Legal News That YOU Can Use

Spring 2010
Legal News That YOU Can Use
SUMMER 2013
Ziff Law Represents 70 In Lawsuit
A Corning Hospital Nurse Potentially Exposed Patients To Deadly Diseases
By Christina Sonsire
JIM REED
Injury & Malpractice Law
be overlooked by a registered
nurse,” Adam said. “Because of
the malpractice committed by
this nurse, hundreds of patients
were potentially exposed to these
deadly diseases.”
ADAM GEE
ADAM GEE
Injury & Malpractice Law
CHRISTINA SONSIRE
Injury & Malpractice Law
SUE DAUBNER
Divorce & Family Law
In This Issue:
•Ziff Law Represents
70 Patients In Lawsuit
•Ziff Law’s Christina Sonsire
Wins $2.1 Million Award
•Make N.Y. Roads Safer
For Cyclists
•Local Business Spotlight:
Chapel Lumber
•Christina’s CLE Seminars
•Remembering Bert Ziff
•Star-Gazette Readers Vote
Ziff Law Firm The Best Twin
Tiers Law Firm For 2013
•Our Free App Helps
Crash Victims
Ziff Law’s Adam Gee has filed a medical
malpractice lawsuit on behalf of 70 Guthrie
Corning Hospital patients who were potentially
exposed to hepatitis B, hepatitis C, HIV and
a host of other communicable diseases when a
registered nurse used single-use saline syringes on
multiple patients.
Adam initially filed the lawsuit in March in
Chemung County Supreme Court.
Guthrie Corning Hospital admitted in a letter
it sent to 236 affected patients that a registered
nurse did not follow proper procedure when she
reused single-use saline syringes to flush multiple
IV lines between Oct. 15, 2012, and Jan. 29,
2013. The single-use saline syringes are used to
flush IV tubing before and after medication is
administered, and are used periodically to keep
IV sites open and unobstructed.
Adam has had these patients sitting across the
desk from him, and they are frightened that they
will get sick or infect another family member.
They are mothers and fathers, husbands and
wives, and grandparents who are afraid to have
physical contact with family members. They have
to undergo periodic testing to see whether they
are sick, and each time they are tested they are
forced to hold their breath awaiting the results,
which could be a death sentence.
We know that the 236 people potentially
exposed to these deadly diseases were all folks
who were admitted to the hospital for surgery
or illness. Many of them may not understand
the letters that were mailed or they may be too
scared to know what to do. We are available to
answer anyone’s questions concerning this case
and to explain their rights.
They can email us at
corningsyringeinfo@zifflaw.com
or call us 24 hours a day at
1-800 ZIFF LAW.
The hospital’s letter urged the 236 patients to be
tested for hepatitis and HIV at regular intervals
for the next year.
Records obtained from New York State reveal
that at least two of the 236 people treated
with the reused syringes had been previously
diagnosed with hepatitis.
“It is shocking that a concept as simple as using
a single-use syringe on only one patient could
303 William Street, Elmira, NY 14902 • Phone: 607-733-8866 • Toll Free: 800-ZIFFLAW • www.zifflaw.com
Legal News_NL_SUMMER_2013.indd 1
9/10/13 2:07 PM
Ziff Law Firm Summer 2013 Page 2
Christina Sonsire Earns $2.1 Million Award
Jury’s Verdict Helps 7-Year-Old Girl Who Suffered Injury At Birth
By Jim Reed
JIM REED
Attorney Christina Sonsire of the Ziff Law
Firm has made a huge difference in the
lives of an Otsego County family. In April,
Christina won a major medical malpractice
verdict for the family’s 7-year-old daughter,
who suffered an injury at birth.
The girl was awarded $2.1 million by a jury of three men and
three women at the conclusion of a three-week trial in the
Supreme Court of Otsego County in Cooperstown. Christina
was the trial attorney representing the family.
Christina worked day and night for more than a month to
earn this incredible verdict. It goes to show you that when you
combine hard work, intelligence and fearlessness, great things
can happen.
Christina is proud to have observed the rule of law serve its purpose.
“It was amazing to see our legal system truly work. The
defendants never offered a penny to settle the case, but the
jurors understood what was happening and refused to deny
the child justice,” she said. “I was never more proud to be a
lawyer than when I heard the verdict read aloud in court.”
At the Ziff Law Firm, we are so happy for this young girl,
who deserves compensation for the injuries inflicted upon her by
medical personnel. She was lucky to have Christina as her attorney.
Two key points from the trial, according to Christina:
• The jury found that the midwives at Mary Imogene
Bassett Hospital in Cooperstown did not provide
appropriate prenatal care for the girl’s mother, and
midwife Patricia Brown injured the child by pulling too
hard on her head during delivery. As a result, the child
suffered an Erb’s palsy injury, in which a child suffers
permanent paralysis of an arm as a result of excessive
traction placed on the baby’s head and neck at birth.
Legal News_NL_SUMMER_2013.indd 2-3
“Christina brings a unique
combination of talent,
intelligence and drive to
her work as a trial lawyer, as
well as an acute sensitivity
to issues involving women
and birth trauma. She was
able to present this highly complex case in
a way the jury could fully understand. She
is truly remarkable.”
-Joseph Lichtenstein
• Attorneys across the country were paying attention to this
trial because the defendants claim the injury happened
before the girl was born as a result of the mother’s
contractions, called the ”natural forces of labor defense.”
After listening to days of testimony about the science
underlying this defense, the jury outright rejected it. The
case will have national significance in all future Erb’s palsy
litigation of this type of case as the debate regarding the
natural forces of labor defense continues.
Christina worked with two attorneys who are experts in Erb’s
palsy cases, Long Island attorney Joseph Lichtenstein and
Mark Bower of New York City. Christina is currently working with
Joseph and Mark on another Erb’s palsy case in Steuben County.
Joseph, who was hired to represent the Otsego County child,
brought Christina in to try the case after he observed her to be a
talented litigator. He praised Christina’s work in the courtroom.
Ziff Law Firm Summer 2013 Page 3
A Class Act
Christina Sonsire says she’s a teacher and student when she lectures other trial lawyers.
By Adam Gee
It’s easy to understand why Ziff Law’s
Christina Sonsire excels at teaching CLE
classes for trial lawyers.
“Working as a trial lawyer is like being a
teacher for the jury,” she said. “I like to take
complex problems, break them down and
provide real-world examples.”
ADAM GEE
During the last three years, Christina has taught two-hour
Continuing Legal Education classes on jury selection, opening
statements and other subjects for members of the New York
State Academy of Trial Lawyers. The schedule is challenging
– it takes about 30 hours to prepare each lecture, then she
teaches in classrooms from Long Island to Buffalo – but she’s
excited to have the opportunity.
“I take any chance I can find to help other lawyers, and doing
all of the prep work forces me to think about what I do in
court and see how I can improve.”
She recently taught Direct Examination, which she calls the
most difficult part of a trial to manage. “It’s really hard to pull
it off well because it’s the only time in a trial where you are
surrendering control. You have to let your witness go a little
bit. Otherwise, it seems too staged.”
Her favorite class, though, is Opening Statements, because it
takes a lot of creativity to do it well. “You’re telling a story, but
you’re weaving in things you need to talk about with the jury
and trying to make it sound interesting. I’ve learned a lot of
new techniques in these classes and seminars.”
The lectures are designed for new practitioners, but the
classroom give-and-take during discussion periods is helpful
for all attorneys.
“Each time I teach, I come away with a greater knowledge of
what I teach,” said Christina, who has worked in more than
25 trials in her first eight years as a lawyer. “There are always
lawyers in the room who have been practicing for 30, 40 or
50 years, so with all that experience, I often look to others to
see how they have handled certain situations.”
Thanks to the classes, Christina’s network of legal contacts
across the state has grown rapidly. “I have a lot more
colleagues to reach out to if I need advice or help. Teaching
has been a great experience.”
Ziff Law To
Host Monthly
CLE Seminars
Starting In
September
See Page 6
9/10/13 2:07 PM
Ziff Law Firm Summer 2013 Page 4
Make N.Y. Roads Safer For Cyclists
Sheriff ’s Mistake In Bicyclist’s Death Points To Need To Clarify Safe Passing Distance Law For Vehicles
By Jim Reed
The recent death of a bicyclist in Fulton
County is a tragic reminder of how New
York State needs to sharpen its safe passing
distance law to better protect bicyclists.
As an avid bicyclist and an attorney
who has represented hundreds of bicycle
accident victims and their families, I was
saddened when I learned that a county sheriff misunderstood
state law in reaching the wrong conclusion in the accident.
JIM REED
Injury &
Malpractice Law
Fulton County musician Ed Lakata was riding his bicycle
on June 25 when he was struck from behind by a pickup
truck driven by 48-year-old John Damphier, according to the
Schenectady Daily Gazette. Lakata was killed instantly. He
was 55.
Damphier, who was not charged, told police that Lakata was
struggling to ride his bicycle up a steep incline, and Lakata’s
bicycle “wobbled right into the side of the truck,” Fulton
County Sheriff Thomas Lorey told the Daily Gazette.
“It was an accident in the truest sense of the word,” Lorey said.
Lorey also said the white line between the shoulder and
driving lane, called the fog line, is used to determine fault in
bicycle accidents. “The accident happened very near the white
line, but we couldn’t gather proof that anyone crossed over,”
he said.
Ziff Law Firm Summer 2013 Personal Service, Employees Are Keys To Success For 100-year-old Southport Lumber Yard
By Jim Reed
First, state law does not determine fault based solely upon
which side of the fog line a collision occurs.
In addition, state law is clear that any motorist approaching
a cyclist from behind may only pass that cyclist when there
is a safe distance to pass that cyclist. Vehicle and Traffic Law
Sec. 1122-a says, “The operator of a vehicle overtaking, from
behind, a bicycle proceeding on the same side of a roadway
shall pass to the left of such bicycle at a safe distance until
safely clear.”
Motorists are required to slow or stop behind a cyclist if there
is not a reasonably safe distance to pass a cyclist.
Even though the state law providing for a safe passing
distance was a great first step for cycling safety when it was
passed in 2010, I believe that New York would be better
served by a law adopted in many other states that mandates
a specific passing distance – usually three feet, but four feet
in some states, rather than the more abstract “safe passing
distance” standard applied in New York.
As a member of the board of directors of the New York
Bicycling Coalition, I am urging the coalition to advocate for
an amended passing law in New York.
Page 5
Local Business Spotlight: Chapel Lumber
The sheriff is wrong in two ways about a white line analysis of
fault in New York State cycling cases:
Second, because state law treats a bicyclist like any other
vehicle, there are many occasions when a cyclist has a legal right
to be to the left of the fog line, and is not at fault for being in
the travel lane, if they need to use it for their own safety.
JIM REED
Injury &
Malpractice Law
Bill Beecher knows how to throw a party.
Jim: Tell me about your business.
In May, the president of Chapel Lumber
invited 250 of his closest friends to
Southport to celebrate the 100th
anniversary of his family-owned lumber
yard. It was a day he’ll never forget.
Bill: Most of our business is in lumber and plywood, but we
also do a lot of windows and doors, and kitchens and baths.
We also have insulation, roofing, siding, Sheetrock, concrete,
paint, nails, you name it. We offer anything and everything
you need to remodel, build new and fix. We recommend
installers, because our philosophy on installed sales is that we
should not be taking business away from our customer base.
“We had a great time with our employees, customers and
other friends, vendors and local dignitaries,” said Bill, who is
the third generation in his family to run Chapel Lumber. “It
was everything I hoped for and more. We took time to reflect
and reminisce about the past, celebrate the present, and look
to the future.”
Chemung County
Executive Tom
Santulli was on hand
to present Bill with a
plaque in recognition
of the anniversary.
Linn S. Chapel
and Harry H.
Hays started the
BILL BEECHER
company in 1913 as
Chapel Lumber, President
a coal company and
brought in Hays’ son-in-law (and Bill’s grandfather), James
R. Beecher, in 1925. James took over as president in 1943, and
Bill’s father, John, took over in 1966. Bill was named president in
2003 and John died in 2004.
Bill, 48, and wife Natasha have two sons, Bryce, 15, and
John, 12, but his Chapel Lumber family is much bigger. “The
successes and struggles of our 27 full-time employees are also
a big part of my life, and I wouldn’t have it any other way,”
Bill said. “My dad always said he had two families, the one at
his house and his work family. I feel the same way.”
The business still thrives in the era of big-box retailers because
of its dedicated workforce, Bill said.
“We have a lot of expertise here,” he said. “Two of our
employees have been here 49 years, and we have others who
have been here more than 30 and 40 years. Our employees are
the biggest reason we have reached the milestone.”
We are members of the Lumbermen’s Merchandising Corp. and
the Northeast Retail Lumber Association. They advocate for
the little guys like Chapel Lumber and give us the same buying
power as the big box stores when we are ordering supplies.
Jim: How has the industry changed in the last 10 to 20 years?
Bill: The big box stores have tried to take over. Longtime
residents know we’re here and like us, but people new to
the area look for the stores like Lowe’s and Home Depot
because that’s what they know. There may not have been an
independent store like Chapel’s where they came from. If
we can get new customers in the door, and show them our
facility, and show them what we are capable of doing, we can
gain their trust and show them the value we can add to their
lives. Give us an opportunity and more often than not we
can compete with the big stores. Give those people who are
reinvesting back in our community the opportunity to show
you what we can do for you.
Jim: What sets Chapel Lumber apart from the big box stores?
Bill: If I called one of the big box stores and ordered lumber
and needed it delivered tomorrow, or in the next two hours,
it would probably not happen. It is typically going to be two
to four days. They will deliver it at their convenience, not the
customer’s. But if you call us, and you’re in a hurry, we can
usually have it there in two to four hours or sooner. That’s
how we make a difference.
Jim: What is the most rewarding part of being a locally
owned business?
I recently chatted with Bill about his business and the
importance of buying local:
Legal News_NL_SUMMER_2013.indd 4-5
9/10/13 2:07 PM
Ziff Law Firm Summer 2013 Page 6
Ziff Law to Host NY & PA CLE Seminars
Nine Monthly Lecture-And-Discussion Sessions Begin Sept. 19
By Sue Daubner
Ziff Law Firm partner Christina Sonsire and the New York State
Academy of Trial Lawyers will hold a series of nine Continuing
Legal Education (CLE) seminars at our law firm starting Sept. 19.
Lawyers in the Twin Tiers can earn up to 20 CLE credits to meet
both New York and Pennsylvania requirements.
The seminars will be from noon to 2:30 p.m. on the third
Thursday of each month from September through May at
the Ziff Law Firm at 303 William St., except for the Nov. 21
seminar, which will be from noon to 4:30 p.m. at Tanino’s Italian
Restaurant in Horseheads. This special session will include two
lectures by Christina Sonsire, with local attorneys providing
demonstrations of jury selection and opening statements.
The series is free for Academy members. For all others, registration
is $250 to join the Academy and attend all nine seminars, or $100
for each program. Lunch is provided at each event. There is an
additional fee of $1.50 for each Pennsylvania credit.
The seminars will include presentations by lawyers on different
aspects of trial law each month and a 30-minute roundtable
discussion open to all participants.
Lawyer Paul Isaac will present the first seminar, Settling Your Case
and Sleeping at Night, on Sept. 19.
To register: Call 518-364-4044 or go to www.trialacademy.org.
To learn more: Christina Sonsire, csonsire@zifflaw.com.
Dec. 19: An Ethics Highlight Review, by lawyers Michael Ross
and Clifford Roberts.
Jan. 16: How to Make Social Media Your Friend: Litigating in
the Digital Age, by lawyers Glenn Verchick and Pery Krinsky.
Feb. 20: The Psychiatric and Psychological Aspects of Personal
Injury: Bringing it Home to the Jury, by lawyer Daniel Santola
and Dr. Angela Hegarty.
March 20: Birth Trauma Malpractice, by lawyers Mark Bower
and Paul Casi, and registered nurse Nursine Jackson.
April 17: ABCs of EBTs, by lawyers Glenn Verchick and A.J. Smith.
May 15: Meaningful Mediation, by Hon. Allen Hurkin-Torres,
and lawyers David Paul Horowitz, Bruce Ressler and Frank Quinn.
Jim: You are chairman of Southern Tier Economic Growth
and spoke in February at the Chemung County Chamber of
Commerce Economic Forum. What was your message?
Bill: Give the little guys a chance. We can compete with the
big stores. We compete with them on a daily basis and beat
them when given the opportunity. Being smaller doesn’t make
us weaker; in fact, it makes us stronger. We can react to a request
for supplies within hours and keep our customers satisfied.
Legal News_NL_SUMMER_2013.indd 6-7
continued
When you have a need, big or small, think of your local
options and at least give them the opportunity to get your
business. That way, the money stays in our community and is
reinvested here.
Page 7
Ziff Law Firm Founder Dies At Age 97
By Jim Reed
Oct. 17: Proving Damages at Trial, by lawyers John
Bonina, Glenn Verchick and James Modzelewski; Harold
Bialsky and Dr. Frank Tinari.
Nov. 21 (noon to 4:30 p.m., Tanino Ristorante Italiano in
Horseheads): Rethinking Basic Trial Skills: Jury Selection and
Opening Statements, by lawyer Christina Sonsire with guest
appearances by local lawyers.
Remembering Bert Ziff
The remaining schedule:
Local Business Spotlight: Chapel Lumber
Bill: Providing everyone that works here a good opportunity
to live comfortably. I love that I can contribute in my
community. I grew up here and my sons are growing up here.
It’s an incredible place to live and I hope my kids will be
interested in following their father’s example.
Ziff Law Firm Summer 2013 JIM REED
Bertram “Bert” Ziff was tougher than
nails but compassionate. Ask anyone who
knew him in the Chemung County legal
community and they’ll have a story that
reveals the tough but caring sides of the
founder of the Ziff Law Firm.
Injury &
Malpractice Law
Bert, who died July 20 in California at
age 97, didn’t care if someone was a bank president or its
custodian. If you were his client, he believed you deserved the
best representation he could provide and he worked tirelessly
to make sure his clients got his very best.
Bert retired in 1992, but I had the pleasure of working with
him for six years, right after I graduated from law school. It
was fascinating and terrifying – fascinating because Bert was
an incredible lawyer who remembered every detail of every
case, every law he ever researched, and every juror, witness or
judge he ever met; terrifying because Bert pulled no punches.
If he didn’t like your work, he’d tell you in a very loud and
forceful way.
You want proof that Bert was tough as nails? He beat lung
cancer at 90.
Carl T. Hayden, Ziff Law’s retired
managing partner, worked with Bert for
almost 40 years and called him a giant
in the Elmira legal community. “Bert’s
reputation extended for hundreds of miles.
Nothing struck greater fear into the hearts
of opposing counsel than the prospect of having to litigate
against Bert Ziff,” Carl said. “For a half-century, he set the
standard by which all other trial lawyers were measured. He
was brilliant, tenacious,
fearless and formidable.”
Bert founded our law firm
in 1946 after proudly
serving as a member of
Army Intelligence Services
during World War II. He
graduated from the Cornell
Law School in 1938.
Bert was survived by
his wife, Elinor; two
daughters and sons-in-laws; two granddaughters and several
nieces and nephews.
In addition to his special time with family, Bert loved
racquetball, fishing, gardening and building elaborate
dollhouses with his wife that were donated to the Rotary Club
to be raffled.
At Bert’s funeral, in one of the many poignant moments, his
family said in his final days, he started having dreams that he
was back in the office and late for a partners’ meeting. That
resonated with me because that was classic Bert – even at age
76, when many of his peers had already retired – Bert was still
working every day and always thinking about his clients and
how he could help them.
The law firm Bert founded still adheres to his high standards,
and we still believe in the zealous representation of our friends
and neighbors.
Star-Gazette Readers Vote
At Chapel’s, we consider it an honor and a privilege when we get
the opportunity to provide our region with building materials
and guidance with projects. We don’t take it for granted, and we
appreciate every opportunity with our customers.
Chapel Lumber
1041 Caton Ave. | Elmira, NY 14904
(607) 734-5221
www.chapel-lumber.com
Hours: 7:30 a.m. to 5 p.m. weekdays; 7:30 a.m. to 2:30 p.m.
Saturdays; closed Sundays.
The Best Twin Tiers
Law Firm For 2013
9/10/13 2:07 PM
Ziff Law Firm Summer 2013 Page 8
PRSRT STD
US POSTAGE
PAID
PERMIT #419
FORT MYERS, FL
303 William Street, Elmira, NY 14902-1338
Christina Sonsire
Wins $2.1M Medical
Malpractice Award for
7-Year-Old Girl
See Page 2
Jim Reed Fights
To Make NY State
Roads Safer
For Bicyclists
See Page 4
ATTORNEY ADVERTISING
The information included in this newsletter is not intended as a substitute for consultation with an attorney. Specific conditions always require consultation with appropriate legal professionals.
Our Free App Helps Crash Victims
Our clients at the Ziff Law Firm often ask us, “What should we do
if we are in an accident?” Most people don’t think of protecting their
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That’s why Ziff Law has created free apps for iPhones and Android
phones that take you step by step through collecting information to
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Our free Ziff Law Accident App will help you understand what to
do – and what not to do – immediately after an accident. Our app
will help you respond appropriately and wisely in a difficult time.
The app is useful to ANYONE involved in an accident: motorists,
motorcyclists, bicyclists and pedestrians. The same information should
always be promptly recorded.
The Ziff Law Accident App keeps it simple by presenting you with
things you SHOULD be doing in the moments after a crash: collect
contact and insurance information from the other driver, contact
information from witnesses, take photos of the accident scene
and more.
The apps feature:
• A camera, voice recorder, text notepad and drawing pad to record
all data.
• A valuable FAQ section that tells you about the proper procedures to
follow after an accident.
Legal News_NL_SUMMER_2013.indd 8
•
•
The forms needed to collect information from other people
involved, including drivers, witnesses and passengers.
A GPS locator, which records traffic
patterns and driving conditions.
For the free iPhone app:
http://itunes.apple.com/us/app/ziff-lawauto-accident-app/id490495445?mt=8
For the free Android app:
https://play.google.com/store/apps/
details?id=com.ZIFFLAW
We believe we have the first law firm
app of its kind in Upstate New York and
Pennsylvania! The Ziff Law Firm has
always prided itself on staying on the
cutting edge of the latest technology, and
we love technology that helps our clients.
The Ziff Law Firm has provided New York and Pennsylvania residents
with expert legal counsel for more than 60 years.
To learn more, go to Zifflaw.com or
call 607-733-8866 or
toll-free 800-ZIFFLAW (943-3529)
9/10/13 2:07 PM