Staten Island Live reported in a March 3, 2013 news article that a Staten Island justice dismissed a lawsuit filed after a slip and fall accident.
According to the court documents the woman claimed damages against Con Edison after an accident that resulted from the woman falling on a manhole that was covered. The woman went into premature labor as a result of the accident. After the birth, the woman learned that the child had autism. In the complaint filed, the woman argued that the injury caused autism sought damages.
In the judge’s reasoning, the justice stated that the damages sought could not be granted because the injury did not result from the accident. Specifically, the justice stated, â€œthe medical community has not established causes other than genetics or environmental factors for autism/PDD.â€ The decision went on to further state it was not the role of a jury to determine the cause of autism, especially where there was no medical research to suggest such a finding.
The complaint states that the woman did not suffer from any other injuries other than premature labor. At the time of the fall, the woman was only 34 weeks pregnant. As a result of the premature labor, the baby weighed only 5 pounds and 4 ounce. The baby had to be placed in intensive care for three days. The woman claims that she is considering appealing the complaintâ€™s dismissal.
If you have been injured, whether it was at the hands of a doctor or in a car, you should contact an attorney once you have received medical treatment. It is possible to receive a large cash settlement, often with an insurance company, for lost wages, pain and suffering and medical expenses, both past, present and future. Call 1-800-660-5299 Â to arrange for a free in person consultation with the law office of Jayson Lutzky. Visit us on the Web at www.MyNewYorkCityLawyer.com for further information.