26 The Courier sun • march 10, 2016 FOR BREAKING NEWS VISIT www.qns.com Legally Speaking By: Scott Baron, Attorney at Law LIVE INTERSECTION Advertorial Q: While crossing the street near an intersection, walking on a manhole cover, I experienced an electric shock. At that time, an electrician was in the process of performing electrical repair and maintenance work at the intersection, pursuant to a contract with the city. Various light poles had been removed and replaced by temporary ones, and a temporary overhead power line had been run. Stray voltage has been found in the area. A: Your attorney will seek to invoke the doctrine of res ipsa loquitur – to prove from circumstantial evidence that your accident resulted from an impropriety attributable to the work of the electrician. You must establish that the accident is of a kind that ordinarily does not occur in the absence of negligence, that the instrumentality causing the accident was in the exclusive control of the electrician, and that you did not contribute to this accident. Pedestrians are not subject to this kind of electric shock absent negligence. As to the element of exclusive control, the electrician was in the process of working at the intersection. You have told me nothing to indicate that you caused or contributed to this unfortunate occurrence. Rather, it appears simply that stray voltage had gotten loose. It is possible that the electrician will argue that it had no duty to a mere third-party. If so, your attorney will reply that the electrician had no right to launch a force or instrument of harm. Once the jury finds, under res ipsa loquitur, that the electrician negligently caused your electric shock, it necessarily follows that the electrician launched a force or instrument of harm. The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel. This article shall not be construed as legal advice. Copyright © 2015 Scott Baron & Associates, P.C. All rights reserved. 159-49 Cross Bay Boulevard, Howard Beach, New York 11414 • 718-738-9800 1750 Central Park Avenue, Yonkers, NY 10710 • 914-337-9800 1-866-927-4878 E-Z Tax Service of NY Inc. 161-12 Sanford Avenue • Flushing, NY 11358 347-438-1844 Does your tax preparer have these Income Tax Preparation Individuals • Partnership & Corporations HOLY WEEK & EASTER March 20 - Palm Sunday 8:00 & 10:30am Procession with palms, Reading of the Passion, Holy Eucharist March 24 - Maundy Thursday 7:00pm Foot washing, Holy Eucharist, Night Watch Also on Maundy Thursday 8:00pm Stations of the Cross by our children in the Parish Hall March 25 - Good Friday 1:30pm & 7:00pm Solemn Liturgy, Veneration of the Cross Also on Good Friday 8:00pm Passion Play Reading by our Youth in the Parish Hall March 26 - Easter Vigil 8:00pm The rst celebration of Easter March 27 - Easter Sunday Holy Eucharist 8:00 & 10:30am Easter Egg Hunt 12noon Beautiful Choral & Instrumental Music on Palm & Easter Sundays - 10:30am We invite you to join us at any of these Holy Week liturgies. Bring a friend! ZION EPISCOPAL CHURCH 243-01 NORTHERN BLVD. DOUGLASTON, NY 11363 718-225-0466 • WWW.ZIONEPISCOPAL.ORG THE EPISCOPAL CHURCH WELCOMES ALL • PARKING ON CHURCH STREET. laguardia community college is a place where you can ask questions, push boundaries and demand more of yourself every day. Your choice We offer 52 majors and options AffordAble 93% of our graduates have no student loan debt eAsY to get to conveniently located in Queens
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