40 THE COURIER SUN • MARCH 26, 2015 FOR BREAKING NEWS VISIT www.couriersun.com NEED A GETAWAY? Scheduled Bus Trips All Year Round Over 300 Tours to Choose From Five Convenient Pick Ups in NYC Call For Free Brochure 2015 Motorcoach Tours & Charters Air & Land Packages Airline Tickets Domestic & International Cruises 718-238-2284 6812 3rd Avenue Brooklyn, NY 11220 www.lmtours.net info@lmtours.net 888-238-2220 (outside NYC) • Penn Dutch Amish Trip; Lobster Feast • Philadelphia; Baltimore; Boston; Annapolis • Washington, DC Cherry Blossom • Sight & Sound Theatres - Moses & Joseph • Cape May Bird Cruise; Victorian Cape May • Florita - Key West, Miami & More • Maine, New Hampshire, Vermont, RI • Niagara Falls & Toronta; Montreal & Quebec • Ottawa & 1000 Islands, Canada • Michigan; Mall of America; Chicago • Casinos, Shows, Train/Boat Rides & More 718-238-2284 6812 3rd Avenue • Brooklyn, NY 11220 www.lmtours.net • info@lmtours.net Advertorial Legally Speaking By: Scott Baron, Attorney at Law LIVE INTERSECTION 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 thirdparty. 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 1750 Central Park Ave, Yonkers, NY 10710 718-738-9800, 914-337-9800, 1-866-927-4878 APRIL 3 THROUGH APRIL 12 JAVITS CENTER | AUTOSHOWNY.COM Buy Tickets Online or At The Door Tickets are just $16, children $7 Save on discount rail and show packages with LIRR and Metro-North at mta.info NY Waterway combo tickets also available at AutoShowNY.com RECORDED INFO: 800-282-3336 For security purposes, no backpacks allowed, random security and bag checks. An activity of the Greater New York Automobile Dealers Association. White Star Limousine was founded in 1952 and has been family owned and operated for over three generations. Ask us about the specials we o er for you next special event WWHITESTAR LIMOUSINES 20 Jericho Turnpike, New Hyde Park, NY 516.233.2911 www.whitestarlimousine.com
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