by Long Island Attorney Paul A. Lauto, Esq.

While virtually every American is aware of the most important vote we face this coming November to elect the president of the United States, painfully few are aware of what many consider the second most important vote.  That is Proposition 37 in California, the results of which will affect every person in the United States.

Proposition 37 involves the proposed law requiring labelling of all Genetically Modified (GM) foods, based on a consumer's right to know what is in their food.  The first ever lifetime feeding study evaluating the health risks of GM foods, was published this month in the peer reviewed journal Food And Chemical Toxicolgy.  The study results maintain, with over 30 other animal studies, a host of health problems and diseases connected to GM foods, including breast cancer.  The study showed that,  "...in female animals, 93 percent of the tumors found were in the mammary glands." 

Proponents of GM foods, such as corporate giants Monsanto and Dupont, maintain that the new genes introduced in GM foods in theory are broken up in the intestines and therefore the genetic manipulation is harmless.  However, GM food opponents state that researchers have now discovered that the genes can be transferred through the intestinal wall and into the blood.  Further, that GM crop genes have been found in sufficiently large amounts in human blood and muscle tissue.  Farmers are also now discovering that Roundup Ready crops are creating super resistant bugs and weeds, in addition to accelerating the depletion of of our soil.     

Corporate giants such as Monsanto and Dupont are spending millions and millions of dollars to fight against Proposition 37 and the right to know what is in our food.  But that pales in comparison to the value of the Roundup Ready technology, which was recently decided by a jury to be one billion dollars (See our August 6, 2012 blog entitled, "Jury Renders One Billion Dollar Verdict In Biotech 'Roundup Ready' Technology War"). 

These are just some of the reasons why many say that Propostion 37 is the second most important vote for all Americans this November.  If Proposition 37 passes,  food manufactures will no longer be able label GM foods as "natural" or "all natural" and will be required to clearly label all GM foods.  Once all GM foods are clearly marked, millions of consumers will likely demand non-GM alternatives and the sale of non-GM foods will dramatically increase.  How would you vote?

Long Island Lawyer
Paul A. Lauto, Esq.

   

by Long Island Attorney Paul A. Lauto, Esq.

by Long Island Attorney Paul A. Lauto, Esq.

A Federal Court jury awarded $7.2 million dollars to Wayne Watson, as damages for lung disease developed as a result of a chemical used in microwave popcorn.  The condition known as "popcorn lung", is an irreversible obstructive lung disease that makes air flow in and out of the lungs difficult.  

Watson claimed that he developed the disease after long term exposure to the the smell of the chemical butter flavoring diacetyl.  Before contracting the disease, Watson consumed an average of two bags of microwave popcorn per day over a period of ten years.  Watson sued the popcorn manufacturer and the supermarket chain, claiming negligence in failing to warn of the known danger from diacetyl.  Dr. Cecile Rose, former consultant to the flavorings industry and experienced with workers who contracted the same disease after exposure to diacetyl, was plaintiff's main witness in establishing causal relationship.

Defendants maintained, notwithstanding that this is the latest in a long line of similar cases over the past 15 years, that Watson's health problems were from his years of using dangerous chemicals as a carpet cleaner.  The jury held the manufacturer 80% liable and the supermarket chain 20% liable.  Defendants plan to appeal the decision.

Long Island Lawyer
Paul A. Lauto, Esq.

by Long Island Attorney Paul A. Lauto, Esq.

Motorcyclist Juan Velez was involved in an accident this past weekend, while heading east on Lenox Avenue in Harlem, NY.  Reportedly, a yellow taxi cab struck Velez in the rear throwing him off his motorcycle and into the rear of a tour bus stopped at a red light.  Velez was pinned between the cab and the bus until emergency services arrived.  He was taken to the Harlem Hospital Center, where he was pronounced dead.  

Whether you are operating your motor vehicle in Manhattan or Long Island, the NYS Vehicle and Traffic Law (VTL) requires that a safe distance be maintained between vehicles.   The idea behind the law is that if you maintain a safe distance between vehicles, an operator will be able to stop his or her vehicle in time to avoid the happening of an accident.  In this case, the evidence strongly suggests that the cab driver failed to comply with the VTL.  Juan Velez was 53 years old.

Long Island Lawyer
Paul A. Lauto, Esq.

by Long Island Attorney Paul A. Lauto, Esq.

A Long Island man, Thomas Arnold, detected a malfunction in his swimming pool pump, recently installed at his East Yaphank home by Swim King Pools.  Arnold called Swim King pools and advised them of the defect and that the pump's sandy filter media was being expelled into the pool.  A representative reportedly advised him to tighten one of the pump's clamps to remedy the problem.  Upon doing so and after reactivating the pump, the pump's lid allegedly blasted off striking Arnold in the face.  Arnold sued, among others, Swim King Pools claiming negligent installation of the pump and negligence in failing to properly instruct him on how to fix the pump.  

Plaintiff sustained a laceration to his face, extending from his forehead down across his nose and right cheek, with claimed significant residual scarring.  Plaintiff further maintained that he sustained brain damage with resultant persistent vertigo, headaches and impaired balance. 

Defendant maintained that they were not negligent, in that proper maintenance was exlplained upon installation of the pool.  Further, that all purchasers receive a manual explaining how to deactivate and reactivate the pump.  As to plaintiff's injuries, defendant denied the existence of brain injury and maintained that plaintiff's scar healed well. 

The parties negotiated a pre-trial settlement in the amount of $150,000.

Long Island Lawyer
Paul A. Lauto, Esq.

by Long Island Attorney Paul A. Lauto, Esq.

by Long Island Attorney Paul A. Lauto, Esq.

The 39 year old plaintiff was riding his bicycle on the east side of 10th Avenue, when a parked cab allegedly opened its door into traffic knocking the plaintiff to the ground.  A low riding bus subsequently ran over plaintiff trapping him under the bus, pinned by the front right wheel.  Plaintiff maintained that although his companion ran alongside of the bus pounding on the window and yelling for the bus driver to stop, he was dragged approximately one third of a block before the bus actually stopped.  

Plaintiff claimed extensive degloving injuries to his left leg from his knee to his hip and to his left testicle, a fractured pelvis and a fractured right ankle.  Plaintiff further underwent five suregeries and skin grafting procedures, extensive physical therapy to relearn how to walk and perform activities of daily living, maintains permanent extensive scarring and disfigurement, permanent loss of sensation, difficulty urinating and friable skin.    

The defendant cab driver denied opening the cab door into plaintiff and maintained that plaintiff fell on his own.  The defendant bus driver contended that he was concentrating on traffic and that he was not negligent because he was in his lane of traffic. 

The jury found that the bus driver was 70% negligent, the cab driver was 30% neglignet and that the plaintiff was free of any contributory negligence on his part.  The jury awarded plaintiff $6 million for past pain and suffering and $3,185,000 for future pain and suffering, for a total award of $9, 185,000.

Long Island Lawyer
Paul A. Lauto, Esq.
  

by Long Island Attorney Paul A. Lauto, Esq.

A 33 year old carpenter, Crescencio Pantoja, was injured while working on the renovations of a Bronx, NY high school.  While working on a scaffold, Pantoja fell more than 23 feet to the ground, sustaining multiple injuries.  Plaintiff Pantoja filed suit under Labor Law Section 240(1) against, among others, the general contractor and owner.  Plaintiff maintained that defendants were liable under the statute, for failing to provide the required safety equipment in this elevation related accident.

Plaintiff claimed injuries including, among others, a skull fracture, C6 and C7 vertebrae fractures, multiple rib fractures, L5-S1 herniated disc, left shoulder rotator cuff tear with surgical repair, left thumb tendon tears with surgical repair and left wrist tendon tears with surgical repair.  Plaintiff further claimed that he had constant residual pain, headaches and dizziness, that he needed lumbar fusion surgery and that he was permanently occupationally disabled.
Defendants maintained that the required safety equipment was available to plaintiff, that he exaggerated his injuries and that he was able to perform some type of work. 

 After the trial and during jury deliberations, plaintiff settled his case for $3.5 million.  The settlement was not disclosed to the jury, who subsequently determined that defendant was liable under the labor law and that plaintiff's damages totaled $6 million.  The verdict was negated by the pre-verdict settlement.

Long Island Lawyer
Paul A. Lauto, Esq.