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Gersowitz Libo & Korek, P.C., a leader among personal injury and medical malpractice firms in the New York area, recently settled a case (Index No 13451/08- Kimberly Benson v. World Wrestling Federation Entertainment, Inc. and Matthew T. Yackeren) for $5 million involving a knee injury caused by a low-speed, low-impact motor vehicle accident.
On November 2, 2007, Kimberly Benson’s car was struck in a sideswipe collision by a vehicle operated by Matthew Yackeren, an employee of World Wrestling Federation Entertainment. As a result of the low impact motor vehicle accident that occurred at a low rate of speed, Ms. Benson suffered a knee injury.
Yackeren was driving a commercial van in the financial district of downtown Manhattan. While attempting to pass traffic, he backed up and then struck Ms. Benson’s jeep in the back driver side bumper with the side of his van. Damage to both vehicles was minimal.
Court documents show that Ms. Benson, a 41 year old mother and phlebotomy manager with a pre-existing knee injury, suffered a fracture of the cartilage in her knee and underwent several surgical procedures. In addition to the pain, degeneration of soft tissue and difficulty ambulating, Benson also developed Complex Regional Pain Syndrome (CRPS) aka Reflex Symptomatic Dystrophy (RSD), a debilitating chronic pain condition which rendered her disabled and incapable of working.
Benson sued World Wrestling Federation Entertainment and their driver, Matthew Yackeren, for past and future medical bills, lost wages and pain and suffering. The case went to trial, and the defense argued causation- the low impact accident that occurred at such a low rate of speed could not have caused an injury.
After four weeks of trial, both parties settled the case. Benson recovered $5 million from World Wrestling Federation Entertainment and Matthew Yackeren. Andrew L. Libo, the attorney for Benson from Gersowitz Libo & Korek, P.C., was satisfied with the result. “Kimberly’s life and the life of her daughter will never be the same, due to this accident. We refused to settle this case before trial because we knew Kimberly deserved justice, and we were willing to fight as long as needed to ensure she was justly compensated.” The trial was conducted by Jeff S. Korek and Nicolas Bagley.
Gersowitz Libo & Korek, P.C. Concerned Over Increased Accidents on Queensboro Bridge Off-Ramp
On Saturday, May 14, 2011, a Volkswagen car travelling at an excessive speed lost control while exiting the lower-level of the Queensboro Bridge near Crescent Street. The vehicle went airborne and landed on the roof of a livery cab. The driver of the livery cab was able to exit the vehicle just seconds before the Volkswagen landed on the roof. Fortunately, no one involved in this accident suffered serious injuries1.
This marks the third time in a six week span that a car accident has occurred at the off-ramp. The last two accidents ended much more tragically. In April, a driver lost her life when she lost control of her Jetta in the same location and crashed into 2 storefronts. In March, the driver of a Volkswagen Golf had an accident in the same spot, killing a pedestrian and suffering major injuries including an arm amputation1.
After the second accident in April, the Department of Transportation reduced the speed limit on the off-ramp from 30 MPH to 20 MPH and installed speed strips1. However, this clearly was not enough to slow drivers down and prevent another accident. More needs to be done to make the off-ramp safer and easier to maneuver and to make drivers more aware of the dangerous turn.
Gersowitz Libo & Korek, P.C. urges all drivers to exercise extreme caution when driving on this Queensboro Bridge off-ramp. If you have any questions about this story, or if you or a loved one has been the victim of a car accident, contact the experienced law firm of Gersowitz Libo & Korek, P.C. at 800-LAW-9997.
1The Queen Gazette; May 18, 2011, Front Page; Third VW Accident at QB Bridge Exit Ramp (Liz Goff)
Tragic Bus Accident Kills 14 in New York
A tragic New York bus accident on I-95 took the lives of 14 passengers and injured 19 others.
A private bus company was hired to bring 31 people back from the Mohegan Sun. The bus left the casino
very early on Saturday morning. At approximately 5:30 AM, the bus crashed on I-95 in Westchester County, crashing
through a highway sign that cut through the entire length of the bus.
The bus driver suffered minor injuries and survived the crash. Initial reports show that the bus driver claimed a
tractor trailor cut him off and clipped the bus. According to an NBC News Report, some passengers have claimed otherwise.
The passengers claim that the bus driver was speeding excessively and possibly even falling asleep at the wheel; the bus was reported to have hit the rumble strips several times before the crash occurred.
The investigation as to the cause of the crash is still ongoing.
At Gersowitz Libo & Korek, P.C., we are dedicated to representing victims of New York bus accidents. If you or a loved one has been injured in a New York bus accident, contact us immediately at 800-LAW-9997 for a free consultation.
Widespread Liability Exposure Resulting from the Toyota Recall
In recent years, there have been persistent complaints with several models of Toyota vehicles with regard to episodes of uncontrollable acceleration. Consumers have complained of instances in which their Toyota vehicle was unresponsive to efforts to slow down or stop, resulting in essentially a runaway vehicle. Collisions, crashes, damage & destruction of vehicles and property, and injury & death have all resulted from these instances of uncontrolled acceleration.
As these complaints mounted, Toyota assured the public that all was well with their vehicles, and that a dangerous or defective vehicle was not to blame. As a result, in cases of crashes, liability was often assigned to the driver (based upon negligence) and the role of the vehicle in potentially causing the collision was overlooked.
In the past few months, evidence contradicting Toyota’s claims that their vehicles were not at fault became impossible to ignore. Following widespread media attention and the threat of both legal action and governmental intervention, in February, 2010 Toyota finally responded with a recall of a large number of their most popular models, citing two problems (existing individually or in combination) that they have termed Floor Mat Pedal Entrapment and Sticking Accelerator Pedal as the cause of the complaints. The affected models include the following:
Toyota
- 2005-2010 Avalon
- 2007-2010 Camry
- 2009-2010 Corolla
- 2008-2010 Highlander
- 2009-2010 Matrix
- 2004-2009 Prius
- 2010 Prius
- 2009-2010 RAV4
- 2008-2010 Sequoia
- 2005-2010 Tacoma
- 2007-2010 Tundra
- 2009-2010 Venza
Lexus
- 2006-2010 IS 250
- 2006-2010 IS 350
- 2007-2010 ES 350
Floor Mat Pedal Entrapment and Sticking Accelerator Pedal are two different problems that both may result in difficulty/inability to control or slow your vehicle; the first involves the potential of the floor mat to trap the accelerator pedal in the wide-open position, and the second involves the likelihood that normal wear & tear on a portion of the pedal assembly may result in friction that has the potential to leave the throttle partially open, or delay its return to a closed position.
Ensure Your Legal Rights in the Toyota Recall
Gersowitz Libo & Korek, P.C. is eager to assist consumers in cases of property damage, loss or destruction, or personal injury or death, as a result of manufacturing defects contained within these recalled vehicles. Those impacted include not only the owners of these cars, but any individuals who have been involved in accidents with these vehicles. Additionally, prior liability judgments are being reviewed in the wake of this new recall information, and in one celebrated case a man that has been jailed for several years may be set free: http://www.today.msnbc.msn.com/id/35589163/.
If you own one of these models, or have been involved in an accident with one, you may be entitled to additional compensation. Contact Gersowitz Libo & Korek, P.C. for a free consultation in order to explore your full legal rights. We specialize in both automobile accidents and product liability, and our team of skilled attorneys has the experience, knowledge, and determination to ensure that you receive the full recompense that you are legally entitled to.