Spinal Injury Lawyer Blog

Preventing Spinal Injury in Others

Sat, 19 May 2012 17:49:41 -0500

Investigators have learned of a man who dived under a wave while bodysurfing at Mooloolaba Beach in 2005, with full control of his limbs. When he came up again, he was a quadriplegic.

The victim had a weakened neck from years of playing rugby union. In fact, his doctors had already given him warnings only weeks before his accident that he had to stop playing rugby or risk permanent spinal injury. His accidental head-first collision with a sandbar hidden under the waves was the final blow that injured his spinal cord.

The 35-year-old can now only move his face and shoulders. To get around, he has a wheelchair he can control with his chin. Firms have discovered that even now, he is doing something important with the injuries he has suffered. Now, he is a member of the Spinal Education Awareness Team, or SEAT, speaking for the Spinal Injuries Association with offices in Manhattan as well as Long Island.

SEAT is composed of 14 men and women from all over the state of Queensland, Australia, where the victim resides, all of them with paraplegia or quadriplegia. They travel to different schools, telling the students about spinal injuries, their own lives, and most importantly, how children can avoid the risks that lead to spinal injuries that could affect them for the rest of their lives.

“The last thing I want to see a young person have a spinal injury,” the former rugby player said. “It not only affects you, it affects your whole family and everyone around you.”

He continued to say that it was the love and support of his wife, his 11-year-old son, and his 1-year-old daughter that helped see him through the tough times after his accident. He and other members of SEAT are very involved in fundraising through the Spinal Injuries Association to spread the word on how to avoid such catastrophic injuries, and support those who have already suffered them. Their efforts have already brought a great deal of hope to the injured and may well have given young people who may have been in dangerous situations a reason to think twice.

Five Things to Know About Worker’s Compensation

Tue, 15 May 2012 17:42:29 -0500

There are five things spine surgeons should consider when working on patients who are paying via workers’ compensation.

First: It might be best to do it in an ASC. Workers’ compensation cases often have better compensation for spine cases when they are performed in an ambulatory surgery center. A well-known spinal doctor told a rep that many of his workers’ compensation cases could easily be performed in an outpatient setting. These bolster the funding for the ASC and create a better relationship with workers’ compensation organizations.

Second: Pay attention to psychological concerns. Every doctor knows to evaluate a patient physically to get the best possible outcome for treatment. But that’s often only half the issue. Surgeons should look into the patient’s psychological health and motivation to recover, as well. Sometimes, it’s difficult for workers’ compensation patients to return work, due to psychological reasons and a lack of motivation. “We try to minimize exposure to workers’ compensation patients unless there is a motivation from the patient to get better,” a neurosurgeon said. Often, these patients have been on pain medication for a long time, which complicates matters further.

Third: Expectations influence outcomes. It had been discovered that a positive expectation for recovery is more likely to result in more complete recovery and a higher likelihood of being able to return to work.

Fourth: It may be best to keep it simple. Spinal fusion is not always the answer. One study shoed spinal fusions often led to worse outcomes for workers’ compensation patients. Most patients in the study suffered from degenerative disc disease, herniated discs, or nerve root disease. These were compared to the results of 725 patients who had nonsurgical treatment for back pain.

The study showed 11 percent of the spinal fusion patients had permanent disability. Only 2 percent of the nonsurgical patients had the same. Spinal fusion patients were also more likely to need oploid drugs for pain management. About 25 percent of the spinal fusion patients returned to work – two-thirds of the nonsurgical patients returned to work.

Fifth: Make predictions. The company employing the patient has to set aside money until the patient is healed, to pay for medical care. Many physicians don’t like to make predictions, since they fear a mistaken prediction would lead to a lawsuit. Lawyers in Queens and Staten Island know, however, that the company will simply ask the physician to revise the prediction if the numbers are off.

Yoga Workshops in Colorado Can Help With Injuries

Sat, 12 May 2012 17:39:12 -0500

There may be relief for back injuries beyond common medical procedures.

A prominent yoga instructor has conducted workshops in Vail, Colorado, teaching for a weekend at a time. He himself is an athlete who suffered injuries and found ways to help heal himself through yoga. The instructor was once a competitive swimmer who suffered major spinal and shoulder injuries while training and competing. He knows all about the athletic life and what it takes to overcome injuries others might consider debilitating.

“We are really excited to have [the instructor] come back to us…” the yoga director at the spa told a reporter. “He knows how to zero in on low back pain and heal aching joints from overuse injuries through his system of teaching. I hope you come and experience his depth of knowledge.”

The instructor usually lives and teaches in San Luis Obispo, California, and travels all over the world to spread his form of healing. His techniques and practices have been written about by many and he even founded a leading eco yoga products company.

In his workshops in Queens and Staten Island, the instructor is very clear in his explanations, as he teaches his students to sharpen their attention and learn how to recognize the more subtle sensations of the body, often near the heart, belly, and pelvic floor. These help people heal from injuries. Whatever the issue might be, such courses help the student build all-important confidence.

“You will discover the ever-present tools of gravity and grace, that help uncover physical and mental limitations and through a strengthening awareness of the subtle body, begin a more natural and personal healing of current or old injuries,” the spa’s yoga director told a rep.
The yoga practiced by the instructor is particularly effect in helping people with limited mobility, whether through injury or other reasons. Its goal is to restore mobility without pain.

It is believed that the practices learned not only overcome some physical limitations but some psychological limitations as well. Even though the workshops is geared to those with spinal injuries, they are open to those without injuries as well, and to students of any level of experience.

Spinal Injuries Common in Nevada

Thu, 10 May 2012 12:50:45 -0500

As part of our search for spinal cord injury information, a source has learned that these types of injuries are fairly common in parts of Nevada. One of the local hospitals that treats an increasing number of spinal cord injuries is at Renown Regional Medical Center, which is located in northern Nevada, and is the areas only trauma center that is comparable to a larger area hospital.

One of the reasons for the number of spinal cord injuries in this area is due to most of these injuries occurring due to skiing accidents and the local businesses do not want the negative publicity that a skiing accident can be so severe. With that being the case, the local news stations do not report the accidents. There are so many skiing related accidents that the doctors who perform spinal surgeries in this area, actually “handle more surgeries per ski lift than anywhere else in the world.” There are reportedly about 60 to 80 spinal cord injuries a year in this area. This is a rather alarming claim by anyone’s standards.

Not all of the injuries are related to skiing, however. At least one person required a spine operation following a snowmobile accident. Most of the spinal cord injuries in this area are snow-related. This would not happen in Long Island or Manhattan.

Many of the spinal cord injuries in this area happen to visitors to the area. While the mention of a spinal cord injury brings thoughts of several weeks or months in rehab, there are many who leave the area within a few weeks of their accidents. Some patients, for example, have spinal injuries that are not as severe and are able to receive their treatment and rehab as an outpatient. It should be noted at this point that insurance plays a significant role in the treatment, as many insurance plans limit the amount of coverage provided for out of state treatment. It is these patients that receive rehab that lasts an average of about 30-days, and they must then return to their home and locate their own care provider.

Helicopter EMS – Making the Difference

Tue, 08 May 2012 17:21:37 -0500

Many of us have seen them in the air, and hopefully none of us will ever have the need to ride in one, but the helicopter EMS (HEMS) is a service that a person is very grateful is in service. Since most of us have never had the chance to see one of these wings of mercy up close, we thought it would be an experience to take a look at one of the companies that makes sure these helicopters and their crews have the necessary equipment for these flying trauma centers.

One of the largest and most respectable HEMS companies is Air Methods, out of Boulder, CO. Since 1980, the company has supplied products to the aviation industry, and it is one of the largest HEMS operators with about 40 percent of the U.S. market. However, as the rep learned, this is not the only part of their business model. Another part of their business includes making the interiors for the military medevac helicopters, such as the HH-60 Black Hawk, and the General Dynamics Stryker medical evacuation vehicle (MEV). They also developed the SCITS (spinal cord injury transport system) for the U.S. Air Force.

Further, a reporter also discovered that the company not only manufacturers these products, they also have their own engineering staff who designs them. Some of these designs include avionics, mission systems, medical interiors, patient loading systems, and a rather unique floor design that the company says stores blood with minimal spillage. The company with offices in Queens and Staten Island is also a subcontractor to both Sikorsky and General Dynamics. It is also a FAA approved parts manufacturer.

For those who may have read other stories from The Media and have wondered just what does a helicopter parts and medical interior manufacturer have to do with spinal injuries. For anyone who has ever been involved in a car or some other type of accident and has suffered from a severe spinal injury, these helicopter EMS units are one of the best sights that you have ever seen, for you know that you are in some of the best care the medical field has to offer. They truly can be called wings of mercy.

August 6, 2006 he noticed that O’Brien’s car was haphazardly parked along Church Lane

Sat, 05 May 2012 18:27:58 -0500

According to a Lawyer this is a case of driving while intoxicated involving minor accident. Robert O’Brien, according to Officer Wenzler who was also the sole witness to everything that happened testified that at about 8:45pm on August 6, 2006 he noticed that O’Brien’s car was haphazardly parked along Church Lane. He also noticed that O’Brien was asleep behind the wheels so he decided to take a closer look to investigate. Upon reaching O’Brien’s car, Officer Wenzler noticed that there was a half empty bottle of Smirnoff vodka in between O’Brien’s legs. He also noticed a couple of empty cans of Budweiser beer on the car floor, at O’Brien’s feet.

The driver’s window was half opened and upon reaching the driver’s side, Officer Wenzler immediately smelled the strong scent of alcohol from inside the vehicle as well as from O’Brien. He also noticed the strong smell of urine, evident from the soiled pants of O’Brien. Officer Wenzler also noticed that the front bumper of O’Brien’s car appeared to have “touched” the rear bumper of the car immediately in front of O’Brien. Upon inspection, there appear to have no major damage on both cars except from evident scratches and a minor dent on O’Brien’s car.

According to further investigation, a source said that when questioned by Officer Wenzler, O’Brien admitted that he was driving while drinking. Officer Wenzler asked for any identification, as well as license and registration which O’Brien was able to provide only after 5 minutes of looking for his wallet which was all along in the back pocket side of his pants. When O’Brien was asked to step out of his car, it was obvious from the way O’Brien moved while exiting his car that he was very much hung over or possibly still drunk. Further, according to Officer Wenzler, O’Brien had glassy stare and blood shot eyes which is very common to people who are overly intoxicated.

After administering several field sobriety test which O’Brien failed, Officer Wenzler then placed O’Brien under arrest and brought him to the police precinct where he was read his rights. Although there was no sufficient property damage, Office Wenzler said that he placed O’Brien under arrest on grounds of driving while intoxicated which O’Brien willingly admitted. This is not tolerated in Nassau and Suffolk.

This is now where the question and the discussion began. O’Brien and his lawyers are questioning his arrest wherein there was no sufficient amount of property damage other than the few scratches and minor dent that O’Brien’s car and the car immediately in front of him incurred when he tried to park while under the influence of alcohol. During the trial, still according to the Lawyer, there have been many comparison about this case to previous cases in the past which gave the case a lengthy discussion. In the end, the court decided that it will still need further proceedings and ordered both parties to appear in court on May 30, 2007.

Could Chiropractic Alignment Lead to Better Health?

Thu, 03 May 2012 14:12:35 -0500

One of the most fascinating things about the human body is the central nervous system. Although when speaking of the central nervous system, there are many whom almost automatically think of the brain. While the brain is an integral part of this system, it is in almost constant communication with the rest of the body by means of the spinal cord.

The spinal cord could be considered as the body’s super highway since this is where all of the body’s signals must pass either going to or from the brain. It is also on this highway that some massive congestion could occur if any of the roads are damaged for any reason. While there may be some obvious signs of damage, much of it actually occurs over time. From the time, we are infants making our way through the birthing process our spines are subjected to trauma. Each time we fall down the stairs, or from our bicycles, we experience trauma. Most of this trauma remains unknown and unfelt until we begin to accumulate some age under our belts.
If you have noticed how the aged slumps over with their backs bent crooked, have you thought that old age had just crept upon them? Have you wondered why the seniors spend so much time at a doctor’s office or require so much pain medication for their joints that just do not seem to work right anymore? These are the evidence of spinal damage that has been accumulating since the moment of our births. This is the damage that has both weakened and thrown our systems out of focus. Unfortunately, the only sure remedy for continuing to grow older is death. For most that is something to be delayed as long as possible.

When considering your options to how to improve your life, there may be one that could lead to a path to less pain and an improved overall health focus. The study done in Nassau and Suffolk Counties has found that Chiropractic has been known to improve health due to ensuring that the spine is properly aligned. When the spine is out of line, some of the connecting roads on our spinal cord superhighway can become pinched off and cause neural information to be unprocessed, which can create health issues including pain

In a recent study of over 1,000 NFL players, 60 to 70 percent have received at least one concussion during their career

Tue, 01 May 2012 18:24:38 -0500

One of the last requests former NFL player Dave Duerson made before taking his own life was that his brain by studied to help other players suffering from the same depression, memory loss and thoughts of suicide that plagued his life. Duerson took his own life after dealing with years of depression. Duerson wanted researchers to determine if he suffered from chronic traumatic encephalopathy. This disease, which may be caused by concussions, is considered a degenerative disease, which means that it only gets worse over time.

In a recent study, in Long Island and Manhattan, of over 1,000 NFL players, 60 to 70 percent have received at least one concussion during their career. Many former players complain of memory loss, depression and suicidal thoughts similar to Duerson. Some players have committed suicide while others live with painful neurological complications for the rest of their lives. In addition to the number of NFL players who have suffered painful injuries and long-term illnesses resulting from repeated concussions, it has been estimated that 50 high school football players have died or suffered permanent injuries over the past 10 years.

Dr. Daniel Amen, a respected neurologist and host of his own PBS show, says that football players will have to learn how to play the game without causing injuries to the heads of other players. This may mean learning new ways to tackle players. Dr. Amen states that better protective equipment may not fully protect players from concussions and other spinal injuries. He went on to say that while change is never easy, players will have to develop new ways of playing the game. Permanent change occurs when the brain creates new neural pathways. Once these new pathways are created, new habits may be learned.

Until the game changes, protecting the head from concussion is important to help prevent permanent injury to the brain. Removing players from the game and making sure they receive immediate medical attention are ways to help protect players and keep the game safe for everyone.

New Scientific Model May Help Spinal Cord Injury Patients and Physicians

Sat, 28 Apr 2012 18:21:34 -0500

A new scientific model may help spinal cord injury specialists more quickly determine whether a patient has a good chance of walking again before surgery and physical therapy. Current models include extensive tests that may not be as conclusive. The new model was developed in the Netherlands and is based on many different studies and findings by experts in the area of spinal injury.

Components of this model include a patients' age, range of current motor skills, and sensitivity to touch. Older tests, such as the AIS grading system, take much longer to perform and may not be as accurate. The researchers who compiled the information to create the new model claim specialists need to be experienced in performing physical examinations of those with spinal injuries in order to make a proper diagnosis using the components in the model. Many specialists in Staten Island and Westchester have the ability to perform these examinations and should be able to tell if a patient will be able to walk again.

This study about the new model was published in The Lancet. Many new studies are available at different times during the year and provide researchers around the world with new and useful information. Being able to predict quickly whether a patient will be able to walk again may prevent painful and unnecessary surgery or a grueling physical therapy regime that could cause additional injury. This may also lower medical care costs by allowing patients to leave the hospital earlier or reduce medications prescribed if additional surgery is not necessary to repair the spinal cord.

In addition to this new model, other advances in spinal injury care have been reported in journals such as PLoS One that include using human astrocytes to help speed up injury recovery by repairing nervous system injuries faster. Astrocytes are cells found in various parts of the body including the brain and spinal cord. These cells help the body repair itself after injury. Scientists have used animal astrocytes on animals and have seen good results.

Physical Exams and Tests Key to Determining Damage Caused by Spinal Injuries

Thu, 26 Apr 2012 19:41:24 -0500

Being involved in a trauma where an individual’s head or back is hurt is a scary experience. A doctor is going to want to rule out any spinal injuries. A doctor will need to do some physical exams and run various tests to determine if you have fractured thoracic vertebrae.

During the physical exam, a doctor will look for several different changes in the individual’s body. The exam will probably start with a thoroughly check of the back to determine if there are any deformities to a vertebral bodies or to the skin of the back. Simply looking at the back will tell the doctor much of the information he or she needs to know. Depending on the trauma, the back could have cuts, bruises, or deformities. In order to determine if there is any affected vertebra, a doctor will use his or her hands to see if the bones have shifted.

Not only will the back have bruises or deformities, but also the check of the individual could have an indication from the shoulder harness or lap seatbelt if involved in a car accident. Damage to the thoracic spine can cause paralysis and the doctor will try to determine the extent of the paralysis. Many times the individual may experience trouble moving different limbs; the most common problem is moving his or her legs. Other physical exams will include checking for pain, numbness, and sensations in the body that are not natural. Spinal cord injuries are also common with fractured vertebra so the doctor will test neurological functions. Expect tests of the body’s reflexes, range of motion, and sensitivity to touch.

The doctor may also need to run tests to determine the level of damage to the thoracic spine. If the examination suggests there is a fractured vertebra, the doctor will order an x-ray. CT scan and MRI may also help the doctor establish the severity of the injury. A completed CT myelogram will determine if any bone fragments has caused any harm. Routine lab tests along with a CBC with hematocrit and hemoglobin will be used to determine if there is any internal bleeding or stored in case any other tests will need to be conducted in the future. Urinary tests may need to be done to correct bodily functions. Doctors in Long Island and Staten Island are studying this case.

Surgery Reportedly Reduces Risk of Death in Spinal Injury Patients

Mon, 23 Apr 2012 17:00:56 -0500

New figures show that back injury patients are far less likely to die if they are operated on. The research presented at a conference suggests that surgery reduces the likelihood of death by up to 44% of spinal fracture sufferers. This study is in comparison to those who are just given bed rest and painkillers.

In the pioneering procedure, balloons are inserted into the fractures before the cavity is filled with bone cement; it is shown to have high survival rates. Experts in Manhattan and Long Island working with the study say that the first thing they want to prove is the benefits of the surgery in spinal fractures, and it will lead to better future treatments.

The Consultant Orthopedic and Trauma Surgeon at Croydon University Hospital said: “We’ve known for a long time about the benefits of minimally invasive surgical intervention in the reduction of pain but this is the first time we seem to have robust data showing that it can highly contribute to saving lives. Treating vertebral fractures by balloon kyphoplasty is cost effective and prevents people from lingering in pain. We now have even more compelling reasons to make sure that this procedure becomes the standard of care for spinal fractures and ensure more patients have access to it.”

The Professor in Orthogeriatric Medicine & Consultant Physician at QMC, Nottingham University Hospitals NHS Trust, added: “It is extremely positive news that such a significant number of deaths could be avoided by using bone cement injected into the spine, this data could cause a complete change in the way that we manage these patients. Clearly we need to review this data carefully to identify which patients would most benefit; eligible patients are diagnosed quickly and are offered interventions as appropriate.”

A doctor reports that as many as 230,000 people in Britain suffer from the spinal injury known as a vertical column fracture each year which leaves them needing an average 25.8 days in bed as well as suffering “long-term pain, decreased lung capacity, and physical deformity.”   Many are currently only treated with painkillers and bed rest, but a new study, presented at the spring meeting of the British Geriatric Society, shows for the first time that surgery is a far better option.   

Spinal Injury Treatments – From the Battlefield to the World

Thu, 19 Apr 2012 12:48:51 -0500

Modern medicine has experienced many advancements over the past 100 years. Many of these advancements have come from technology and pharmacological discoveries, while others have come to pass by scientific research and clinical trials. However, as one doctor has learned, many of these discoveries are a result of wartime experiences.

Contrary to many beliefs, both ancient and modern, there is nothing glorious about warfare. The grim truth of the matter is that there are at least two absolute facts about war: #1 In war young men and women die, and #2 There is nothing that anyone can do to change number one except stop the war. For some reason our species seems to have an overwhelming desire to destroy itself. There is however, some good that has come from our experiences in the battlefield. Many new methods to treat fatal spinal cord injuries have been learned by our battlefield experiences and have been transferred over to the civilian world.

One such example of learning such techniques occurred during WWII when many pilots were severely burned. Many of these pilots volunteered to be test subjects for a doctor by the name of Archibald McIndoe who pioneered the use of plastic and reconstructive surgery techniques that are still in use today. A study claims that another such example is that with beginning with the Iraq war and continuing into Afghanistan, the use of improvised explosives devices (IED) are in widespread use and have caused almost countless numbers of head and spinal injuries. Many of the techniques that battlefield doctors and nurses have learned in order to save the lives and limbs of these soldiers are making their way into the civilian medical community.

While serious spinal injuries are less common in the civilian world than what occurs on the battlefield, what medical science has learned from these experiences is benefiting society overall. Improvements in triage, patient transport, prosthetic devices, and rehabilitation are but a few of the many techniques and procedures that are not only saving lives but are also reducing immediate injuries from becoming a lifetime of hardship. Doctors in The Bronx and Brooklyn are studying these techniques.

Fish May Lead to Spine Cures

Mon, 16 Apr 2012 18:33:06 -0500

There is no way to repair the spine after catastrophic damage – at least not yet. Scientists have told sources that there may be a cure from an unlikely source: fish.

According to research, fish have the amazing ability to regenerate their spinal cords, not only able to heal spinal injury, but to have full restoration of function. In time, they can be as good as new.

Two scientists have been closely studying this ability and have related some of their findings to doctors. They are working hard to learn how fish regenerate their spinal cords, so they can replicate the same in humans. “To cure spinal cord injury would be amazing and incredible for people who are suffering,” said one biologist.

When a fish cell dies, it is “clean”, one of the biologists explained to a rep. Mammals, on the other hand, have massive necrotic cell death, which often inflames the surrounding tissue and spreads to other cells. Studies are underway in New York City and Westchester.

There 1.3 million people who live with spinal cord injuries in the United States today. The cost for treatment for these victims can range from $230,000 to $780,000 in just the first year. “Spinal cord injury is devastating to the individual, families, and society,” one of the biologists said. “The ultimate goal is to cure spinal cord injury.”

Scientists have known of the ability of fish to regenerate their spinal cords since the 1920s, but there was no real study of structural changes back then. Modern research goes deeper to understand what enables fish to recover fully from such devastating injuries. Fish who have parts of their spinal cords removed can recover as quickly as six to eight weeks.

“My laboratory has pioneered the large-scale identification of proteins involved in the individual regenerative processes.” “Our research has led to a fair understanding of healing wounds in the brain or spinal cord. This knowledge has led to a better understanding of the factors that limit regeneration in mammals, including humans.

“Humans have some regeneration potential. The trick will be to unravel the hidden potential of humans, and fish may show us how to do that.”

Ohio Officer Suffers Spinal Injury in Hit-and-Run

Sat, 14 Apr 2012 17:41:02 -0500

An Ohio police officer underwent surgery for major spinal cord injury after a hit-and-run incident, in which he was run over by a truck.

The 32-year-old officer was hit while he and a deputy with the Summit County Sherriff’s Office were searching the road for drugs that were thrown from a vehicle during a pursuit. As the officer returned to his cruiser, which had the emergency lights on, a pickup truck cross the center line and hit the officer hard enough to flip him into the air.

The officer sustained a broken vertebra. It is too early to tell what the long-term effects of the injury will be.

Ohio State Highway Patrol told Lawyers that the blood alcohol level of the pickup’s driver was more than three times above the legal limit when he was tested. They also stated the pickup driver had been convicted of drinking and driving three previous times.

“Obviously, it’s a very difficult time for all of us here,” a police sergeant said. “[The officer] is a very well-liked officer. We miss him around here already.” He went on to say the officer is married and has two young daughters. The officer had been with the police for 12 years.
“[He] was always there to make you laugh, make you smile, no matter the situation,” the sergeant explained. “As a matter of fact, my understanding was that when he was transported to the hospital, he was conscious and cracking jokes, even with his injuries. So that’s the kind of guy he is.”

The wife of the truck driver also had a statement, NYC Spinal Injury Lawyers have learned.
“I am so sorry,” she said. “I pray the [the officer] is okay… I have no control over what [my husband] does.

“[My husband] feels bad. He asked how [the officer] was doing. He didn’t even know the guy was there. He didn’t see him.” Doctors in The Bronx and Brooklyn are aware of this case.

The truck driver fled the scene and was captured the same night after he turned around and another officer saw the truck matched the description of the hit-and-run vehicle.
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This is an unfortunate accident that happened to Richard Jarrett

Thu, 12 Apr 2012 18:29:14 -0500

This is an unfortunate accident that happened to Richard Jarrett on September 4, 1972. Jarrett was a passenger in Mr. and Mrs. Kenneth Dell. At around 11 in the morning, the car driven by Mr. Dell had a flat tire along New York State Thruway. Mr. Dell promptly drove the vehicle on the left divider in order to avoid traffic. Unfortunately the jack in the car was defective so Mrs. Dell and Jarrett went out of the car and crossed the three southbound lanes, hoping that they can borrow a jack from somebody in the nearby golf course area.

As Mrs. Dell and Jarrett were coming back to their car, Jarrett carried the jack trailing Mrs. Dell by only a few feet. According to a source, from what Jarrett can recall, it was a clear day. Jarrett was carrying the large part of the jack on his left shoulder and the base on his right hand. Jarrett also testified that before he went ahead to cross the three southbound lanes, he looked to his left to see if there were oncoming traffic. He saw two vehicles approximately 500 yards (1,500 feet) away so started crossing. That was the last thing he remembered and the next thing he knew was he was already in the hospital being looked at by a doctor three months later.

Still according to a Lawyer, based on Mr. Dell’s story from where he was located, before Jarrett crossed the three lanes, there were three vehicles approaching approximately 1000 feet away. He saw the two other vehicles slowed down but the third vehicle, driven by Vincent Madifari, never slowed down. What he saw was when the two other vehicles slowed, Madifari’s car passed by them then swerved to the right. Unfortunately, Jarrett was already on that part of the road. Mr. Dell didn’t actually see the impact but heard impact and the next thing he saw was Jarrett on the ground.

On Madifari’s part, he had a passenger on that day, his wife. But he called no witness during the trial. He gave his own account of what had happened based on what he saw while he was driving. Just like Jarrett’s account it was indeed a clear day. Madifari testified that he could see at about 500 feet ahead. He was driving on the left lane which was the fast lane at about 45 miles per hour. He saw Mr. Dell sitting in front of his parked car but saw no one crossing the road. He was also aware of the two cars travelling on his right side. According to a report, Madifari did slow down because he really didn’t see anyone crossing until after the impact. This was very evident on the spinal injuries that Jarrett sustained because of the accident. Jarrett suffered brain damage and amnesia. He was also unable to use his left arm and was unable to resume work because of the memory loss. Doctors in Staten Island are aware of this.

It was discussed in length whether the car accident was a result of negligence on the either part. Who was at fault in this unfortunate incident. There were many arguments that were presented but it was evident that has Madifari saw Jarrett crossing the road, Madifari would’ve done something, slowed down or hit the breaks hard, had he seen Jarrett, based on the reports given to the rep.