Law Offices of Jonathan M. Cooper

School Bullying Concerns Not Limited to New York
Dec 29, 2011
Apparently, concerns about school negligence (and bullying) aren't limited to New York. In an article that appeared in the December 26 edition of the Korea Herald, it was noted that Korea's schools have recently seen a spate of suicides by students that had been victims of school bullying.
And, despite an apparent lengthy history of bullying, it appears that the schools had no clue (or possibly interest) in the bullying. As a result, the schools are now trying to weather a flurry of criticism.
2 Year-Old Child Dies After School Bookshelf Falls on Her Head
Aug 14, 2010
Yesterday, it was reported that as a 2-year-old girl was trying to climb a bookcase at her Raleigh, North Carolina daycare facility, one of the shelves gave way and fell on her head. Tragically, she later died from her head injuries.
Mother Sues For School's Negligence in Causing Son's Death
Jun 27, 2010
Recently, and in the aftermath of the demise of her 13 year-old son at a middle school basketball game, a mother has sued Blount County Schools and the Maryville-Alcoa-Blount County Parks & Recreation Commission for the school's negligence in connection with his death, which was attributed to cardiac arrhythmia.

The basis of her claim is that the school was in violation of two state laws regarding automated external defibrillators (AED), which although required, were inaccessible during the emergency. According to the mother, her son's death would likely have been prevented had the device been accessible and timely used.
6 Month-Old Baby Killed By Falling Branch at NY's Central Park Zoo
Jun 27, 2010
In a tragic incident that occurred yesterday just outside the Central Park Zoo, a six-month old infant was killed when a large tree branch fell on her mother - who was holding her - and her.

Apparently, the mother is still in critical condition.

According to the New York City Parks Department, since the tree was located within the zoo limits, it is supposed to be maintained by the Wildlife Conservation Society, which runs the zoo.

Although you might be tempted to think that WCS is automatically liable for this incident under New York law, the truth is that liability is far from certain; like in a trip and fall case, a court may well find that the plaintiff may have to prove that WCS either knew, or should have known, that this branch was a danger, yet failed to remedy it in a timely fashion, which in legalese is referred to as "notice."

Construction Site Accidents

Two Construction Workers Dead After Falling 5 Stories at Manhattan Worksite
Feb 08, 2011

In a tragic construction site accident, earlier this morning, two construction site workers died after falling 5 stories while working at the Redeemer Presbyterian Church, which was located on Manhattan's Upper West Side at 150 West 83rd Street. Although New York City's Department of Buildings has opened a complaint file in response to this incident, no criminal charges have been filed - yet.
Queens Scaffold Collapse Leaves One Construction Worker Dead, 3 Injured
Jan 11, 2011
Yesterday morning, one construction worker was left dead, and 3 others were seriously injured when scaffolding fell over onto a cinder block wall, which, in domino-like fashion, caused the wall to fall over onto the workers that were in the middle of erecting it along Queens Boulevard in the Elmhurst section of Queens.

New York's Labor laws were enacted in order to prevent construction accidents like this.
$18.5 Mil. Awarded to 3 Construction Workers Hurt in Scaffold Collapse
Aug 27, 2010
Recently, a New Jersey jury awarded nearly $19 million to three different construction workers that suffered severe worksite-related injuries when the scaffolding that was perched above them collapsed, causing one plaintiff to sustain comminuted fractures of his right leg that required 3 corrective surgeries, a second plaintiff to sustain fractures to his jaw, eye sockets and nose, as well as herniated discs in his lower back, and a crush injury to his foot, and the third plaintiff to fracture several vertebrae in his back, as well as fractures to the right ankle and leg.
Bronx Construction Worker Injured Under Scaffold Awarded $12.5 Million
Jul 12, 2010
Recently, a Bronx jury awarded more than $12,000,000 to a construction worker who sustained a badly herniated disc in his back when a heavy frame fell onto him from a scaffold beneath which he was cleaning. At the time of the construction accident, the scaffolding was in the process of being disassembled. Although the defense attorneys in the case argued that the plaintiff's herniated disc was not caused by this accident, but rather was the product of a pre-existing condition, the jury disagreed.
NY Appeal Court Allows Worker Injured By Mobile Crane to Pursue Claim
Jul 07, 2010

In McCoy v. Metropolitan Transp. Auth., a decision that was handed down on July 1, New York's Appellate Division, First Department (which covers New York's Bronx and Manhattan courts) affirmed the trial court's decision that denied the defendants' motion to dismiss a worker's claim that he was injured while working at a construction site. More particularly, the plaintiff claimed that he was injured while using a "mobile crane" as defined by Industrial Code, 12 NYCRR 23-8.2, and therefore, the defendants should be held liable for his injuries pursuant to New York Labor Law § 241(6) based upon their failure to provide proper safety equipment at a worksite. In affirming the trial court's decision denying the defendants' motion, the appellate court held that the trial court properly found that the evidence adduced in the lower court confirmed that the machinery in question qualified as a "mobile crane" for purposes of the statute.
NYC Crane Collapse Case Set For Trial on June 21
Jun 15, 2010
Jury selection in the criminal case against rigging contractor William Rapetti stemming from the crane collapse that occurred in Manhattan near the United Nations back in March of 2008 is set to begin next week, on June 21. In essence, several investigations concluded that Rapetti did a poor job of assuring the rig was properly secured and anchored, which led to the crane's collapse.