by Long Island Attorney              Paul A. Lauto, Esq.

Cab driver Mohamed Abdeizaher claimed he was injured over a fare dispute, while dropping off three young women at a Brooklyn residence early one morning.  Plaintiff claimed that after the women refused to pay their fare, one of them poured icy water down the back of his shirt.  After Abdeizaher exited the cab to shake the ice from his shirt, he claims that the father of one of the women came out of the residence and without warning struck him with a baseball bat.  According to Abdeizaher, he used his hand to block the alleged assailant John Sallustio's attempt to strike his knee with the baseball bat.

Sallustio later pleaded guilty to a misdemeanor third degree assault and the jury in the civil case found that Sallustio was 100 percent liable.  Abdeizahar claimed injuries including a fractured fifth finger to his non-dominant hand with a fifty percent residual disability, emotional distress and an inability to work for eight months.  The Brooklyn jury awarded plaintiff $25,000 for punitive damages, $50,000 for past pain and suffering and $125,000 for future pain and suffering for a total award of $200,000. 

Long Island Lawyer
Paul A. Lauto, Esq.

by Long Island Attorney Paul A. Lauto, Esq.

As an update to our July 1, 2012 blog entitled, "Are Our Schools Doing Enough To Enforce No Bullying Policies?", school bus aide Karen Klein has decided to retire.  As you may recall, Klein is the 68 year old bus aide/grandmother who was mercilessly bullied and verbally abused by seventh grade boys on a school bus in Greece, NY.

Klein is a former 20 year school bus driver veteran and was a school bus aide for the last three years.  In her decision to retire, Klein stated that she thought it was time for her to leave.  She plans to explore volunteer work with groups that help people affected by bullies.

The fundraising efforts with the goal of raising $5,000 to send Klein on vacation, has reportedly yielded a total of $703,833.  The four students primarily responsible for the Klein incident, have been suspended by the Greece school district for one year.

Long Island Lawyer
Paul A. Lauto, Esq.

by Long Island Attorney Paul A. Lauto, Esq.

We all know too well of the potential backyard pool dangers to our children, if we do not watch them closely at all times.  Unfortunately, many parents believe that if they are at a public pool with a lifeguard "on duty", that they can then be "off duty" when it comes to watching their children.  

Recently in the news, is the story of a boy revived by a lifeguard at an East Meadow, NY public pool.  Reportedly at least five lifeguards were poolside at the time of the incident, yet by the time the boy was pulled from the pool, he was blue and lifeless without a pulse.  Thank God rescue efforts were successful and the boy is expected to make a full recovery.  

Many people are of the opinion that the lifeguards were negligent in their duty to safeguard the boy and that a lawsuit should be commenced.   Many other people are of the opinion that the lifeguards are heroes.  Either way, the presence of a lifeguard does not mean that parents do not have to watch their children.  A lawsuit and the potential recovery of mere money, is no replacement for a lost loved one.  Perhaps lifeguards should be viewed as supplemental or additional assistance to parents in helping them safeguard their own children.

Long Island Lawyer
Paul A. Lauto, Esq.

by Long Island Attorney Paul A. Lauto, Esq.

A 2 year old boy was scalded by a shower head in a bathroom apartment, allegedly due to a defectively installed temperature regulating valve.  Plaintiff alleged that the defective shower head, was such that it would unexpectedly disperse hot streams of water at up to 160 degrees Fahrenheit. 

The boy sustained second and third degree burns to his back and buttocks that required skin grafting and left significant residual scarring.  Plaintiff's medical expert stated that although the residual scars could be diminished, it would require between 5 and 17 surgeries to do so.   The defense's medical expert stated that the scars could not be diminished by any procedure.

The plaintiff and defendants including the residence's owner, the residence's managing agent and the plumbing company that installed the valve, agreed to a pre-trial settlement in the total amount of 4 million dollars.

Long Island Lawyer
Paul A. Lauto, Esq.

by Long Island Attorney Paul A. Lauto, Esq.

In the case of Stewart v. Beam Global Spirits & Wine, Inc., plaintiffs allege that Skinny Girl Margarita products are falsely marketed as "all natural", in that they contain a chemical preservative.  Accordingly, plaintiffs have asserted a claim that defendant has unjustly procured financial gain to the detriment of the consumer, known as unjust enrichment.  

The Federal Court in the case has recently determined that under New Jersey law, plaintiffs may assert a claim for unjust enrichment against the product manufacturer, even though the product was purchased from a third party retailer.  The Court stated as follows:

     "This Court is of the view that it would be inequitable to suggest that the Beam defendants can insulate themselves from liability on an unjust enrichment claim simply by asserting that retail sales by liquor stores cut off any relationship between the consumers and manufacturer.  This is particularly true in this case where plaintiffs cannot seek a remedy directly from the liquor stores based on misrepresentations allegedly made by the Beam defendants themselves as to the 'all-natural' nature of Skinny Girl Margarita."

The chemical preservative contained in the Skinny Girl Margarita products is sodium benzoate, which is an inexpensive mold inhibitor used to extend a product's shelf life.  Sodium benzoate is reportedly a potentially toxic synthetic preservative that deprives cells of oxygen, thereby breaking down the immune system and making one more susceptible to disease.

Long Island Lawyer
Paul A. Lauto, Esq.

by Long Island Attorney Paul A. Lauto, Esq.

A Jet Blue pilot recently suffered an eye injury from a green laser pointed directly into the cockpit, as the plane was approaching JFK airport.  Although these lights seem to be somewhat harmless from the ground, as the light reaches higher into the sky the pinpoint of light spreads out in a dangerous and blinding fashion.

It is a federal crime to shine a green laser or laser pointer at an airplane and interfere with the flight crew.  The United States Code Title 18, Chapter 2, Section 39A, provides that such an offense is punishable by fine or imprisonment up to 5 years, or both.  State regulations also apply and vary between states.  The NYC Administrative Code Section 10-134.2, regulates the possession, sale, display and use of laser pointers.  Most violators of this code are deemed guilty of a misdemeanor.

In 2005 there were less than 300 reported laser pointer incidents of this type.  By 2011 there were more than 3,500 reported such incidents.   In 2009 a California man was sentenced to 2 1/2 years in prison for his laser pointer offense and in 2011 a Massachusetts man was sentenced to 3 years in prison.  Authorities consider these offenses to be very serious in nature and the public should treat them accordingly.

Long Island Lawyer
Paul A. Lauto, Esq.

by Long Island Attorney Paul A. Lauto, Esq.

In March 2012 Yahoo filed a lawsuit against Facebook alleging infringement of 10 of its patents related to advertising, privacy, customization, messaging and social networking.  Facebook counterclaimed alleging patent infringement by Yahoo.

All claims have been settled with no money transferring hands.  The settlement agreement includes a new "advertising partnership" between the two mega companies.  Yahoo's decision to bring suit against Facebook, was the unpopular brain trust of former CEO Scott Thompson.  Thompson lasted only four months on the job and was replaced in May 2012, as a result of his embellished resume.

Long Island Lawyer
Paul A. Lauto, Esq.

by Long Island Attorney Paul A. Lauto, Esq.

Wells Fargo Bank allegedly discriminated against minority borrowers in violation of the fair lending laws from 2004 to 2009.  The claimed result was approximately 34,000 borrowers paying higher interest rates on loans based on the color of their skin.

The Justice Department announced that Wells Fargo has agreed to settle the matter for approximately 175 million dollars.  A total of 125 million will be paid in compensation to the alleged discriminated borrowers.  In addition,  25 million will be paid as down payment aid to borrowers in areas claimed to have been heavily discriminated against, such as New York City.  This settlement is the second largest of its kind on record.

Long Island Lawyer
Paul A. Lauto, Esq.

by Long Island Attorney Paul A. Lauto, Esq.

A bill passed by Congress and recently signed into law by President Obama, will affect the pension plans of millions of Americans.  The new law will raise approximately $10 billion dollars by increasing the premiums companies pay the government to insure their pension plans.  It will also raise approximately $9 billion dollars by changing how businesses calculate what they must contribute to pension plans.

Under the new law, companies may now estimate their pension fund earnings based on an average interest rate over the past 25 years instead of the past two years.  As a result, estimated pension fund earnings will be higher, allowing companies to contribute less.  The government will benefit, because companies will make fewer pension contributions which are tax deductible.

Long Island Lawyer
Paul A. Lauto, Esq.

by Long island Attorney Paul A. Lauto, Esq.

Police broke up a gay rights rally and arrested three of the organizers in St. Petersburg, Russia, based on a new law  prohibiting the spreading of "homosexual propaganda".  Although homosexuality was decriminalized after the fall of the Soviet Union, prejudice against gay people remains at a high level in Russia and the surrounding countries.  

The law passed in St. Petersburg in February, provides a penal provision for a fine of up to $15,000 for spreading "homosexual propaganda".  

Long Island Lawyer
Paul A. Lauto, Esq.