Jaroslawicz & Jaros PLLC
Call or email to schedule a free consultation.
212-227-2780 800-269-2780
Free transportation can be provided.
Jaroslawicz & Jaros PLLC
Call or email to schedule a free consultation.
212-227-2780 800-269-2780
Free transportation can be provided.
Jaroslawicz & Jaros PLLC
212-227-2780

Lifeguard Sues Pool for Negligence over Electrocution Incident

Elizabeth Eilender, of counsel to Jaroslawicz & Jaros, filed a lawsuit on behalf of a Bay Ridge teen who suffered electric shock at the pool she lifeguarded at this past summer. The lawsuit, filed in Brooklyn federal court, accuses Silver Gull Beach Club of negligence for failing to adequately repair the facility after it was damaged by Superstorm Sandy. In July, the teen girl stepped out of the pool and put her hand on the railing while simultaneously stepping on a charged metal plate situated on the ground just outside the pool. The combination of the girl's wet hand and the metal plate caused electric shock to go through her body. A New York Post report of the incident explains, "Eilender said that the overall operator of the beach club, JBAY PLLC, has purposefully withheld information about the incident from them and told workers to clam up." Eilender continued that the pool's negligence together with its withholding of pertinent information is "outrageous" and "disgusting."

$1.25M for Medical Malpractice Victim

Jaroslawicz & Jaros, PLLC successfully represented a 48-year-old man who was a victim of medical malpractice due to the failure of his physician to diagnose nasopharyngeal cancer. He had suffered with sinusitis, bleeding from his nose, nasal congestion and hearing loss while under treatment with his doctor. These symptoms persisted for over two years yet the doctor merely prescribed antibiotics, nasal sprays and hay fever/allergy medications. Meanwhile, the undiagnosed cancer progressed from a localized, treatable cancer to a terminal form of cancer that spread. With the assistance of our medical experts, we were able to demonstrate that the doctor should have referred his patient to specialists during the time period where the cancer could have been treated and before it had spread. This claim was settled in less than two years for $1.25 million. Failure to diagnose and misdiagnosis are the most common types of medical malpractice claims. Due to failures in the diagnostic process, physicians many times fail to adequately diagnose conditions which causes patients' conditions to worsen. Nasopharyngeal cancer is a type of cancer in which cancerous cells grow in the nasopharynx, which is the region of the throat just behind the nose. This type of cancer falls into the category of head/neck cancer. Common and known symptoms of nasopharyngeal cancer include:

Jaroslawicz & Jaros, PLLC Wins Settlement for Roller-Skating Accident Victim

In July 2010 the plaintiff was 33 years old when she visited a roller skating rink in upstate New York with her son and other family members. She suffered a fractured leg when another skater, who was skating "recklessly," caused her to fall. We argued that although she may have assumed the normal and typical risks associated with roller skating - she did not, however, assume the risk of an out of control fellow roller skater skating excessively fast and that the rink personnel would permit this to continue and would not control the situation. The rink manager and guards testified that they could not recall seeing a fast skater, who was never identified, but the manager did acknowledge that fast skating was prohibited at the rink because it would be a safety issue for fellow patrons. The defendant moved the court for summary judgment, asking the Court to dismiss the case by arguing that the plaintiff fully assumed the risks of such an accident by engaging in roller skating and that there was a lack of proof of any dangerous condition or of a fast skater. We were successful in opposing this motion when the court agreed with our position. The case was then set for trial and was settled for $137,000 shortly before trial.

63 Injured, 4 Dead After Train Derails in New York

Officials are reporting 63 injured and 4 dead after a train derailed yesterday morning in the Bronx. According to initial reports, the engineer of this Metro-North train may not have applied the brakes as he should have on a tight curve. The area of the tracks near Spuyten Duyvil Station on the Hudson line requires trains to slow down from 70mph to 30mph. At the time of the derailment, near 7:20 in the morning, the southbound train had about 150 passengers on board. The train was comprised of seven passenger cars, all of which derailed. Two of the cars flipped completely on their sides. The engineer is among one of those injured in the accident. He could not immediately be reached for comment as he was in the hospital being treated for injuries. According to Metro-North, he had been an engineer with the company for about 20 years and had no history of violations. This is Metro-North's first fatal accident. The National Transportation Safety Board (NTSB) has stepped in to conduct an investigation of this accident to determine an official cause. Although many officials believe the accident was caused by the engineer's failure to properly apply the train's brakes, another potential cause being looked into is a mechanical defect. Investigators will be looking at the "black box" data which was recovered from the accident site. At most, the NTSB says it should have a definitive answer by mid next week. As an injury law firm experienced in representing train accident victims, we understand how extremely tragic these cases can be. Our thoughts go out to all the victims and their families during this difficult time.

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Jaroslawicz & Jaros, PLLC
225 Broadway, 24th Floor
New York, New York 10007

Toll Free: 800-269-2780
Phone: 212-227-2780
Phone: 917-842-9544
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