TOP TRIAL LAWYER ACHIEVEMENTS: PART ONE

I hope the New Year finds you and your families healthy and safe. 2021 marked the 75th anniversary of The American Association of Justice (AAJ), a national trial lawyer's organization, of which I am a proud member. This milestone made me reflect on the lasting, yet often overlooked, positive impact trial lawyers have effected in society through the use of our civil justice system. Below I will share with you some highlights of the work trial lawyers have done, which range from making automobiles safer and advocating for a safer planet by exposing drinking water hazards.

 AUTO INDUSTRY

            In 1978, the gas tank of a Ford Pinto ruptured in a rear-end collision seriously injuring and killing the two vehicle occupants.  Litigation forced the auto maker to implement a safer design, which required the placing of all gas tanks within rigid frames. In the early 1990s, more than 700 people were injured and 271 were killed due to defective Firestone tires. Reports were made to the National Highway Traffic and Safety Administration (NHTSA) which led to an investigation in 2000 that forced Firestone to recall over 14 million tires. Those tires were found to have tread separation and made them susceptible to blowouts.  Individual civil lawsuits as well as class action lawsuits were brought which prompted Congress to pass the Transportation Reporting Enhancement, Accountability and Documentation (TREAD) Act. This Act requires auto and tire manufacturers to report any auto or tire defect to the federal government. 

 THE ENVIRONMENT

            The civil justice system has helped raise awareness of and uncovered unsafe levels of contaminants in the air and drinking water and other toxic exposures in consumer products and the workplace. As noted in the December 2021 issue of Trial magazine published by AAJ, (www.justice.org) “…Too often, state and federal regulators fall woefully short of protecting people and natural resources.  Trial lawyers fill this void, advocating for better standards and holding corporations accountable when their practices and misconduct lead to pollution and toxic exposure that harm human health and the environment…”

While federal environmental statutes and regulations came about in the 1970’s as the public became aware of pollutants and toxic chemicals, civil cases predating the passage of those federal laws helped lay the groundwork for the eventual passage of environmental protection laws.  More than 50 years ago in 1962, Consolidated Edison proposed building a hydroelectric plant in New York’s Hudson Valley, which would have required cutting into Storm King Mountain and turn a nearby forest into a reservoir.  Local environmental groups filed a civil lawsuit in New York State called Scenic Hudson Preservation Council v. Federal Power Commission. This resulted in a determination that federal agencies that are responsible for granting permits to corporations must consider the environment and aesthetic impact of a project.  This case helped pave the way for the enactment of a federal law titled the National Environmental Policy Act (NEPA).

Another significant case in New York State was the polluting of neighborhoods in Niagara Falls adjacent to the Love Canal. In the 1950s, Hooker Chemical Plastic Corp. acquired a piece of property into which it had dumped thousands of tons of hazardous chemicals and then covered it with dirt. Twenty years later, it was found that the chemicals were finding their way into the soil and in buildings in neighborhoods causing both personal injuries and property damages. Civil litigation forced Hooker Chemical to stop its chemical contamination and pay restitution to injured residents. This event led to federal legislation called the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) which created a federal “Superfund” to clean-up contamination at abandoned waste sites.

More recently, untreated water flowing from the Flint River in Michigan found its way into thousands of homes and was found to contain toxic lead levels.  Residents were unable to drink this polluted water. Almost 9,000 children were exposed to unacceptable lead levels, which can cause serious effects leading to brain damage, developmental disabilities, and seizures in young children. As well publicized, residents filed lawsuits against the City of Flint, State of Michigan as well as the Federal EPA to compel them to comply with the Safe Drinking Water Act.

Stay tuned for Top Trial Lawyer Achievements: Part Two in which I amplify cases that fought hate by securing large judgments against racist groups through the brave and tireless efforts of civil rights advocates.

The information referred to in this blog was sourced from Trial Magazine, December 2021 edition

What Every Vehicle Owner Needs To Know

With a significant improvement in the control of COVID-19 in New York and elsewhere, there’s an uptick in social activities and vehicular travel once again. I want to discuss an often overlooked, relatively inexpensive and vital coverage on your personal and or business vehicle: Supplementary Uninsured/Underinsured Motorists (SUM) coverage. 

SUM coverage protects you and other insured members of your vehicle in case you are involved in an accident with another motor vehicle whose owner or operator was at fault and had no insurance or was insured with relatively low liability limits for bodily injury. This coverage will protect the financial well-being of your family in the event you are seriously hurt in a collision with an uninsured or underinsured motor vehicle owner/operator. Look at the last item on the Declaration Page of your auto policy to see what SUM coverage you have.

         In New York State, the minimum liability insurance a vehicle must carry is $25,000 per person and $50,000 per accident (the larger number covers multiple injured persons). How do you know if you qualify for SUM coverage?  This can best be explained in the following example, which happens frequently in real life.  Suppose that while driving your family car and at a complete stop at a red light, you are rear-ended by a vehicle that is insured for the minimum $25,000.  Let us further assume that you sustain serious injuries that justify a recovery of $250,000. In order to be able to recover more than the minimum $25,000 of liability insurance from the negligent vehicle owner, your own vehicle’s insurance policy would have to provide the following:

1.    Liability coverage to protect you, if you were sued, in an amount greater than the $25,000 minimum, for example, $100,000/$300,000 or $250,000/$500,000; and

2.    SUM coverage in excess of $25,000 per person and $50,000 per occurrence.

Your insurance company must offer you the option of purchasing SUM coverage equal to your liability coverage.  The insurer must notify you of this option in writing when they issue your policy and at least once a year after that. In the example above, if the family vehicle was insured for $250,000 (to protect you if you were sued) and you purchased $250,000 in SUM coverage, the injured family member could recover a total of $250,00 for his or her serious injuries. First, they would have to recover the $25,000 minimum insurance from the negligent driver. Second, a claim would then be made directly against your own insurance company for SUM benefits. Even though your policy provided for $250,000 in SUM coverage, your insurer is entitled by law to receive a credit of $25,000 from the recovery received from the negligent driver. You would then receive from your own insurer the sum of $225,000 which would bring your total recovery to $250,000.

I hope you will take this into consideration to protect your health and financial well-being. Any questions? Please comment below or call my office. And most importantly, safe travels.

Welcome To My Website

As we continue to live with the many disruptions and challenges of Covid-19, please know that my law firm and I are here to assist you with your legal needs.

I am excited to share the firm’s recently launched website: www.shhermanlaw.com

As most of you know, I have over 40 years of experience in personal injury and wrongful death cases representing individuals and their loved ones who have been harmed in serious automobile crashes, construction accidents, and other circumstances. We offer personal, compassionate, and meticulous care to our clients.

The firm also has a special expertise in representing ride sharing accident victims, including those persons who suffer injury during a vehicle crash involving an Uber driver. For more information, please email me or contact my office: 718-897-2282.

Sincerely yours,
Spencer