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Irene Gabo on Rusa Radio – November 13 2019

 In Irene H Gabo, Law, Rusa Radio

Questions Answered on This Episode:

I am being called go give testimony at something called Examination Before Trial, does that mean there will be a trial in my case?

Many cases settle before trial, so it doesn’t mean your case will be tried if you give a deposition. Depositions take place for the most part in stenographer’s office, not at the courthouse.

The testimony you give will be used in case you are not able to appear at trial or to question your credibility and honestly at trial if during the testimony and trial you give different answers to the same question that deals, lets say, with how the accident happened.

It is extremely important to prepare thoroughly and properly for these depositions, and I usually spend hours with my clients doing mock depositions, so they won’t be surprised by any questions at the actual Examination Before Trial.


I was working on construction site and my boss didn’t give us safety goggles and a piece of wire struck my eye. Do I only have a Workers Compensation Claim? 

If your boss was a subcontractor and there is a general contractor on the construction site who failed to ensure safety of the workers on site, there may be a third party claim.

Industrial Code protects workers in New York from dangers of the work site, and requires all workers to have proper safety equipment when working on construction.


My mother fell on her way to the bathroom in the hospital and broke her hip. Can we start a claim against hospital, she is worried about losing Medicare?

I would need to know more about how the accident took place. Did the cleaning person come and clean the floor in the room, but left it wet and failed to put up “wet floor” or “caution” signs, or was the fall due to something else?

It also depends on when the accident took place, because you have a limited time to start a claim against a public hospital, like Coney Island Hospital (90 days for a notice of claim against NYCHHC).

To answer the second question, Medicare is not need based, if your mother is over 65 she received it due to her age, so it won’t be lost based on a lawsuit. However, some of it may have to be paid back if there is a lawsuit, as Medicare can recover for treatment they paid for resulting from the accident.


My father was walking with his home attendant and was struck by the car that left the scene of the accident, can we sue the home care agency for negligent supervision?

Why did your dad have a home attendant to begin with and what were his/her duties? If your dad, for example, is disabled, and the home attendant was supposed to hold his hand or hold him under the arm as they crossed the street, but didn’t, or if the home attendant left him to his own devices, while he or she was on the phone, there may be a possibility of bringing an action for negligent supervision.

However, remember many elderly people have a hard time finding the home health aid they like and I would ask your father if he wants to switch home attendants because once you start a claim against the home health agency, I am sure the home health aide will be substituted.


I listen to your radio show and wanted to know if my child who fell off monkey bars can have a case against the City of New York. She broke her elbow.

Falls off a monkey bar can is one of the most common causes of elbow fractures in children. Some monkey bars are just too tall for a child’s size but some are old and rusty and the child may let go of the bars because the bars themselves are not smooth (rusty). It is also possible that the ground underneath is not even or the rubber matting beneath it is bunched up or broken up, causing the child’ foot to twist, leading to the fall. In this case, I need more information about the fall and the photographs may be helpful. Don’t forget you have 90 days to initiate a claim against the City of New York.


I was hit by a car that has a $25,000.00 policy. My attorney says we have an offer of $20,000.00, should I take it or go to trial.

I need to know the extent of the injuries and if there is any other insurance, whether defendant having excess insurance or you having UM/UIM policy on your own car which is larger than $25,000.00. If for example, your UIM is $100,000.00 and you had surgery, your claim is worth more than $25,000.00. You will need to collect $25,000.00 in order to go after your own UIM claim for remainder of $75,000.00 exposure.

If on the other hand, the claim is relatively minor $20,000.00 may not be a bad amount, since if the matter goes to trial you will need to pay several thousand dollars for the expert witness (doctor) to come and testify on your behalf.