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Law Offices of Jonathan M. Cooper

New York Noncompete, Trade Secret & School Negligence Blog

This blog by the six-time published author Jonathan Cooper, is intended to educate the general public about issues of interest, particularly innovations and changes in the law, in the areas of non-compete agreements, breach of contract matters, school negligence (and/or negligent supervision), construction accidentsslip and/or trip and fall accidentsauto accidents, and, of course, defective or dangerous products

For additional information on any of these topics, readers are encouraged to download these FREE e-books:

 


8/5/2010
Jonathan Cooper
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How I Helped a Child Settle His NY School Negligence Case - And Got a Hug

Long Island, New York car accident, personal injury and child injury attorney Jonathan Cooper discusses how he was able to help one child achieve a settlement that made him so happy that he gave Mr. Cooper a hug on the courthouse steps. For additional information on what to expect in a car accident case under New York law, please download Jonathan Cooper's Free book on New York accident cases entitled "Why Most Accident Victims Do Not Recover the Full Value of Their Claim" from www.TheNewYorkAccidentBook.com.

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1/1/2010
Jonathan Cooper
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Don't Drink ... and Walk, Study Says

Discussing a study that recently appeared in the New York Times, Long Island, New York personal injury attorney Jonathan Cooper notes that intoxication is not a hazard that is limited to driving and auto accidents; in certain circumstances it is also applicable to pedestrians. For additional information on accident cases generally, and the mistakes to avoid in order to protect your claim, please download a copy of Jonathan Cooper's Free eBook entitled "Why Most Accident Victims Do Not Recover the Full Value of Their Claims" from www.JonathanCooperLaw.com. or www.TheNewYorkAccidentBook.com.

Category: Keyword Search: long island auto accident attorney

12/16/2009
Jonathan Cooper
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Why It's So Important To Investigate Your Child's Negligence Claim BEFORE You File Suit in NY

In this article, Long Island, New York child injury attorney Jonathan Cooper uses a recent decision from a Queens County judge to highlight how proper investigation of a claim before filing suit could have saved a child's personal injury claim from being dismissed. For additional information on this and related topics, please download a copy of Jonathan Cooper's Free eBook entitled "Why Most Accident Victims Do Not Recover the Full Value of Their Claim" from www.JonathanCooperLaw.com or www.TheNewYorkAccidentBook.com.

Category: Keyword Search: long island auto accident attorney

12/14/2009
Jonathan Cooper
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Computer/Cell Phone User Beware: Your Records May Be Discoverable In A NY Car Accident Case

In an opinion published on the front page of today's New York Law Journal, an appellate court held that a driver's computer and cell phone records must be disclosed in order to verify whether he was - or wasn't - using them at the time of the car crash. For additional information on car accident cases generally, and how to avoid common mistakes that will reduce the value of your accident claim, please download Long Island, New York accident attorney Jonathan Cooper's Free e-Book at www.TheNewYorkAccidentBook.com.

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9/29/2009
Jonathan Cooper
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IAlthough the merits of the underlying personal injury lawsuit are highly questionable, in a fascinating and important decision that was handed down last week, and published in today's New York Law Journal, one of New York's Appellate courts reversed a Westchester County trial court's decision, and held that the driver of a car that hits a drunk can in turn seek contribution from the bar that served the plaintiff too much alcohol, in violation of New York's Dram Shop Act, to compel the bar to pay their fair share of the blame for the auto accident.

In this case, O'Gara v. Alacci, the driver of a car knocked down the plaintiff, who had wandered into the middle of a parkway after leaving a bar. The plaintiff sued to recover damages for her personal injuries, and contended that the driver of the car handled his car negligently, and therefore bore some resposibility for the accident. The defendant driver, in turn, sued the bar that served alcohol to the plaintiff, asserting that the bar was also somewhat responsible for the accident, because they served alcohol to the plaintiff even after she was obviously drunk.

New York's Dram Shop Act states that anyone who has been injured, whether personally, or even monetarily, due to the intoxication state of another is entitled to recover in contribution from the one who unlawfully caused or added to the intoxication, i.e., after the person was already clearly intoxicated.

In issuing this ruling, the Appellate court rejected the trial court's holding that the bar's duty to abstain from serving alcohol to an already-drunk person runs only to that person; instead, the Appellate court held that this duty also runs to the general public, including the driver of the car that was involved in this pedestrian knockdown.



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9/21/2009
Jonathan Cooper
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If you ever thought that child safety seats were an unnecessary inconvenience, consider the following statistics that were published as part of the CDC and NHTSA's National Child Passenger Safety Week which just concluded on Friday, September 18:

  • Last year, an average of four children under the age of 14 were killed in auto accidents per day;
  • Studies have found that children's car seats reduce the risk of death in a car crash by over 50%, as compared to children who only used standard seat belts;
  • In 2007, nearly 400 children's lives were saved by the use of child safety seats and devices.
Granted, as a father of 6 small children, I find these seats and devices terribly annoying. But these statistics simply cannot be ignored.

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7/13/2009
Jonathan Cooper
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In an unusual move, an appeals court reinstated a jury's award which had been reduced from $2 million to $600,000, to a pedestrian who was knocked down by a passing truck, causing him to sustain severe personal injuries, including traumatic brain injuries and several fractures that left him in a coma for over one month.

As anyone who has experience selecting juries for trial will tell you, what is not unusual or suprising is that this aspect of the story - the reinstatement of the 7-figure verdict made the news. Nor, for that matter, would it have surprised anyone had the news reported on the jury's verdict; what would have been surprising was if the news had covered the judge's reduction of the award by nearly 2/3 - a fact of trial life that often confronts personal injury lawyers, but rarely - if ever - makes the headlines.

Category: Keyword Search: long island auto accident attorney