Recent Blog Posts in 2009

Buffalo personal injury law firm Cellino & Barnes has presented the University at Buffalo School of Law with a $1 million unrestricted donation. In response, UB Law Philanthropy selected firm attorneys Ross Cellino and Steve Barnes for a cover story in the magazine's Fall 2009 issue. According to the article, the $1 million gift from Buffalo lawyers Cellino and Barnes is one of the largest cash gifts the law school has ever received.

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Cellino & Barnes - Personal Injury Attorney Michael J. Cooper

Our clients were on the job working as City Garbage Collectors, when their vehicle was t-boned by a truck that ran a red light.

As a result of this truck accident, our clients suffered injuries to their back, knee, neck and head. Both clients underwent spinal fusion surgeries.

Attorney Michael Cooper prepared the cases for trial and hired some of the best experts in the country, including accident reconstruction experts. As a result of his thorough preparation, the insurance companies, on the eve of trial, finally agreed to his settlement demand of $1.75 million and $1.5 million, respectively.

"Michael Cooper's thorough preparation and determination to proceed to trial was a key to the outcome of this case," stated Ross Cellino.

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A jury found that Paxil caused heart problems and other birth defects when used by a pregnant mother. The maker has to pay $2.5 million for not warning about the side effect.

Buffalo Law Firm Cellino and Barnes has announced that their Community Scholarship program has reached a milestone of awarding over $125,000 in classroom scholarships. 

The program awards local elementary school classrooms a "scholarship" that can be used for school supplies, projects, and educational materials. The firm awards 10 scholarships each week to applicants that enter online through the Cellino and Barnes website.

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Cellino & Barnes is proud to announce that 6 of its Buffalo attorneys are listed in the 2010 edition of Best Lawyers in America.

Attorneys Richard J. Barnes and John C. Murrett, Jr. join Stephen E. Barnes, Brian A. Goldstein, Gerald W. Schaffer, Jr. and Robert J. Schreck in what is the oldest and most respected peer-review publication in the legal profession.

The Best Lawyers in America has ranked Cellino & Barnes #1 in Buffalo, NY in Personal Injury Litigation with 6 attorneys.

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Attorney, Ross Cellino, who works in both the Rochester and Buffalo offices, weighs the impact of the New York State Senate legislation that will toughen teen driving laws. Not only will it be illegal for drivers of all ages to text message while driving, but the bill further requires that a learner's permit must be held for at least 6 months before a junior license can be obtained. In addition, if there is no adult in the vehicle with a junior driver, the number of non-family members allowed in the vehicle will be reduced to one.

Rochester, NY residents may find the news timely and encouraging. Many have been affected by the recent news involving three Rochester teens killed in car accidents, as well as the five area teens killed last year as a result of texting while driving. Parents often worry about the safety of their young adults, particularly when they are driving with their friends.

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Buffalo lawyers of Cellino and Barnes have been honored with selection into the 2009 edition of New York Super Lawyers, as well as a Rochester attorney. The honored lawyers include buffalo lawyers Richard Barnes, Denis Bastible, Stephen Ciocca, and David Goodman, and Rochester attorney, Richard Amico.

Super Lawyers is comprised of outstanding lawyers recognized by their peers for professional achievements. Each lawyer must undergo a statewide nomination process, review of resumes and peer evaluation by practice area. Only 5% of lawyers in Upstate New York are named to the list. Cellino and Barnes' buffalo lawyers are available through http://www.cellinoandbarnes.com/Home/Buffalo.aspx.

"Cellino & Barnes is comprised of many outstanding lawyers," stated Ross Cellino. "We are proud that several of our attorneys have been highly recognized."

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The New York State Senate recently passed legislation that will toughen teen driving laws.

Not only will it be illegal for drivers of all ages to text message while driving, but the bill further requires that a learner's permit be held for at least 6 months before a junior license can be obtained. In addition, if there is no adult in the vehicle with a junior driver, the number of non-family members allowed in the vehicle is reduced to one.

Many of us have been affected by the recent news involving three area teens killed in car accidents, as well as the five area teens killed last year as a result of texting while driving. As parents, we often worry about the safety of our young adults, particularly when they are driving with their friends.

According to the National Highway Traffic Safety Institute, in 2007, New York State reported 236 fatalities involving teen drivers. They also found that two-thirds of fatal crashes involving 16-year-old drivers were in cars with teen passengers.

"It is encouraging that New York State is doing something to try to prevent teenage driver fatalities," states attorney Ross Cellino.

If Governor Paterson signs this bill, the text messaging ban will take effect on November 1, 2009 and will ban both text messaging and transmission of e-mails while driving. Drivers are still permitted to use hands-free devices to talk while driving.

Via NewYorkInjuryNews.com

July 31, 2009 - A Rochester man, while driving his pickup truck, jumped the median and collided with a minivan on Macedon Center Road in the Town of Perinton.

The driver of the pickup truck, a 32-year-old Rochester man, suffered serious injuries to his chest and arms. He was airlifted to Strong Memorial Hospital.

The driver of the minivan, a 47-year-old woman from Macedon, suffered minor injuries in the auto accident and was transported via ambulance to Strong Hospital.

Police continue to investigate the accident.

Via WCBSTV.com

Aug. 3, 2009. Three people died in a Long Island car crash overnight on Wantagh State Parkway.

A car traveling on relatively quiet stretch of highway veered off the roadway and struck a tree. Three people in the car were pronounced dead at the scene. A fourth passenger was taken to Nassau University Medical Center in critical but stable condition.

State police are still investigating the fatal accident but believe speed was a factor.

Via NewYorkInjuryNews.com

Aug 3, 2009 - Three people were injured in an auto accident when the driver of a tow truck struck a car at an intersection. The tow truck driver hit the back of the vehicle causing it to swerve out of control and crash through a resident's backyard fence.

The car and motorcycle on the back of the tow truck flew off, damaging a residential home, destroying the air conditioning unit and the house's gas lines, ultimately landing in a swimming pool.

The woman driving the car in this auto accident was transported to ECMC via helicopter for her serious injuries. An 8-year-old passenger was taken to Women and Children's Hospital for her injuries. Their car was totaled.

Truck driver has been charged with talking on a mobile phone [while driving], following too closely, and reckless driving. He was talking while driving and texting while driving on two separate mobile phones at the same time.

During the 2008-2009 hockey season, Cellino & Barnes partnered with Derek Roy to help support Juvenile Diabetes. Each time Derek scored a goal during the regular season, Cellino & Barnes agreed to donate $1,000 to help fight Juvenile Diabetes.

Cellino & Barnes is proud to announce that Derek Roy scored 28 goals this season, which resulted in $28,000 being donated to Juvenile Diabetes.

Recently, Ross Cellino delivered checks to Mary Ann Fox, Executive Director of the Rochester Chapter and Karen Swierski, Executive Director of the WNY Chapter of Juvenile Diabetes. Each Chapter received a check in the amount of $14,000.

At Cellino & Barnes, we believe water safety is very important. Memorial Day weekend is a popular time for many New Yorker's to open their pools for the swimming season and to gather at area waterways. The following safety tips may help keep you and your loved ones safer around the pool and at the beach.

Pool Safety Tips

1. Place a fence or wall around your pool, at least 4 feet high.
2. Keep furniture that could be used for climbing into the pool area away from fences.
3. Don't leave pool toys and floats in the pool. They may attract young children to the water.
4. Make sure ladders are secured and locked or removed from the pool when not in use.
5. Invest in a pool alarm.
6. Never leave a child unsupervised near a pool.
7. Do not allow a young child in the pool without an adult.
8. Do not use flotation devices as a substitute for supervision.
9. Learn CPR.
10. Keep rescue equipment by the pool, including a telephone.

Beach Safety Tips

1. Learn to swim
2. Swim near a lifeguard
3. Never swim alone
4. Supervise children closely, even when lifeguards are present
5. Don't rely on flotation devices, such as rafts, you may lose them in the water
6. If caught in a rip current, swim sideways until free, don't swim against the current's pull
7. Don't consume alcohol and then go swimming
8. Don't dive into unfamiliar waters go feet first
9. If you are in trouble, call or wave for help
10. Ask a lifeguard about the conditions before entering unfamiliar water.

If you are hurt in a car accident, it is important to choose the right personal injury attorney to represent you.

Cellino & Barnes has put together a list of important things to consider when choosing a car accident attorney.

Auto Injury Experience. Experience is important in any profession, but particularly when you're looking for a car accident attorney. Make sure the firm you choose has vast experience with auto injury litigation and uses the best experts in the country.

Trial Experience. It is important to hire a law firm with extensive trial experience. No one knows, when a case begins, if that case will go to trial. Be prepared from the start and make sure the law firm you choose has extensive trial experience.

Record of Success. Do some research into the results a law firm has achieved. Results are important. They give you an idea of what a firm has been able to accomplish for their other car accident clients.

Resources. It is important to choose a law firm with the resources necessary to hire the best experts in the country to review your case and to testify at trial.

No-fault. If you live in a no-fault state, such as New York, it is important to hire a law firm that will take care of your no-fault claim. Following the deadlines and communicating with insurance adjusters can be very demanding. Having a law firm handle the day to day issues will allow you to focus on getting better.

Professionalism and Compassion. Being involved in a car accident can affect the life of an injured person and their family. Make sure the law firm you choose has a reputation for showing their clients respect and for treating them professionally and with compassion.

Free Consultation. Before you schedule your initial appointment, ask if the consultation is free. Although most personal injury firms do not charge a fee for a consultation, it's still important to ask.

Cellino & Barnes is available 24/7 to answer your questions. If you have been in a car accident, we are here to help you.

Have you ever been behind the wheel and found yourself dozing off?

Sadly, for two 19-year-old college students, driver fatigue cost them their lives when the driver of a tractor-trailer fell asleep and veered into their lane, hitting them head one.

The National Highway Traffic Safety Administration reports that driver fatigue is the primary cause of approximately 100,000 accidents reported to the police each year.

Know the warning signs.

If you experience any of the following, you may be suffering from driver fatigue:

• You yawn or find yourself daydreaming.
• You experience blurry vision and have difficulty keeping your eyes open.
• You feel exhausted and want to lay down.
• You don't notice a vehicle until it passes.
• You don't recall driving the last few miles.
• You wander over the center-line or shoulder of the road.

How Can You Avoid Causing an Auto Accident

• Don't drink any alcohol. Even one glass of alcohol can add to drowsiness.
• Avoid driving between midnight and 6 a.m.
• As soon as you become sleepy, pull over and rest, even if it's just 20 minutes.
• Take frequent breaks if driving for long periods.
• Check to make sure over-the-counter medication doesn't cause drowsiness.

Unfortunately there is nothing you can do to prevent other drivers from falling asleep at the wheel, but you can make sure you take the right steps to keep yourself and family safe.

Cellino & Barnes - 800-621-2020

Mesothelioma is a deadly cancer that has affected many people in Western New York.

The primary cause of mesothelioma is from exposure to asbestos fibers. These fibers get trapped in the lungs where they remain throughout your lifetime. Many people who inhaled asbestos are not diagnosed with mesothelioma for 20-40 years after the exposure.

Steel workers, pipefitters and construction workers often brought asbestos fibers home on their clothing, which may have exposed their families to asbestos as well.

Mesothelioma is hard to detect and frequently confused with other conditions. More alarming is that there is no known cure. If you are suffering chronic respiratory symptoms and have worked in a ship yard, steel plant, construction site or other industry that exposed you to asbestos, you should discuss this with your doctor and ask to be tested.

If you or a loved one has been diagnosed with mesothelioma, you have the right to seek compensation from companies who knew the dangers of asbestos, but failed to warn their workers.

Cellino & Barnes - 800-621-2020

Avandia (Rosiglitazone), was created and marketed by GlaxoSmithKline, and was designed to treat people with Type 2 Diabetes in helping to control their blood-sugar level.

Although Avandia has been greatly beneficial for many people, it has also brought unwanted side effects to some.

In 2005, GlaxoSmithKline performed an Avandia study and reported preliminary results to the Food and Drug Administration ("FDA"). Then, in August 2006, they provided the FDA with a more complete version of the study, which showed a 31% higher risk of cardiovascular events, such as heart attacks, due to obstruction of blood flow.

GlaxoSmithKline was aware of the dangers posed by Avandia and various studies were made available to them as well. In May, 2007, Dr. Steven E. Nissen, a prominent cardiologist associated with the Cleveland Clinic, published a study in the New York England Journal of Medicine. Dr. Nissen's study revealed a 43% higher risk of heart attack for those taking Avandia compared to people taking other diabetes drugs or no diabetes medication. Further, Dr. Nissen's analysis showed a 64% elevated risk of death from cardiovascular disease.

Between August 20 and November 13, 2007, an inspection was conducted at GlaxoSmithKline. The inspection revealed a failure to report data relating to clinical experience, along with other data and information for Avandia.

Based on the representations made by GlaxoSmithKline and the information on the Avandia label, millions of people ingested Avandia believing that the drug would be safe and effective.

"As a result of GlaxoSmithKline's representations, our clients ingested Avandia, suffered heart-related problems, such as heart attacks, and sustained physical and financial damages including pain and suffering", stated Ross Cellino. "Cellino & Barnes has already filed many lawsuits for our Avandia victims, with more being evaluated and prepared for suit," stated Steve Barnes.

Recently the New York State Senate passed a bill allowing cameras to be placed at many intersections throughout NYS. These cameras are intended to greatly reduce the number of people running red lights, which will reduce the number of accidents.

The Institute of Highway Safety reports that since cameras were placed at various intersections throughout New York City, drivers running red lights dropped 40% and t-bone accidents dropped by 32%.

Unfortunately, research also shows an increase in the number of rear-end collisions. These collisions are occurring as a result of drivers slamming on their brakes to avoid being ticketed for running the red light.

Although, safety officials are not pleased with the increase in rear-end accidents, they conclude that far fewer serious injuries accidents have resulted.

Cellino & Barnes represents many clients who have suffered serious injuries in rear-end collision accidents. Although placing cameras at intersections is reducing t-bone accidents and saving lives, people need to be aware that there remains a risk for serious injury.

This bill will permit cameras to be placed at intersections on Long Island and in Yonkers, Rochester, Syracuse and Buffalo.

Spring and motorcycle season is here. It is time for many of us to hit the open road once again. Before you do, we suggest you review some important safety tips, that may help keep you safe this season.

According to the National Highway Traffic Safety Administration (NHTSA), approximately 5,100 people died in motorcycle crashes in 2007. This alarming statistic is the highest level since the Department of Transportation began collecting data in 1975.

Many bikers take precautions to avoid accidents, but even when all safety precautions have been made, other driver's make mistakes that cause serious injuries. An Arkansas man lost his leg as a result of an inattentive driver; a Florida man lost his life when a tractor-trailer turned left into his right of way; and a New York man suffered a traumatic brain injury when the defendant driver ran a red light.

We have New York attorneys on staff who ride motorcycles. They understand first hand how easily a motorcycle accident can happen and have seen the road through your eyes. There is no way to completely eliminate the risk, even for the most skilled bikers. Please stay alert and ride defensively.

A California woman has been sentenced to six years in prison for killing a driver of another vehicle in a multi-car accident. The woman was texting while driving and crashed into a line of stopped cars, causing the accident which resulted in one death.

Even though we are all aware of the dangers of texting while driving, texting has become one of the most dangerous distractions for our nation's drivers.

In 2007, five New York high school cheerleaders were killed, when the driver was texting and crossed the center line crashing into an oncoming vehicle. The problem continues to grow. In fact, reports indicate that nearly 50 percent of teenagers admit to texting while driving.

According to the National Highway Transportation Authority, almost 80 percent of car crashes in the United States are caused by distracted drivers.

Presently, the NHTSA has no policy in place regarding text messaging while driving. However, a few states have banned texting while driving, and a ban is scheduled to go into effect in Westchester County, New York this spring.