NY Accident Lawyer (and Father of 3 Teens!) Applauds Proposed Federal Legislation

Posted on April 29, 2010 by Jim Reed

My three teens are going to kill me, but I am strongly in favor of proposed new legislation by NY Senator Gillibrand. It would create a federal law to require all 50 states to implement a Graduated Drivers License program, phasing in unlimited drivers licenses.

Having handled countless NY and PA car crash cases involving teen drivers, I know first-hand the dangers of teen drivers.

Teens are incredibly smart and many handle extensive responsibilities. The fact remains, however, that they are involved in a disproportionately high number of accidents. Inexperience and distractions play a role in many of those accidents. I strongly favor any new legislation which restricts dangerous teen driving.

Sen. Gillibrand’s office compiled the Sen. Gillibrand STAND UP Act Report, with statistics on teen drivers in New York state, county by county.

According to the report, in the Rochester-Finger Lakes Region, there are more than 20,000 16 and 17-year-old drivers.
The Evening Tribune in Hornell printed the story “Senator wants national standard for teen drivers” which included these details about the bill:

“The STAND UP act would set minimum requirements for states, including:

A three-stage licensing process, from learner’s permit to intermediate stage to full, non-restricted drivers license.
Prohibited night driving during the learner’s permit and intermediate stage.
Passenger restrictions during learner’s permit and intermediate stage; no more than one non-family member under 21 may travel with a learning teenage driver, unless a licensed driver over 21 is in the vehicle.
Prohibited non-emergency use of cell phones, including texting, during the learner’s permit and intermediate stages.
Learner’s permit to be issued at age 16 and non-restricted drivers license issued at age 18.
Other requirements set by Secretary of Transportation, including learner’s permit holding period and intermediate stage holding period at least six months; at least 30 hours of driving supervised by a licensed driver 21 years old or older; and automatic delay of full licensure if permit-holder commits an offense like speeding, driving without a seatbelt or DWI.”

Also according the the Tribune’s story, Sen. Gillibrand hopes that New York sets an example for other states. I agree that these restrictions on teen driving are a good idea for the safety of our kids.

Thanks for reading,

Jim

_________________________________________
James B. Reed, Esq.
Personal Injury & Malpractice Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel. (607) 733-8866 Fax. (607) 732-6062
Toll Free 1-800-943-3529
mailto:jreed@zifflaw.com http://www.zifflaw.com
E-mail me at FreeReports@zifflaw.com for two free books:
NY Car Accidents and NY Car Insurance Secrets YOU Need to Know.

Elmira Accident Attorney Warns: No Smart Phones in the Jury Room!

Posted on April 22, 2010 by Adam Gee

: Image via Wikipedia

The use of smart phones grows everyday. What used to be the size of a brick (with about the same reception) is now smaller than a wallet and capable of handling multiple e-mail accounts, surfing the web, performing google searches, browsing documents and even doing legal research. Through e-mail and mobile social networking sites like facebook and twitter – we can instantly have access to friends and relatives and their expertise. While that kind of power is a wonderful tool to have in everyday life, there is one place where instant access to information is banned: the jury room.

In the jury room, jurors are supposed the weight the evidence they hear from the witness stand, apply it to the law as relayed to them by the judge, and render a verdict. Outside information and influence is strictly prohibited. The courts have traditionally been very slow to respond the existence of new technology, but in recognition of the prevalence of smart phones and their instant access to information, the Courts have now amended their instruction to juries about discussing the case with others. That instruction is found in New York’s Pattern Jury Instructions at PJI 1.11 as follows:

PJI 1:11. Discussion With Others – Independent Research
In fairness to the parties to this lawsuit, it is very important that you keep an open mind
throughout the trial. Then, after you have heard both sides fully, you will reach your
verdict only on the evidence as it is presented to you in this courtroom, and only in this
courtroom, and then only after you have heard the summations of each of the attorneys
and my instructions to you on the law. You will then have an opportunity to exchange
views with each member of the jury during your deliberations to reach your verdict.
Please do not discuss this case either among yourselves or with anyone else during the
course of the trial. Do not do any independent research on any topic you might hear about
in the testimony or see in the exhibits, whether by consulting others, reading books or
magazines or conducting an internet search of any kind. All electronic devices including
any cell phones, Blackberries, iphones, laptops or any other personal electronic devices

must be turned off while you are in the courtroom and while you are deliberating after I

have given you the law applicable to this case. [In the event that the court requires the jurors to relinquish their devices, the charge should be modified to reflect the court’s practice]
It is important to remember that you may not use any internet services, such as Google,
Facebook, Twitter or any others to individually or collectively research topics concerning
the trial, which includes the law, information about any of the issues in contention, the
parties, the lawyers or the court. After you have rendered your verdict and have been
discharged, you will be free to do any research you choose, or to share your experiences,
either directly, or through your favorite electronic means.
For now, be careful to remember these rules whenever you use a computer or other
personal electronic device during the time you are serving as a juror but you are not in the
courtroom.
While this instruction may seem unduly restrictive, it is vital that you carefully follow these
directions.

So – if you are called to serve on a jury, please be ready to heed the judge’s instructions. Failure to do so will result in you being removed from the jury, and may require a mistrial, which means the lawyers would be required to re-try the case. Also, don’t be surprised if the judge asks you to surrender your smart phone!

Thanks for reading,
_______________________________

Adam M. Gee, Esq.

NY and PA Injury Attorney

The Ziff Law Firm, LLP
303 William Street
Elmira, NY 14901
Phone: (607)733-8866
Fax: (607)732-6062
Email: agee@zifflaw.com
www.zifflaw.com

New York Accident Lawyer Explains Why Pursuing a Big Judgment May NOT Be a Good Idea

Posted on April 15, 2010 by Jim Reed

You would think if you are badly hurt in a car accident, it would make sense for you to pursue a BIG judgment against the driver who hit you, right? Not necessarily…

A recent dialogue with a client got me thinking about how backwards it may seem to folks when I tell them that I cannot recommend taking their case to trial because they may be better off taking the insurance money – even if that insurance money clearly is not sufficient to fully compensate them for their injuries.

Heck, if the insurance money isn’t enough, why wouldn’t you want to get a judgment against the bad guy and then collect the money directly from the bad guy?

The short answer is that sometimes judgments aren’t worth the paper they are written on. You have heard the expression “You can’t get blood from a stone?” Likewise, you can’t collect on a judgment unless the person against whom you have the judgment has some money or other assets subject to collection. The plain hard truth is that most often when a person does not have good insurance coverage, they also don’t have any real $ to collect against.

First, collection may be difficult/impossible because of the lack of assets. You may think, why not get a judgment anyways? What if the person who didn’t have the assets to settle a judgment suddenly hit the lottery or came in to a lot of money? Well, first we would have to know about his windfall – and he’s not going to make that easy. Then he’d have to be dumb enough to put it in a bank where we could reach the money – THEN we might be able to collect on the judgment.

However, collecting on a judgment is very tough and there are plenty of ways for a debtor to hide or shelter money from collection. In fact, I have a judgment for $400,000 I obtained 8 years ago and I have spent close to $30,000 on collection lawyers and we have yet to receive a single penny. For all of these reasons, pursuing a judgment doesn’t turn out to be the solution one would think…

Second – and this is related to the first point – we don’t get a penny of the money from the car insurance carrier unless we sign a Release releasing the driver from any personal liability. In other words, we are over a barrel – if we want the insurance $, we have to let the driver go. I know the insurance payment is only $25,000, but $25,000 is better than a possible zero.

Now, don’t get me wrong – the insurance will pay $25,000 toward the judgment, but that is all they would be required to pay. So that leads us to the third point…

Third, it costs money to pursue a judgment because to do so we have to go to trial and the average cost of a trial like this would be approximately $8,000-$10,000. This is just for costs (i.e. doctor’s testimony, court costs, transcription fees, etc.) and doesn’t include a penny of my fee. I hate the idea of eating up that much in costs when the maximum insurance coverage is only $25,000.

For all these reasons, I think pursuing a judgment is not always a good idea. Ultimately, however, it is the client’s decision and I will pursue whatever course he prefers. I just help him make an informed decision.

I hope this clarifies this issue for my blog readers. Please, if you have questions about this topic, don’t hesitate to call or e-mail me for more information.

Thanks,

Jim
_________________________________

James B. Reed
NY & PA Injury & Malpractice Lawyer
Ziff Law Firm, LLP
Mailto: jreed@zifflaw.com
Office: (607)733-8866
Toll-Free: 800-ZIFFLAW (943-3529)
Web: www.zifflaw.com
Blogs: NYInjuryLawBlog.com and
NYBikeAccidentBlog.com

5 Important Signs That a Debt Collector Has Gone Too Far

Posted on April 14, 2010 by Jim Reed

My colleague Matt Hughson, a bankruptcy and real estate attorney with the Ziff Law Firm, recently posted a guest posts on his blog, the NY Bankruptcy Law Blog, by Sergei Lemberg, a Stamford, Connecticut, attorney and consumer advocate.

I wanted to share Sergei’s post on the NY Injury Law Blog as well, because although it may seem to be off-topic, dealing with medical debt is a serious problem for many of injury victims. They may be facing huge hospital bills at the same time they are unable to work because of an accident.

Sergei is best known for helping his clients get fair and just treatment from debt collectors and for protecting the rights of his clients under the Lemon Law. Here’s Sergei’s take on debt collection and how you can get relief from hounding by collectors:

“Debt collection calls usually make people mad, frustrated, and sometimes even hopeless. Debt collection agencies are known for socking it to people when they’re down, and will use any number of tactics to take advantage of vulnerabilities in an attempt to get people to pay.

Most people don’t know that there is a very strict federal law that regulates what collectors can and cannot do when they’re attempting to collect a debt. It’s called the Fair Debt Collection Practices Act. If a debt collection agency violates the FDCPA, it can be sued in federal court. You, as a consumer, can receive up to $1,000, any actual damages, and payment of your attorney fees.

But how do you know when a debt collector crosses the line?

Here are the TOP FIVE five transgressions that Debt Collectors TRY to GET AWAY WITH:

1. Embarrassing you. Embarrassment can take a number of forms, but the FDCPA is very clear that shaming you is against the law. For example, it’s illegal for a debt collector to send you a postcard in the mail, or an envelope with writing on the outside that indicates the letter is an attempt to collect a debt. Similarly, an agency can’t publish your name or tell others that you owe money.

2. Sending fake documentation. Debt collection agencies often send mailings that look as though they’re official court or government documents. This is against the law. This is a favorite tactic because unsuspecting consumers often respond to what they perceive as official mail.

3. Calling you at all hours of the day and night. The FDCPA says a debt collector can’t call you early in the morning, late at night, or at work – unless you’ve indicated that you’d like to be called at those times. In addition, debt collection agencies can’t repeatedly call and hang up, or call to the point of harassment.

4. Charging you more than you owe. Third party debt collectors will often try to get every penny they can, and will try to tack on a “collection fee” or extra interest charge. This is illegal.

5. Misusing postdated checks. In an attempt to make the harassment stop, consumers will often send a debt collection agency a series of postdated checks. All too often, the collector will deposit those checks early, leading the consumer into even more hot water as he or she racks up bank overdraft charges. The FDCPA prohibits this practice, and requires that debt collectors send you written notice of their intent to deposit your check.

Difficult to believe that people in business – even the business of collecting debts – try to get away with these tactics. Unfortunately, if you don’t know your legal rights, that’s just what they’ll do: Get away with it.

Check out Sergei’s Web site, StopCollector.com, for more information about your rights if you’re in debt.

Thanks for reading,

Jim
_________________________________________
James B. Reed, Esq.
Personal Injury & Malpractice Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel. (607) 733-8866 Fax. (607) 732-6062
Toll Free 1-800-943-3529
mailto:jreed@zifflaw.com http://www.zifflaw.com

E-mail me at FreeReports@zifflaw.com for two free books:
NY Car Accidents and NY Car Insurance Secrets YOU Need to Know.

A Look Back at a Year of Honoring Veterans: ZiffLaw Promotion Concludes with Jackals’ Hockey Season

Posted on April 12, 2010 by Jim Reed

Now that the Jackals regular season has drawn to an end, our ZiffLaw Veteran of the Game promotion must also sadly draw to its conclusion.

We want to thank the many veterans, and their proud families and friends, who participated in this promotion. I can’t tell you how nice it was to meet these veterans and hear their wonderful stories.

I know it sounds clichéd but it made me very proud to be an American! Below are the photos and stories of the veterans we were proud to honor:

Matt Fogarty (with Attorney Christina Bruner Sonsire)

A lifelong resident of Elmira, a 1994 Graduate of Notre Dame and having obtained his MBA from Kutztown, Matt is a member of the 56th Stryker Brigade/ 19D Cavalry Scout. His tours include Iraq where he was involved in Operation Iraqi Freedom.

Brett York (right, with Attorney Adam Gee)

Brett, a lifelong resident of Elmira, New York and a 1998 graduate of Elmira Southside served in the US Army from 2003-2006. His tours include Korea and Iraq.

John Canestaro – John, an Elmira resident served in the US Army for 20 years at the rank of Sgt. First Class. He served in the 82nd Airborne Division, the 4th Infantry Division, the 25th Infantry Division and the 101st Airborne Division. In 2005, he retired after 20 years of active duty and is a Disabled American Veteran. Today, John serves as a Veterans’ Counsel with the New York State Division of Veterans Affairs.

Heather Klose Capra (with Attorney Jim Reed)

Heather was an Air Force Medic and promoted to Sgt. 1 year out of basic training. She served as a medic during her military career serving at the Kandahar, Afghanistan Hospital where she was a leader on a team of multinational medics providing daily care for the wounded. Heather is a life-long resident of Elmira where she resides with her husband Eric, an Air Force Veteran having served in Kosovo.

Beau Simpson (with Attorney Jim Reed)

A lifelong resident of Chemung County, Beau was home on leave in December from Kabul Afghanistan and able to attend a Jackals game. Beau is an Engineer running convoy and building airstrips in Afghanistan.

Richard Reynolds – Richard, a resident of Elmira Heights, served active duty in the US Navy from 1975-1979. His tours included 2 years in Holy Loch, Scotland and a 6-month Mediterranean tour sailing aboard the USS Holland servicing Subron #13 and Poseidon Class Subs. His second ship tour was on the USS Shenandoah where he served in the weld shop repairing high-pressure steam and fuel lines.

Bob Bly (with Attorney Christina Bruner Sonsire)

Bob, a Horseheads native, served in the US Air Force from 1969-73 as an Avionics Technician working on F4 Phantom Jets. He spent 3 years in England during his enlistment. He continues his military career as a Veterans Benefits Advisor, which he has done for the past 20 years. He graduated from Edison High in 1969 and St. John Fisher College in 1980.

Alan Cecce (with Attorney Adam Gee)

A native of Elmira, Alan was active in the US Navy from 1980 through 1996. During his military career he attended school in FL and MD. He was stationed in Okinawa, Japan, CA, AK, Scotland and TX. Alan resides in Elmira with his family.

Nick Becker – A lifelong resident of Chemung County and a 1996 graduate of Southside High School with early enlistment in the Army National Guard where he served until 2006. Nick served 2 tours in Germany, 1 in Honduras and a 14 month tour in Afghanistan. Nick has also been involved in numerous State activations such as New York City after 911, the Buffalo Ice Storm, the Ice Storm of 1998 and Subway Security in 2002.

Walter Baroody – Walter, a Bath, New York resident served in the US Army from 1972-1975 as an E-5 Specialist and Medic at the Walmac Army Hospital in NC. He was then transferred to Germany where he served for 2 years as a medic in the pediatric clinic of the hospital. Once returning home, he began work at the Bath National Cemetery, having worked through the ranks, he is now the Director of the Bath and Woodlawn National Cemetery’s. Walter has devoted 39 years of dedicated service to our government.

Bradley Hill (shown with Annette Viselli Thorne)

Bradley is a life long resident of Elmira having graduated from EFA. He was a Marine from 2003-2005. While serving, Bradley was a member of Convoy Security and did a tour in Iraq in 2005.

Kim Eveland (shown with Attorney Christina Bruner Sonsire)

Kim, an Elmira resident enlisted in the US Army Reserves just prior to graduation leaving for boot camp on her 18th birthday where she served from 1989 through 1997 as a Sgt. During her enlistment, she was activated for the Gulf War and served nobly stateside. Today, Kim lives in Elmira where she is an account manager at Perry & Carroll. She continues to give back to her community by being an advocate for those less fortunate.

Mark Frampton (shown with Attorney Adam Gee)

Col. Frampton, a lifelong resident of Elmira entered the US Marines in 1979 commissioned as a 2nd Lt. He was further promoted to Major in 93’; Lt. Col. In 97’ and Colonel in 03’. Col Frampton served as a construction/engineering consultant; asst. deputy director for strategic training team, base commander, and President of two separate promotion boards.

Col. Frampton has served in Okinawa, Parris Island, Camp LeJeune, Desert Storm where his company captured and processed over 800 enemy POW’s without incident, Quantico and Iraq. For his efforts in Iraq, he was awarded the Navy and Marine Corp Commendation Medal. Col. Frampton recently spent the past 5 months on Active Duty at Quantico, reprising his roles as a construction/engineering consultant. He officially retired on January 1, 2010 after 30 years of service. Col. Frampton returned to his hometown with his wife and 3 children to operate Frampton Construction while pursuing the ownership and construction of a sports dome in the greater Elmira area.

Bill Pint (shown with Attorney Jim Reed)

Bill, a resident of Horseheads, New York served in the US Navy from 1960-66 as an Airman/Plane Captain servicing airplanes during the Cuban Crisis and Vietnam Era. In 1980, he re-entered the military in the Army Reserves where he served until 1994. While in the reserves, he was a Drill Sgt. Serving active duty in Desert Shield/Desert Storm in 1991 and training troops at Ft. Wood for deployment to Saudi Arabia.

Jessica Plummer and Attorney Jim Reed

Jessica, an Elmira native is a Cadet Captain and currently serves alongside the US Air Force as a member of the Civil Air Patrol who assists with all needs of the Air Force. The Civil Air Patrol is recognized throughout the US and currently has more than 50 wings. In January 2009, Jessica was involved in the recovery of the plan disaster on the Hudson River. Jessica is very proud to be a member of the Civil Air Patrol and serving her country.

Carlyle Sherman and Annette Viselli Thorne

A Valley native, Carlyle served in the US Army from 1960 through 1962 at the rank of a Tech 4 and as a demolition specialist. Lyle served state side training soldiers for various tours of duty.

Dave Hansen and Attorney Jim Reed

Dave served in the US Air Force at the rank of Airman E-4. He was stationed at George Air Force Base in CA and served as an Aerospace Ground Equipment Mechanic repairing all aircraft support equipment. Dave’s tours of duty include Desert Storm from August 1990 through June 1991. Dave owns Dave Hansen Plumbing, Elmira.

Darryl Mickley and Attorney Adam Gee

Darryl served in the US Army from 1981 through 1991 as a Sgt. From 1981-83 he served with Combat Support Company 3rd Battalion 6th Infantry in Berlin West Germany; from 1983-86 he served with Combat Support Company 1st Battalion 58th Infantry at Ft. Benning, GA; from 1986-1989 he served with Headquarters in West Germany; from 1989-1991 he served with Alpha Battery 21st Field Artillery in Ft. Hood, Texas; in 1990 he was deployed to Saudi Arabia for Desert Shield and in 1991 he participated in Desert Storm with the liberation of Kuwait. A decorated Veteran, Darryl has been honored with many awards including Army Commendation Medal, Good Conduct Medal and Expert infantrymen’s Badge.

Andrew Hamilton and Attorney Adam Gee

Andrew entered the US Army in August, 1993. He served in the 1st Armored Division in Germany. He was deployed to Bosnia with NATO forces for 1 yr. in support of Operation Joint Endeavor. In 1998 Andrew left active duty for National Guard service in NY. On 9/12/01 he was deployed to NYC to support recovery in the grim aftermath of the attack on the Twin Towers. In 2003, he was deployed to Iraq with the 1st Infantry Division for 1 year in support of Operation Iraqi Freedom. Andrew is now teaching English at Corning West High School

Andy Gessick

Andy, a 20-year Veteran served as a Tech Sgt. For the United States Air Force with duties in Jordan, Spain and Germany. While stationed at Shaw Air Force Base, SC with the 363 Tac Fighter Wing, the Fighting Falcons, he participated in Operation Desert Shield/Desert Storm as a Weapons Loading Crew Chief supervising the loading of bombs and missiles on F-16 Fighter Aircraft. For this action, Andy was awarded the Air Force Meritorious Serve Medal, South East Asia Service Medal with 2 Bronze Stars and the Kuwait Liberation Medal for this action.

Thomas Walker

Thomas completed a 20-year career with the US Navy in 2006 serving as a Navy Counselor First Class. Since his retirement, he has become the Veterans Education Benefits Assistant at Mansfield University as well as a student there attending graduate school in the Masters of Arts in Organizational Leadership Program.

George Collins – George joined the Army National Guard in 199 and was trained as a tank mechanic. He has served with Charlie Company 3rd of the 103rd Armor Regiment since his entrance. In January, 2005, George was activated and spent six months in combat training at Camp Shelby, Mississippi. He was then deployed to Iraq where he spent 1 year attached to the 1st of the 100th Headquarters Company where he continued as a tank mechanic. George is still active in the Army National Guard and he resides in PA with his wife and two daughters.

Andy McMinds

Having just completed his military career on March 1st, 2010, Andy was a Petty Officer 2nd class in the United States Navy. During his enlistment, Andy served as an Intelligence Specialist for Naval Criminal Investigations Service. His tours of duty included South Korea, Japan, Hong Kong and Headquarters NCIS in Washington, DC. Andy was awarded numerous awards and medals to include the Surface Warfare insignia and the Meritorious Unit Accommodation

DeeJay Swain – A 2001 graduate of Elkland High School, he joined the Marine Corp Reserves in 2002 and served through 2006. In 2006 he joined the PA Army National Guard. During his military career his tours included Africa in 2005 for Anti-Terrorism/Force Protection where he guarded Camp Lemonier and conducted Force Protection where he guarded Camp Lemonier and conducted anti- terrorism missions. In 2007 while with the Guard, he was deployed to Afghanistan with Provincial Reconstruction Team where he assisted the local government with humanitarian aid missions. He now resides in PA with his wife and two children.

Ryan Rice

Ryan enlisted in the US Navy in 2004 participating in the DEP Recruit Program his senior year in high school. He left for boot camp in July, 2005 and from there was stationed in Pensacola and Keesler Air Force Base where he assisted in the clean up and rebuilding after Hurricane Katrina. Ryan achieved the Rank of Petty Officer Third Class during his 4 year enlistment.

Jeffrey Beck

Staff Sgt. Beck enlisted in the US Army in 1989 as an M-1 Tank Crewman. He served 4 years active duty with tours in KY, Korea and TX. In 1994, Jeffrey re-enlisted into the PA Army National Guard with Charlie Company, 3rd Battalion 103 Armored Regiment. In 2002, he was deployed to Germany in support of Operation Enduring Freedom and in 2005 to Iraq in support of Operation Iraqi Freedom. He is currently the fill-time training NCO for Charlie Company with a total of 19 years of military service.

George Campbell (with Jim Reed)

George graduated from Spencer High School in 1993 and joined the Army in 1994. He graduated from Basic training with a specialty training as an Apache Attack helicopter crew chief. George was stationed in such places as Korea, Germany, Colorado Springs. He was deployed to Bosnia in 2000 on a peace-keeping mission and to Iraq on 2 separate deployments for a total of 2 years and was involved in Operation Iraqi Freedom. George resides locally with his family and is employed at Schweitzer Aircraft.

Thanks for reading,

Jim
_________________________________________

James B. Reed, Esq.
Personal Injury & Malpractice Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel. (607) 733-8866 Fax. (607) 732-6062
Toll Free 1-800-943-3529
mailto:jreed@zifflaw.com http://www.zifflaw.com
E-mail me at FreeReports@zifflaw.com for two free books:
NY Car Accidents and NY Car Insurance Secrets YOU Need to Know.

Record Upstate NY Settlement in Albany Medical Malpractice Case

Posted on April 9, 2010 by Jim Reed

Albany Medical Center Hospital

I wanted to offer my congratulations to attorney John Powers for a record settlement in a tragic medical malpractice case. John is an excellent Albany attorney with whom I have had the pleasure of working on several cases.

The Albany Times-Union carried the story, “$5.2 M benefit can’t heal loss.” John handled the case for the family of Diane Rizk McCabe. Diane died in 2007, at age 32. The Caesarean delivery of her second child was not handled correctly. Diane slowly bled to death over 15 hours. Albany Medical Center Hospital will pay the cash settlement for malpractice and mandated changes in procedure.

The McCabe family took a settlement, but John was able to bring this case to an unusual conclusion. The monetary settlement is substantial, but what this family truly wanted two things: To make Diane a remembered presence to her two children and to force the hospital to make changes that would prevent this kind of loss from happening to any other families.

John represented Joseph McCabe, Diane’s widowed husband and a Schenectady police officer. In the Times-Union story, John says he was ready to take the case to trial in August.

“It was never about the money with the family,” John was quoted as saying. “It came down to the non-monetary aspects involved with the settlement. They wanted to do something to make certain this doesn’t happen to someone else and to create a memorial to Diane for the children as they grow up that they’ll know that their mother is being remembered in this way.”

If the McCabe family had pursued the trail, they couldn’t have won those very important non-monetary stipulations. The Albany Medical Center Hospital must fund for the next 20 years a Diane McCabe Memorial Quality Lecture series focusing on topics related to enhancing patient safety.

The hospital must also buy a maternal and neonatal simulator for staff training and to change monitoring procedures for women during childbirth.

I just want to congratulate John for being able to bring such a tragic case to a resolution that really means something to the McCabe family. He’s also a past president of the New York State Academy of Trial Lawyers. The organization sent an e-mail to members with an announcement of this extraordinary settlement.

Thanks for reading,
Jim
_________________________________________
James B. Reed, Esq.
Personal Injury & Malpractice Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel. (607) 733-8866 Fax. (607) 732-6062
Toll Free 1-800-943-3529
mailto:jreed@zifflaw.com http://www.zifflaw.com

E-mail me at FreeReports@zifflaw.com for two free books:
NY Car Accidents and NY Car Insurance Secrets YOU Need to Know.

Elmira Motorcycle Lawyer Announces New Community for Bikers!

Posted on April 1, 2010 by Adam Gee

Are you a biker or thinking of becoming one? Interested in conversing with other bikers, learning about group rides, sharing pictures and stories, or looking to give or get advice on a mechanical issue? Well, you are in luck!

There is a new resource for bikers in the Twin Tiers which is much more personal and specific than any nationwide website could hope to be. 607 Riders Forum is a relatively new website dedicated to the two wheel (and even three wheelers and quads) lifestyle. I recently became a member, and was warmly welcomed by the members of the site. Over the last week, I have perused the site to see what it offers, and was impressed by the breadth of knowledge in the mechanical sections of the site. The members are diverse; young and old, experienced, new to biking, or still looking to get their first bike. What struck me the most, though, was how friendly everyone seems to be. There are even sections for off road enthusiasts and stunt bikes! All in all, in seems like a great site!

So, as you gear up for the riding season, feel free to take a look at 607 Riders Forum. You may just make some new friends, and find out they are riding through your neighborhood soon.

Ride safe everyone!

Thanks for reading,
_______________________________

Adam M. Gee, Esq.

NY and PA Motorcycle Attorney

The Ziff Law Firm, LLP
303 William Street
Elmira, NY 14901
Phone: (607)733-8866
Fax: (607)732-6062
Email: agee@zifflaw.com
www.zifflaw.com