the date of the commercial truck accident, the owner of the station was attending to a customer at the service island by pumping the gasoline into the customer’s car. The delivery truck was on the asphalt section delivering the gasoline. When the tanks were full, the driver got in and decided to cut through the concrete customer pavilion section rather than exit out of the station through the asphalt delivery side. He had failed to secure the handles to the bulk box compartment swinging doors on the side of the truck prior to pulling off. In fact, he stated that he did not even know that the owner was out on the customer pavilion and thought that he was still in the office area.

As the truck pulled past the owner of the station, he was struck in the rear end by one of the bulk box compartment doors that were sticking out. The force of the blow spun him around and into the rear tires of the delivery truck. A witness grabbed him and pulled him free of the wheels. This accident resulted in serious injury to the gasoline station owner. A lawsuit was filed by the gasoline station owner against the delivery truck driver and the company that the delivery truck driver works for.

Published on: January 19, 2013

Vehicle in accident not covered by policy

by Stephen Bilkis

On June 19, 1965, a company truck belonging to a fleet of company vehicles was involved in a serious accident resulting in injuries and lawsuits to recover damages. However, when the Bronx owner of the fleet applied in a timely manner to their insurance company for litigation support and the benefits owed under the policy, they were informed that the particular vehicle in question was not covered under the policy.

A review of the policy showed that although the company owned five vehicles, three of the five that were listed on the policy had different engine numbers than the vehicle insurance policy. In fact, the three vehicles that were listed on the policy were not owned nor had they ever been owned by the company. The company filed a lawsuit against the Queens insurance company claiming a mutual error in the policy and demand for benefits.

The insurance company contended that since the vehicle that was in the truck accident was not listed on the policy that it would not be covered. The court maintained that there have been numerous other cases that have been examined in situation like this. It is more important that the written word of the contract reflects the verbal agreement between the parties than the other way around. Since the intent of both parties was to insure the fleet of vehicles owned by that company, the insurance company needs to make the adjustments to the policy to demonstrate that fact. That means that the vehicles that are listed on the policy, but that are not owned by the company need to be removed. It also means that the vehicles that are owned by the company and not listed on the policy need to be added. In all of the precedent cases reviewed this correction to comply with the verbal agreement between the parties was upheld.

Published on: January 7, 2013

On Sunday, March 28, 1982 a commercial truck accident occurred

by Stephen Bilkis

On Sunday, March 28, 1982 a commercial truck accidentoccurred in the Rotterdam Industrial Park in Schenectady County, New York. A part time employee of a transport company rented a truck from a local truck rental company and drove it to the industrial park on that date to collect a load of apace heaters that needed to be transported for shipment the following day. His nine year old son was with him in the rental truck, as was his employer. His employer’s 16 year old son and a friend of his arrived shortly thereafter in the employer’s personal car.

The Bronx employer got out of the truck at the industrial park office. The employee, his son and the two teenaged boys continued to the bay where the space heaters were located. The employee backed up the truck to about a foot or so from the building. He stated that the left just enough room for a person to get by while loading the truck. He then left the truck in reverse, but turned the ignition off. They began to load the truck.

While loading the truck, the employer’s 16 year old son decided that they needed music. He went in to the passenger compartment of the rented truck and tried to turn on the radio. It would not work. He then decided that the ignition must have to be on in order for the radio to work. He turned the ignition key and the truck came on. It lurched backward three times because it was in gear. By that time, the employer had gotten to the location. He jumped into the truck and turned it off.

Published on: December 31, 2012

This is a case between two establishments, a service station and a flower shop

by Stephen Bilkis

This is a case between two establishments, a service station and a Bronx flower shop, as well as the insurance companies of each of these two establishments and is about the commercial truck accident, which occurred in the flower shop and in the service station.

The owner of the truck is a couple who has been a regular customer of the service station for quite a long time. When the male owner died, the female owner wanted the truck to be sold for $100. She asked the male manager of the service station to sell the truck. He agreed to do so and went to the residence of the owners to retrieve the truck. Because the car couldn’t start, he towed the car to his service station, all with the permission and consent of the female owner.

After the male manager had repaired the car, he placed a “for sale” sign on the car and parked it on the southern side of the service station. The truck’s front end was facing the northern part towards the flower shop. Te flower shop was adjacent to the service station’s north line. The truck was parked on that area for two to three weeks, before the commercial truck accident happened.

Published on: December 22, 2012

The complainant is pleading the Court to release an Order

by Stephen Bilkis

The Bronx complainant is pleading the Court to release an Order which grants summary judgment on his favor pertaining on the subject of liability. The defendant, however, is in contradiction with his particular appeal.

This specific action is based on the 18-wheeler crash in Long Island Expressway that happened last April 10, 2008. The said Complainant’s vehicle was described as a flat-bed truck, while the offender’s vehicle is said to be that of a tractor-trailer type. It is a good thing that the Complainant’s driver was not hurt in the said accident; however, the defendant who was then driving the tractor-trailer passed out in the event of the said commercial truck ACCIDENT. He was immediately brought to the hospital for medical assistance by the ambulance that arrived just in time.

The complaint was asking for $19,200 total of claims for the alleged rental fees incurred when he opted to rent a truck for a determined period of time while the truck which was damaged due to the accident was still being repaired. No Personal Injury claims were made by both parties as a result of the truck accident.

Published on: December 9, 2012

Following the notification of a lawsuit, the business notified their insurance company

by Stephen Bilkis

On May 8, 1964, a truck driver for a commercial company drove his employer’s truck to a business on Lake Shore Drive in Oswego, New York. Upon his arrival, the truck was being loaded by a crane operated by an employee of the business with scrap metal. One of the pieces of scrap metal struck the commercial company’s truck driver and causing him injury. After the injury, the commercial truck driver notified the business that he was filing a lawsuit for injuries and damages.

Following the notification of a lawsuit, the business notified their Bronx insurance company. The business’ insurance company then notified the insurance company for the commercial motor vehicle that the victim had been driving. They maintained that the loading of the commercial truck was covered under the motor vehicle policy that was under their jurisdiction. Therefore, the insurance company that was responsible for the damages should be the insurance company that covered the truck. The insurance company that covered the truck disagreed. They felt that it was the responsibility of the insurance company that covered the business, their property, and the actions of their employees. The insurance company for the truck was not notified of the truck accident until eight months after the accident in December of 1964.

The insurance company for the truck applied to the court for a motion of summary judgment on the contention that the insurance company for the business had failed, as a matter of law, to comply with the notice provisions of the insurance company for the truck’s policy. The notice of accident as it applies to that policy states:

Published on: November 27, 2012

The wrongful death action was filed arising from a car accident

by Stephen Bilkis

A wrongful death action was filed arising from a car accident which occurred in New York during a early morning in March. Involved in the truck accident was a tractor-trailer driver in the employ of a trucking company. According to sources, due to an electrical problem, the tractor-trailer stalled in traffic in the center lane of the Expressway. The driver got out of the tractor-trailer, walked to the front of the vehicle, and got down on the ground under the truck. While the driver was under the truck, a truck owned by a truck rental company pushed the tractor-trailer forward and onto the tractor-trailer driver’s chest, thereby causing his death.

As a result of the truck accident, the truck rental company filed a property damage claim with its insurance carrier. The insurance company paid the claim and instituted arbitration proceedings against the insurance company for the tractor-trailer trucking company seeking reimbursement for the property damage claim. The tractor-trailer driver’s widow instuted a civil action for wrongful death against driver of the truck and the truck’s owner. The Bronx driver and the Brooklyn truck owner, in turn, filed a third-party action against the owner of the tractor-trailer seeking contribution and indemnification.

The truck company who owns the tractor-trailer sought to dismiss the complaint based on the doctrine of collateral estoppel. The truck company said the doctrine bars the truck driver and the truck owner from seeking indemnification and contribution because its responsibility for the accident was previously litigated in the property damage arbitration proceeding instituted by the rental truck company’s insurance carrier. The tractor-trailer truck company said the truck driver and the truck owner are bound by the finding of the arbitrator that the tractor-trailer was not negligent, and, therefore, not liable for the accident.

Published on: November 22, 2012

This is a summary of the decision of the Supreme Court of the State of New York

by Stephen Bilkis

This is a summary of the decision of the Supreme Court of the State of New York in Nassau County on a motion for summary judgment submitted by BNJ Granite/Cabinets last March 7, 2011. BNJ Granite/Cabinets and Innovative Stone were charged with negligence and failing to provide its employees with a safe work site and working conditions. This negligence was alleged to be the cause of the truck accident in which Michael Tyson was injured.

On January 12, 2009, Michael Tyson of the Bronx was injured as he was working in BNJ Granite’s granite manufacturing business site in Holbrook, New York. Tyson was hired by Innovative Stone to transport two slabs of granite, around 6 feet by 10 feet and weighing 900 pounds, in his truck. The slabs were to be placed on the flatbed of his truck with an A-frame support to hold the slabs in place. The A-frame was assembled by two BNJ Granite employees. The slabs would be then be lifted by a forklift onto the truck and into the frame.

One of the BNJ employees, under Tyson’s guidance, lifted the first granite slab and positioned it on the surface of the truck. He did the same with the second slab when suddenly, it fell from the A-frame into where Tyson was. Tyson had been laying wooden planks on the truck’s base to cushion the granite and prevent it from breaking. The slab landed on both his legs and crushed them. He had to have three surgeries and both legs amputated.

Published on: November 17, 2012

One afternoon, a 35-year old woman met a car accident

by Stephen Bilkis

One afternoon, a 35-year old Brooklyn woman met a car accident. Her vehicle was struck in the rear by a truck. The truckwas not immediately identified because it hurriedly left the scene of the accident. According to sources, the woman suffered personal injuries as a result of that accident. To recover damages for the car and her injuries, the woman filed an action against the insurance company who provided insurance to her vehicle. Under the insurance policy, the insurance company agreed to pay for some injuries caused by an truck accident arising out of the ownership, maintenance or use of a Supplementary Uninsured Automobile.

According to the police report, the Bronx truck that hit the woman’s car had a New York license plate. A DMV printout indicated the truck that hit the woman’s car was insured. The insurer of the truck, however, denied any liability and contended that the driver of the truck was not involved in the accident.

Arbitration on the case began. The insurer of the woman’s vehicle, however, sought to have arbitration permanently stayed alleging that the opposing side has failed to furnish sufficient evidence to support their allegation that the offending vehicle was uninsured at the date of the accident. The insurance company also alleged that it is not liable for the injuries suffered by the woman and the damages sustained by the car because the accident did not arise out of the ownership, maintenance or use of the car. The insurance company maintained that it does not have an obligation to pay under the insurance because the truck caused the accident and its resulting injuries and damages.