Family sues DWI driver who hit boy in...

Family sues DWI driver who hit boy in South Farmingdale

There are 66 comments on the Newsday story from Jan 9, 2008, titled Family sues DWI driver who hit boy in South Farmingdale. In it, Newsday reports that:

The family of the South Farmingdale boy who was hit by a car on New Year's Eve has filed a lawsuit against the driver, who has a history of drinking and driving, according to the family's attorney.

Join the discussion below, or Read more at Newsday.

Law Mama

Brooklyn, NY

#45 Jan 9, 2008
Verdict4me wrote:
Initially, my client was wearing a bright orange Syracuse University shirt at the time he was hit. It was pitch black in the area because the street lights were out and they had been out for a while. The family has only one priority at this time and that is the well being of Michael. The filing of a lawsuit at this time only helps to bring the family financial compensation sooner than later. They may be ultimately responsible for medical care but thank goodness the young man is doing OK. He has a traumatic brain injury that may leave permanant scars. If the town is responsible, a jury will tell us. If it was so dark that the young man could not be seen then they are at fault for contributing as the drunk driver may have had enough time to react. We don't know but the filing of a Notice of Claim just protects the young mans rights. Sooner or later it has to be done. Once I have done my investigation, I can file a suit without even talking to the family and believe me the only conversation has been about getting bills paid and keeping the press from interferance at this time. It's easy to criticize but if you were in Michael and his moms shoes, you would want an aggressiove and expeditious resolution...We all hope for a speedy and complete recovery......Ken Mollins
I am an attorney. Assuming that the blogger is actually the lawyer for the boy & his family, this is really appalling. I think it's highly unprofessional for this lawyer to actively engage in a blog about the merits of the case, in a back-and- forth, unrestricted forum such as this, in a case that is likely to go before a jury. This is a new low.
Law Mama

Brooklyn, NY

#46 Jan 9, 2008
Verdict4me wrote:
<quoted text>
Your questions are all valid. The family called me, who they knew prior to the occurrence, when the press insisted on questions being answered on New Years Day and they did not know what to do. There is no need to sway potential jurors here as laibility is clear although coverage on the driver is limited (25,000). We do not know yet if the town was aware that the lights were out but a Notice of Claim just allows one to preserve the right to make a claim if they knew. The standard is did they know or should they have known and the neighbors all say the lights were out for weeks. I honestly feel bad you feel compelled to write and criticize when most lawyers really do work in the interests of their clients. Here, that is my intention. I do make a living protecting the rights of the injured, the disabled and in many cases I work pro bono for the rights of special education children who are being hammered by the system, Again, these people needed advice early after the occurrence and they called. I hope you are never in that situation but if you are, I hope you can call on a professional for legal advice.
I live next to a busy road in the Town of Oyster Bay. When a street light goes dark, I immediately call the appropriate Town office. 95% of the time, the Town repairs/ replaces the light within 2 or 3 days. Did anyone in the area of the accident ever bother to call or write the Town to advise it of the outage? Doubtful.
Law Mama

Brooklyn, NY

#47 Jan 9, 2008
Verdict4me wrote:
<quoted text>
Your questions are all valid. The family called me, who they knew prior to the occurrence, when the press insisted on questions being answered on New Years Day and they did not know what to do. There is no need to sway potential jurors here as laibility is clear although coverage on the driver is limited (25,000). We do not know yet if the town was aware that the lights were out but a Notice of Claim just allows one to preserve the right to make a claim if they knew. The standard is did they know or should they have known and the neighbors all say the lights were out for weeks. I honestly feel bad you feel compelled to write and criticize when most lawyers really do work in the interests of their clients. Here, that is my intention. I do make a living protecting the rights of the injured, the disabled and in many cases I work pro bono for the rights of special education children who are being hammered by the system, Again, these people needed advice early after the occurrence and they called. I hope you are never in that situation but if you are, I hope you can call on a professional for legal advice.
This continuing ongoing blog by the boy's family lawyer is COMPLETELY OUTRAGEOUS and inappropriate ! It may well constitute a violation of the NY State Lawyer's Code of Professional Responsibility and could subject him to discipline and put his law license in jeopardy. Counsellor, stop this immediately!
avictim2

Monroe, NY

#48 Jan 9, 2008
You people out there don't know the circumstances and neither do I....I was in a serious hit and run about 5 years ago, the driver was followed, a license plate was given to the police who tried to track the guy down....his mother claimed he didn't live there...6 weeks later he was supposed to be arrested however never showed up for 3 court appearances. he was in the assigned risk pool. I sued hoping to recover the money I paid out of pocket expenses. However now 5 years later I am still medically a mess and all i did was recover my out of pocket. This boy is from a single family home 14 years old and also has a head injury...at this time he is having difficulty walking and keeps repeating things whether or not an attorney was obtained on the way to the ER or not is no one's business, he will need years of medication.(i am on meds indefinitley), and Assigned risk insurance companies will pay NOTHING!! remember they insure the lowest of the low...these people CAN NOT obtain insurance elsewhere!!!
ritA is an ass

Bedford, TX

#49 Jan 9, 2008
ok the bycicle if properly maintained has reflectors all over it.if the street was dark it doesnt matter how brightly he dressed--clothes dont glow in the dark you asses.fact is,shes drunk,behind the wheel-didnt belong in a drivers seat in that condition.stop making this the boys problems--she was slurring the night o fthe incident--hes still slurring his speech weeks later from brain damage.rita i hope you are hit by a car soon
Killing Time

Brentwood, NY

#50 Jan 9, 2008
Harry Balzac wrote:
<quoted text>
One more thing -- the pig's liability insurance carrier will probably disclaim, since she was apparently drunk. You breach your contract if you drive drunk, as it is an uninsurable risk.
Not true, I just settled a case out in Suffolk where my client was DUI. He was arrested at the scene and admitted it in his deposition. DUI isn't an intentional tort and the actions against them are still grounded in negligence.

KT, Esq.
Killing Time

Brentwood, NY

#51 Jan 9, 2008
avictim2 wrote:
You people out there don't know the circumstances and neither do I....I was in a serious hit and run about 5 years ago, the driver was followed, a license plate was given to the police who tried to track the guy down....his mother claimed he didn't live there...6 weeks later he was supposed to be arrested however never showed up for 3 court appearances. he was in the assigned risk
pool. I sued hoping to recover the money I paid out of pocket expenses. However now 5 years later I am still medically a mess and all i did was recover my out of pocket. This boy is from a single family home 14 years old and also has a head injury...at this time he is having difficulty walking and keeps repeating things whether or not an attorney was obtained on the way to the ER or not is no one's business, he will need years of medication.(i am on meds indefinitley), and Assigned risk insurance companies will pay NOTHING!! remember they insure the lowest of the low...these people CAN NOT obtain insurance elsewhere!!!
No offense, but you are not a doctor. His injury was quite recent and on one knows what his prognosis for recovery is. For all any of us know he could be return to pre-injury levels shortly.

Head injury eh? Was he wearing a HELMET? Uh oh....common sense would suggest that a 14 year old driving around at night on New Years wouldn't be wearing one.
upstate bob

Dundee, NY

#52 Jan 10, 2008
Sue Happy wrote:
Hopefully the boy will recover. The family should be concerned with his treatment plan not the winning "lottery ticket" they think they won...disgraceful all around.
i can't believe that the family is thinking about money at this point in time,idiots.
Jen

Mamaroneck, NY

#53 Jan 10, 2008
This person should be sued. Look what she did to this boy! If ever there was a reason to sue- hello! This is it!
Pete

Raritan, NJ

#54 Jan 10, 2008
Killing Time wrote:
2 things...
New Years Eve? What time did this happen. If it was the time of night on New Years Eve that people are driving drunk (10pm+) what the heck was this kid doing walking around?
The kid was unconscious for several days and has brain injuries, yet the family had the time to file a lawsuit within a week? Way to have your priorities set.
So going by your logic, it's the kid's fault? He should have known there were going to be drunk drivers out there at the time and one of them was going to hit him?
Killing Time

Brentwood, NY

#55 Jan 10, 2008
Pete wrote:
<quoted text>
So going by your logic, it's the kid's fault? He should have known there were going to be drunk drivers out there at the time and one of them was going to hit him?
Not totally his fault, but he definitely contributed to it. People need to realize that car v. human will always result in human losing. Don't bike around in the dark wearing dark clothes and f*cking pay attention and crap like this won't happen.

Also, you are supposed to wear a helmet. Apparently they tend to prevent BRAIN DAMAGE.
shoot em next time

Fairfield, CT

#56 Jan 10, 2008
But Stan, should the family be stuck paying with their own insurance or out of pocket for this mess? Think about it. Hundreds of thousands this will cost. I would sue too.
Stan Marsh wrote:
It is her insurance company that will wind up paying, not her. Now...where does the insurance company get the money for this? by raising my f---n premium!!
Mike

Hingham, MA

#57 Jan 10, 2008
I live in farmingdale and I will be contacting a lawyer with the intent of suing the Parents of Michael Nicosia creating a dangerous situation by allowing a 14 year old kid to bike in the dark, at 9:30pm, with dark cloths, no light and no reflectors. Why the hell were'nt the parents reported the CPS for child neglect....
Harry Balzac

New York, NY

#58 Jan 10, 2008
Law Mama wrote:
<quoted text>
I am an attorney. Assuming that the blogger is actually the lawyer for the boy & his family, this is really appalling. I think it's highly unprofessional for this lawyer to actively engage in a blog about the merits of the case, in a back-and- forth, unrestricted forum such as this, in a case that is likely to go before a jury. This is a new low.
Law Mama, you arrived late at this party. I already raised this very issue and solicited a response, but none has been forthcoming.
Harry Balzac

New York, NY

#59 Jan 10, 2008
ami wrote:
<quoted text>
if your insurance company finds you are drunk which they will if you go to the hospital or jail your bills will not be paid. However, anyone you injure will be paid.
here is another fact if you get in a car with someone who is drunk and you are aware of it. the insurance company can also deny your bills since you knew the person was putting you in risk also.
food for thought
and of course everyone is asking how do i know? i work for an insurance company in the liablity department. we get these claims a lot. the very first thing we do is check for the blood tests from the hospital
I no longer work in this area and didn't know what the current practice and standards are. Obviously you are speaking of no-fault coverage for the driver should he suffer injuries and/or lost income. But I recall some companies trying to disclaim liability coverage back in the late 80s when I was a hired gun (investigator) for some of the larger auto liability carriers. Guess it didn't fly (and of course I thought it was scandalous at the time, since the drunk usually didn't care because he or she was judgment-proof, but the injured party would be SOL with no chance of recover apart from MVIAC.
Harry Balzac

New York, NY

#60 Jan 10, 2008
Mike wrote:
I live in farmingdale and I will be contacting a lawyer with the intent of suing the Parents of Michael Nicosia creating a dangerous situation by allowing a 14 year old kid to bike in the dark, at 9:30pm, with dark cloths, no light and no reflectors. Why the hell were'nt the parents reported the CPS for child neglect....
Another legal genius. Presuming you had such a claim, what was your resulting injury/damages?
All these facts you cite are based on hearsay. And in any event, they are, in most rational peoples' mind, totally eclipsed by the fact that the driver was DRUNK!
I agree that parents have some responsibility to supervise their kids, and you would hope a 14-year old would have more sense, but this doesn't seem to meet the standard of "neglect."
Pete

Raritan, NJ

#61 Jan 10, 2008
Killing Time wrote:
<quoted text>
Not totally his fault, but he definitely contributed to it. People need to realize that car v. human will always result in human losing. Don't bike around in the dark wearing dark clothes and f*cking pay attention and crap like this won't happen.
Also, you are supposed to wear a helmet. Apparently they tend to prevent BRAIN DAMAGE.
I disagree. Had he worn a helmet or had reflectors on his bike, there's no proof that the drunk driver wouldn't have hit him. Preventing Brain Damage? That's like saying it would have been ok for the drunk driver to hit him if he was wearing a helmet because he may not be brain damaged from the accident.
Steve

Hingham, MA

#62 Jan 10, 2008
Just a heads up on the supposed drunk driver. Yes she has a very checkerd past and probally should not have bin driving. But if anybody here other then me reads they would know that she blew a .06 which is a dui not dwi. The medication she was taking was prescription meds. You really have to wonder if the kid was dressed properly and had lights or reflectors whould she have even hit him????

Since: Dec 06

massapequa, long island

#63 Jan 11, 2008
Verdict4me wrote:
Initially, my client was wearing a bright orange Syracuse University shirt at the time he was hit. It was pitch black in the area because the street lights were out and they had been out for a while. The family has only one priority at this time and that is the well being of Michael. The filing of a lawsuit at this time only helps to bring the family financial compensation sooner than later. They may be ultimately responsible for medical care but thank goodness the young man is doing OK. He has a traumatic brain injury that may leave permanant scars. If the town is responsible, a jury will tell us. If it was so dark that the young man could not be seen then they are at fault for contributing as the drunk driver may have had enough time to react. We don't know but the filing of a Notice of Claim just protects the young mans rights. Sooner or later it has to be done. Once I have done my investigation, I can file a suit without even talking to the family and believe me the only conversation has been about getting bills paid and keeping the press from interferance at this time. It's easy to criticize but if you were in Michael and his moms shoes, you would want an aggressiove and expeditious resolution...We all hope for a speedy and complete recovery......Ken Mollins
people are sick and tired of bull**** lawsuits. and lawyers who just want the money.
the fact that the driver is being sued is completely understandable.
but you wouldn't want me on the jury about the town. that just stinks of a lawyer going after the deep pockets and hoping for a settlement.
this accident was caused by a woman who has a history of drunk driving. why not sue the dept. of motor vehicles for not doing more to keep her off the road? or the cops for not impounding her car? makes sense since your suing the town for a blown street light.
hope the kid recovers, but lawsuits like this one against the town are a waste of taxpayer money and lawyers should be held accountable for the cost's of these suits if they loose.
songbird

Livingston, NJ

#64 Jan 11, 2008
Law Mama wrote:
<quoted text>
I am an attorney. Assuming that the blogger is actually the lawyer for the boy & his family, this is really appalling. I think it's highly unprofessional for this lawyer to actively engage in a blog about the merits of the case, in a back-and- forth, unrestricted forum such as this, in a case that is likely to go before a jury. This is a new low.
it's sound legal analysis. and there's nothing wrong with press briefings, etc. from a lawyer. many of them make their case in the press long before they se a courtroom.

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