Central New York Injury Lawyer Blog

Drunken Student’s Dash Into The Gorge Will Go To Trial

September 2, 2013 | by Michael Bersani

I came across an article recently in the New York Law Journal titled “Drunken Run Could Leave Cornell Liable for Fatal Fall”. It’s about a case judge Ramsey (Ithaca, Tompkins County) recently decided where a drunken, and possibly stoned, Cornell University student suddenly bolted from the friends he was walking with on campus, ran down a marked hiking trail, departed from the trail, ran through the woods, hurdled a split-rail fence, and plunged to his death into the 200-foot gorge below. (The trail is appropriately named “Fall Creek Gorge trail”.)

Cornell moved for summary judgment (to have the case dismissed) based in part on New York’s General Obligations Law §9-103, which says landowners who allow the public to use their property for recreational purposes without charge are generally immune from liability. This law was enacted years ago to encourage landowners to open their fields and woods to hikers, bikers, hunters and others.

Judge Ramsey denied the motion and allowed the case to go to trial. The Judge reasoned that General Obligations Law § 9-103 grants immunity only for recreational activities, such as hiking, and here the kid was not “hiking”. The judge relied on a definition of “hiking” in the Department of Environmental Conservation’s regulations, which says hiking is “walking through trees for pleasure or exercise”. Here the kid was not “walking for pleasure”, the judge said, but rather running wildly through the woods in the middle of the night for unknown reasons.

Judge Admits He Is Wrong!

August 31, 2013 | by Michael Bersani

Judges, like most people, have a hard time admitting they’re wrong. Well, maybe even a harder time than most people. That black robe is an ego-inflater. A lowly lawyer gets elected, dons the robe and — voila! — he is suddenly addressed as “your honor”. People stand up when he walks into a room. You get the picture.

That’s why an article in the New York Law Journal — titled “Judge Admits Mistake and Slashes Damages” caught my eye. The article is about a judge who admitted he was wrong without having to be told so by an appellate court. He said his original decision – which awarded $1 million to the children of a deceased medical malpractice victim as compensation for their lost future financial support and parental guidance – was “misinformed”, and then slashed the award down to $150,000.

Ouch kids!

No Tort Law = Sidewalk Hell (CNY Injury Lawyer Explains . . .)

August 27, 2013 | by Michael Bersani

——————– As my regular readers know, I was in Guatemala for the last few days taking deposition testimony. Why so far away to take testimony? I blogged about that here.

I love Guatemala. Beautiful country, weather and people. But some things are definitely better in the U.S. For example, the sidewalks in Guatemala City are treacherous. How treacherous? Take a look at these photos I took all within a few blocks of my hotel. And that’s the best section of Guatemala City!

Traveling to a country like Guatemala makes me appreciate U.S. “tort laws”, that is, the laws that allow us to sue for money damages if we are injured. These laws are necessary to keep us safe. If the laws are stripped from the books (as “tort reformers” would have it), there is no financial incentive for companies and others to keep things safe.

CNY Injury Lawyer Posts From Guatemala . . .

August 23, 2013 | by Michael Bersani

I’m posting this blog from my hotel here in Guatemala City where I am hanging out with my two clients, Hugo and Lucio, shown in the photo with me. You guessed it, I’m the tall one.

I already blogged about why this Central NY injury lawyer had to come all the way to Guatemala to take their testimony. Today’s blog is about how much I admire these guys. Why? They are outstanding fathers.

Several years ago they realized the three dollars a day they were earning working the corn fields in their pueblo wasn’t ever going to fill the hungry little mouths at home. So they did something about it. They “went north”, as they call the trek to the United States around here.

Central NY Injury Lawyer Invited to Speak to NY Judges about His Recent Article

August 18, 2013 | by Michael Bersani

This Auburn New York personal injury lawyer has a new feather in his cap. I have been invited to speak at a state-wide meeting of New York Court of Claims judges in Cooperstown, NY on September 26. It appears that several judges read my recent article, which recently appeared in the New York Bar Law Journal, on the topic of “governmental immunity”, and want to hear me talk on the subject.

Governmental immunity is hot button topic for New York personal injury lawyers and judges. The “governmental immunity defense” can be raised by any governmental agency that is sued for personal injuries, including the State.

The Court of Appeals (New York’s highest Court) has recently come down with a series of rulings that tilts the playing field of this defense in favor of the government at the expense of victims of the government’s negligence. (That’s what I wrote about). Since Court of Claims judges preside over all personal injury claims brought against the State of New York, it is easy to see why the judges want to hear from me.

“Beam Me Up Scotty” — Central NY Injury Lawyer Discusses Courtrooms of the Future

August 17, 2013 | by Michael Bersani

Next Tuesday I’ll be jumping on a plane to Central America. But I won’t be on vacation. I’ll be representing my Guatemalan clients as they get deposed, remotely, by video, from Syracuse, NY. There’ll be an interpreter with us.

How did I end up in Guatemala on a case? That story made the front page of the New York Law Journal and the Syracuse Post Standard. I blogged about that here.

Technology has changed every aspect of law practice. A few decades ago, what is about to transpire would have been impossible. Your Central NY injury lawyer will be sitting next to his clients in Guatemala City while insurance defense lawyers in Syracuse New York ask them questions by video. We will see those lawyers on the screen, and they will see my clients. They will be face to face. It’s kind of like Star Trek. “Beam me up, Scotty”! The video of my clients will later be presented to the jury.

There’s Something About Mary . . .

July 31, 2013 | by Michael Bersani

I recently blogged about our paralegal Ellen Williams’ retirement after twenty eight years of outstanding service. Although Ellen is, in our view, irreplaceable, we nevertheless did our best in trying to replace her.

We believe we hit the mark with Mary Jones. In the photograph above she is at the Zonta Club of Auburn Women’s Golf Tournament (which this law firm sponsored).

Mary comes to us with a long history in the “justice business”. She was a paralegal in real estate law for seven years, in bankruptcy law for 5 years, and at the Cayuga County District Attorney’s Office for twelve years. She was also clerk for the Cayuga County Legislature for five years.

Michaels Bersani Kalabanka Honors “Hometown Heroes” All Summer Long At Auburn Doubledays’ Home Games

July 29, 2013 | by Michael Bersani

Giving back to those who make Cayuga County strong is a priority for the Auburn New York personal injury lawyers at Michaels Bersani Kalabanka. That’s why Michaels Bersani Kalabanka is honoring United Way of Cayuga County volunteers as “hometown heroes” at all Auburn Doubledays home games this summer.

How does this Michaels Bersani Kalabanka charitable program work? We asked the United Way of Cayuga County to nominate volunteer “heroes”. They chose dozens of volunteers who work with their 23 partner agencies and 41 programs throughout Cayuga County. At each home game, one United Way volunteer is publicly recognized and honored as a “hometown hero” and receives six game tickets and food vouchers for his or her family and friends. A different volunteer is honored at each home game, with a total of 38 volunteers honored. Michaels Bersani Kalabanka funds the program, including the free tickets and food for the “hometown heroes”.

What’s really cool about this program is how it recognizes that volunteering is not just an individual effort, but a family, community one. If family and friends aren’t right next to the volunteers while they are giving of their time and talents, then they are often helping them balance things at home and work so that they can volunteer. That’s why we at Michaels Bersani Kalabanka are treating not only the volunteers, but their family and friends as well. We are proud to “take them out to the ballgame”!

Why Life In The Country Is More Dangerous Than In The City: Central NY Injury Lawyer Explains

July 28, 2013 | by Michael Bersani

Some things we think we know, even things we feel certain are true, turn out not to be, on closer examination, false. I have come across a recent example of this. I do not believe I have been alone in having assumed, all my life, that it is safer to live in the country than in a big city. Haven’t you, too, always assumed life up here in peaceful Central New York is safer than in those dangerous big cities like New York?

Well, your assumption (and mine) was wrong! A recent study shows that cities are in fact safer than the country. If you think about it, I’ll bet you can guess why. Here’s a hint: It has to do mostly with cars and guns.

Give up?

The Travon Martin Effect In Central New York Personal Injury Cases

July 20, 2013 | by Michael Bersani

The jury probably did the right thing in the George Zimmerman case. Given the absence of good evidence about what happened between him and Travon Martin during those last five minutes, the defense established reasonable doubt about whether a crime, under Florida law, had been committed.

That doesn’t mean Mr. Zimmerman is innocent (just not guilty “beyond a reasonable doubt”) and it doesn’t mean he was right for tailing a young man simply because he was black.

But what does this have to do with my Central New York personal injury cases? A lot, actually. Every time we represent an African American in a Central New York courtroom, we have to wonder — will the jury treat him or her fairly? Will the jury harbor prejudices?