SCHULMAN BLITZ, LLP
FALL 2015 NEWSLETTER
We hope you had a great su
mmer and are getting back into the swing of things. Our summer was busy with multiple trials, out-of-court mediations and successful settlements. We are proud of the results that Schulman Blitz, LLP achieved through the hard work of our attorneys and staff and we hope that you enjoy reading about some of them. Best wishes for a safe and healthy fall season.
Fred and Justin
RECENT SCHULMAN BLITZ, LLP RESULTS
Bus Passenger Injured in Collision
Our client and her mother were passengers on a New York City bus in the Bronx on their way to the grocery store when the bus, while attempting to pass a SUV, struck the back of it, causing our client to be thrown from her seat into the partition wall behind the driver. She sustained injuries to her back and neck, which forced her to retire from her job of 34 years as a Certified Nursing Assistant. After no offers of settlement and six years of litigation, Schulman Blitz, LLP took the case to trial, and a $350,000 settlement was reached in the middle of trial just after our client had finished testifying.
MAN CARRYING GRANDSON TRIPS AND FALLS ON SIDEWALK DEFECT - ACCIDENT CAUGHT ON VIDEO
Schulman Blitz, LLP settled our client's case at mediation for $350,000 for injuries he sustained when he tripped and fell on a defective sidewalk in front of a building on Central Park West in Manhattan. Our client was carrying his grandson on his shoulders when the accident happened and he sustained severe injuries which required surgery to his ankle and his knee. The accident was caught on video by the building's exterior cameras which
Schulman Blitz, LLP was able to retrieve and use to help prove our client's case against the building's insurance company.
Woman Injured By Traffic Sign On Central Park Cycling Path - A Lesson in Suing the City of New York
Schulman Blitz, LLP's client, a life long New Yorker and avid cyclist, was riding her bicycle on her normal route through Central Park's cycling path one summer morning, she approached the 79th Street transverse and ran into a traffic sign that had been placed in the middle of the cycling path, causing our client to sustain serious injuries including multiple facial fractures.
Schulman Blitz, LLP was retained to represent the injured cyclist, and our investigation revealed that the sign that our client struck was not a suitable sign to be used on cycling paths. Not only was the sign itself improper, but the placement of the sign in the middle of the path was also also dangerous and a violation of the applicable codes and statutes.
During the course of
Schulman Blitz, LLP's investigation, we discovered that the City of New York, along with the Central Park Conservancy and New York City Department of Parks and Recreation (the entities responsible operating Central Park) are required, pursuant to Federal law, to only use signs which have been approved for cyclists, which are listed in a government publication known as the
Manual on Uniform Traffic Control Devices (MUTCD). We also discovered that the City of New York has their own guidelines, which are contained in the New York Supplement to the MUTCD, which expand the federal guidelines.
It became readily apparent that the sign our client struck was did not conform to either Federal or New York law, and we would discover that the City employees who were responsible for the placement of the signs on the Central Park cycling path had not only failed to follow the standards set forth in the the MUTCD, and New York's supplement, but were not even aware of the requirements.
Schulman Blitz, LLP commenced a lawsuit against the City of New York, the New York City Department of Parks and Recreation and the Central Park Conservancy, all of whom initially denied responsibility. Shortly after commencement of the action, the defendants made a motion to dismiss the case, which was summarily denied because we were able to show, through the use of an expert witness, that the defendants failed to comply with the applicable law.
The defendants' motion to dismiss was the beginning of what would be many years of denying responsibility, and stonewalling, by the City of New York, including years of failing to exchange evidence relevant to the accident.
Schulman Blitz, LLP, aware from prior experience litigating against the City of New York, that the best way to handle the City's stonewalling, is to be persistent and refuse to take no for an answer. This approach would eventually pay off - after three years of litigation, including twenty four court appearances, we would receive the evidence needed to prove our client's case.
The documents and deposition testimony Schulman Blitz, LLP was able to procure from the City would show that the City had blatantly ignored Federal and State requirements for years, and many of the signs being placed on the cycling path were not safe for cyclists, and were being placed haphazardly in dangerous locations on the path. Schulman Blitz, LLP would also discover that the City was aware of cyclists who had been hurt by these dangerously placed signs and did nothing about it.
An appropriate sign for cyclists pursuant to MUTCD on the Central Park cycling path
Once we completed the discovery phase of the litigation, the City attempted to escape liability one last time by filing a second motion to dismiss, which was again denied.
On the eve of trial,
Schulman Blitz, LLP wa
able to negotiate a settlement in the amount of $250,000 to resolve the case.
The lesson one can learn from this case is that when litigating against the City of New York, do not take no for an answer. Be persistent, keep making motions to have the City turn of the documents that they are required to, and keep holding depositions until you have what you need to prove the case.
Schulman Blitz, LLP Settles Podiatric Malpractice Case Prior to Litigation at Private Mediation
Schulman Blitz LLP
's client suffered from severe hallux valgus deformity (multiple bunions) on her foot which became painful and she sought treatment from a podiatrist to have them corrected. The podiatrist performed a surgical procedure in an attempt to correct the hallux valgus deformity. Our client had multiple side effects from the surgery, and we alleged that the procedure should not have been performed in the first case because of many contraindications. The procedure that our client had was not recommended for patients such as our client who have degenerative bone disease. In addition, the procedure was no longer the standard of care at the time our client had the surgery done. Due to the negligently performed procedure, our client will need a further surgery to correct the deformity. Prior to bringing a lawsuit and after months of negotiations,
Schulman Blitz, LLP
entered into a private mediation with the attorneys and insurance company for the podiatrist and was able to settle the case, pre-suit, for a confidential amount.
MORE SCHULMAN BLITZ, LLP RECENT SETTLEMENTS
- Schulman Blitz, LLP settled our client's case against a homeowner who failed to warn our client about a dangerously low ceiling in their home, causing our client to hit his head on the low ceiling and fracture his neck. The case was settled during trial with the insurance company for the homeowner.
- Schulman Blitz, LLP settled our client's case against a driver who struck the rear portion of taxicab in which our client was a passenger. The impact caused our client to strike the middle partition of the taxi sustaining facial injuries. Schulman Blitz, LLP settled the case for the entire amount of the driver's insurance policy limits.
Justin Blitz Lectures to Lawyers at New York Law School, his alma mater, June 27, 2015
Justin Blitz and Fred Schulman will both be continuing their popular lectures to lawyers throughout the State and Country on various topics related to the law
Recent Reviews of Justin Blitz's Online Lectures:
Great lecture! I can't wait to try out some of his recs.
Linda - Skokie, IL
Rory - Staten Island, NY
Justin Blitz opened my eyes to so many aspects of trial practice and technology. He was excellent. Another reason why I recommend Lawline.
Thomas - Lagrange, IL
Very informative, interesting and very well done.
Ann - Utica, NY
Edward J. - New Canaan, CT
Elizabeth - Reno, NV
Very interesting on trial technology
Aleksandra - Northbrook, IL
Maria - Plainsboro Township, NJ
Fabulous speaker. Very interesting presentation on use of technology including Trial Pad and Trial Guides App.
Jerry - Killeen, TX
great program very informative
Kenneth - Houston, TX
This guy was brilliant!
Ray- Woodville, TX
Chris - New York, NY
good speaker who is very knowledgeable about trials.
Eliot - Bronx, NY
Eduardo - El Paso, TX
Excellent content and delivery. Very helpful in my practice
BENJAMIN - Los Angeles, CA
Mark - Dallas, TX
loads of practical tips, especially for smaller case like low impact soft tissue
Jim - Houston , TX
Hanna - Port Ludlow, WA
Really, really enjoyed Justin's presentation. I would love to see more from him.
Christina - Pittsburgh, PA
Michael - Warren, OH
It was like a Woody Allen movie. He kept mt attention.
Derek - Ballwin, MO
This presentation falls in the category of the top two CLEs I have viewed on lawline.
Robyn - Rochester, NY
Michael - Corinth, TX
One of the best CLE programs I have taken
Gerard - North Collins, NY
Fred Schulman, Esq. updates his widely acclaimed treatise on medical malpractice twice a year.
to purchase a copy of Fred Schulman's renowned treatise "The Preparation and Trial of Medical Malpractice Cases" which is published by Law Journal Press, a division of American Lawyer Media.
Schulman Blitz, LLP are proud supporters of
Fred Schulman and Justin Blitz are honored to be selected as 2015
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