Need Legal Advise?

Need Legal Advise?
Attorney Jason L. McCoy

Tuesday, September 15, 2015

Suburban politicians discuss primary process

Suburban politicians discuss primary process


Friday, June 5, 2015

Need Help Attorney Jason L McCoy 860 872 7741 Connecticut

Saturday, May 16, 2015

School Bus Crash Injury Claims - Connecticut - A few Things to Know

A few Things to Know about School Bus Accident Claims

 Did you know that there is a higher standard of care for school bus companies?

Often people just do not know their rights and have no idea about what is to come. I want people to understand the situation. I am writing this because yesterday I read about a bus crash on 384 in Manchester.  

Schol-Bus-Crash-Interstate-384-Manchester-Injuries-Children-Student Attorney Jason McCoy Vernon CT

Many people do not know that the public school buses are operated by private companies not operated by the public school system. Over the years I have represented victims and their parents against school bus companies and against their bus drivers. The biggest mistake made is not to hiring someone with expertise immediately after the incident.  Why? Because the video’s from the bus on the day of the incident needs to be secured and the evidence needs to be saved but the big student bus companies do everything possible to protect its big government contract as these companies first concern after a bus accident is the protection of its government contract and money not the victims and their families. I say the student bus company’s money because often it is self insured, which is permitted under the law, but little known.

These are big national student bus companies who often hire under trained drivers with little experience, who sometimes have bad safety records or bad driving records (among other things). The passengers are the reason these big student bus companies are paid so well. Many parents have no idea, until after the bus crash about how bad it is. My firm has handled claims for injuries suffered by children while riding school buses; people need to understand, that these type cases require immediate action to ensure that the bus company is not out trying to protect itself at the expense of the victim. Often these injuries manifest themselves differently with children than they do with adults. 
Attorney Jason L. McCoy Vernon CT Bus Accident Claims and the Law

Firms with experience like ours help these victims and protect the victim's rights. At the same time we work to expose the egregious manner of operation by these big student busing companies, which helps more than just the victim, it helps the potential victim

Connecticut Law
The law in Connecticut is on your side if a school bus crash does occur. But the carriers will first look to protect its bottom line. Here are some of the laws in Connecticut that are in place to protect  injured students and their families.  

The Conn. Gen. Stat. § 52-557c established the Standard of care applicable to owners and operators of school buses:

“The standard of 384 westbound in Manchester Connecticut applicable to the owners and operators of any school bus, as defined in section 14-275, or of any motor vehicle registered as a service bus transporting children to and from school or school activities, private or public camps or any other activities concerning the transportation of groups of children shall be the same as the standard of care applicable to common carriers of passengers for hire.”

The Conn. Gen. Stat. § 52-557 provides for a recovery for Injury to children being transported to school:

“In any action brought by any person for personal injuries received while being transported to or from school in a vehicle owned, leased or hired by, or operated under contract with, any town, school district or other municipality, it shall be no defense that such transportation is in the line of governmental duty or is mandated by the state. In any such action brought against any town, school district or other municipality, the defense of sovereign immunity shall not be available and it shall be no defense that the transportation was being provided by an independent contractor.”

The Conn. Gen. Stat. § 14-281c requires that a Report of serious accidents involving school buses or student transportation vehicles:

“In each serious accident involving a school bus or a student transportation vehicle as defined in section 14-212, the police officer who, in the regular course of duty, investigates such accident, shall immediately report such accident by telephone or otherwise to the Commissioner of Motor Vehicles. In the event of any accident in which an occupant of a school bus or student transportation vehicle is injured resulting in admission of such occupant to a hospital overnight, the police officer investigating the accident shall report such accident to the commissioner within twenty-four hours thereafter. For the purposes of this section, the term "serious accident" means any accident in which (1) any occupant of the school bus or student transportation vehicle is killed, or (2) a fire occurs in, or there is a roll-over of, the school bus or student transportation vehicle.”

In addition to the legal requirements of police investigation, parents of victims need to hire a law firm that will send out their own investigators, follow up on backgrounds, and gather witness statements. It is imperative that a letter is sent out putting the student bus carrier and the school on notice of the claim and demanding that the student bus carrier and the school preserve evidence such a video recordings and audio recordings and GPS tracking and operational reports.  Otherwise there may be a spoliation of evidence.  Also demand that any testing of the operator be preserved and made available to determine if drugs or alcohol was in play at the time of the student bus crash.  

My firm has handled injury claims involving children riding as passengers on school buses.  These claims require immediate action.  Injuries involving children manifest themselves differently than they do with adults. My firms has experience school bus crash cases and the victims. We work to expose the egregious manner of operation by these big student busing companies and compensate the victims.   

You may reach us at the Law offices of Jason L. McCoy, LLC 
(860) 872-7741.

Saturday, March 21, 2015

Aaron Hernandez Trial -- This is a pretty good site to watch trials.

Lives trials and streaming videos

Aaron Hernandez Trial  here is the archive from the trial.  This is a pretty good site to follow trials.  

Live link to the Aaron Hernandez Trial
This is the live link. 

Just in case your interested. 

Monday, December 1, 2014

Softball legal pitch - Journal Inquirer: Page One Lawsuit filed by Attorney Jason L. McCoy

Softball legal pitch - Journal Inquirer: Page One 

"VERNON — A  Glastonbury man has filed a lawsuit against the town in response to a  2012 incident during which someone from an opposing softball team threw a bat at him, causing permanent injury.

The man, Jeffrey Harrington of 377 Woodhaven Road, says the person who threw the baseball
bat at him had violated the town’s softball league rules on several
previous occasions and that the town was negligent and careless in neglecting to prevent the accident, the lawsuit states.

According to the filing, the incident occurred in July 2012 during a men’s softball league game at a town-owned field at 375 Hartford Turnpike.

The person who threw the bat was Somers residentJonathan Feigenbaum, who later was charged with second-degree assaultand first-degree reckless endangerment.

Harrington contends that during the gameFeigenbaum engaged in unsportsmanlike conduct and used profane language —behavior he had previously exhibited.

The Glastonbury man, who was catching during thegame, says Feigenbaum became upset with the outcome of a play, slammed a metal bat on the plate, and then flung it backwards. It struck Harrington in the throat, the filing states.

The Town was named in the lawsuit that was filed late lastmonth are the town clerk. Representing Harrington is former Vernon mayor Jason L. McCoy.

McCoy argues the town “knew or should have known” of Feigenbaum’s violations and did not eject, expel, or discipline theplayer before the incident during which Harrington was injured.

The bat “crushed” Harrington’s trachea — nearlycausing him to choke to death — and also resulted in scaring anddisfigurement, the filing states.

Among other reasons, McCoy states that thenegligence was caused by the town failing to provide adequate supervision, failing to enforce its own rules, failing to provide“wholesome recreational activities for individuals,” and failing topromote good sportsmanship. He also states that town staff failed to eject, expel, or suspend Feigenbaum following previous incidents.

As a result of the incident, Harrington hassevere injuries, some of which may be permanent.   Harrington “has endured and will continue to endure great mental and physical pain and suffering and may forever be restricted in activities of daily living,”  the filing states.

Because of the injuries to his neck, throat, and voice box, Harrington has had to spend “large sums of money” for medical and surgical treatment, medicine, therapy, and other items, according to the claim.

Harrington also has lost time and wages since his “earning capacity has been greatly diminished, impaired, and reduced,” McCoy says.He’s seeking money in excess of $15,000 to cover lost and future expenses.

According to the town’s rules and regulationsgoverning the Vernon men’s softball league for 2012, “unsportsmanlike conduct will not be tolerated” and any player engaging in poor behavior will be suspended or expelled from the league. It further states that “any act of aggression with intent to physically harm another person” will result in suspension or expulsion.

Online court records show that Feigenbaum was sentenced by a Vernon Superior Court judge to six months in jailsuspended after 18 months of probation stemming from an August 2013
incident during which he was charged with operating a vehicle under the influence of drugs or alcohol."

Sunday, November 2, 2014

Governor's Election November 4 2014 - Will the Election Be Fair This Time In Connecticut?

Over the last week I have had several people say , was there really any problem with the vote in the last Governor election in the City of Bridgeport Connecticut

The answer is yes.  The estimate is that there were over 3500 ballots cast above the number of people who voted in Bridgeport Connecticut.  The reason is mathematically there were more ballots cast in Bridgeport in the November 2, 2010 Election than there were people/electors who were checked off on the Official Voter Checklist as having cast ballots to vote in that election.  Simply put there were more ballots cast in the election in Bridgeport Connecticut than people/electors who voted.  As a rule there can always be more people checked off to vote than cast votes for any of the races in the election but there cannot be more total ballots cast in the election than there are people/electors who were checked off to vote in the election.  As a matter of law "no ballot shall be issued unless the elector's name has been checked off the official check list". 2010 CGS §9-257, Regs. 9-242a-14.  This official election check off process is done as you enter the polling place when you give your name and street to the Official Checkers, at least one checker but usually there are two one democratic checker and one republican checker and then a Ballot Clerk hands to the person/elector after the persons name is checked of the official checker list. The check off process is controlled by two adversaries in the election day process therefore it ensures controls over the same person voting twice or ballots being handed out and fed through a machine. As a matter of law  "Immediately after the close of the polls, the officials must compute the number of names checked as having voted" and  return is signed.  2010 CGS §9-307.  That was not done in Bridgeport, estimates were not provided until November 5, 2010.  As a matter of law "The assistant Registrar(s) must record, directly on the official check list, the total number of names on the official check list, the total number checked as having voted, and the number not checked". 2010 CGS §9-307, §§9-258a, 9-307, 9-436.

Confirm the analysis for yourself it should be public information.  Try this, go to the Connecticut Secretary of State’s web site, try to download the results from the November 2, 2010 election by municipality.  See if you can find the turn out results for the November 2, 2010 election then compare the total number of peopled checked off as voting to the total number of ballots cast (turnout) in Bridgeport Connecticut at 11/2/2010 .  For some reason you will find the primary turn out results for the 2010 Primary at this link 8/10/2010 Primary but you will not find the turn out results for the November 2, 2010 election and ballots cast (turnout).  Again for some reason you will find the 2011 municipal election turnout results at this link 2011 Municipal Turnout .  Again for some reason you will find the November 6, 2012 turn out results in for that election at this link 2012 Election Results   you can check that against the votes cast at this link 2012 Election Vote Results .

Based upon observations, investigation and research it was uncovered that the number of people checked off in Bridgeport Connecticut as having been checked off as having voted in November 2, 2014 election in person or by absentee ballot is estimated to be at least 3,761 less than the total number of ballots cast, meaning there were more ballots cast than people/electors checked off to vote.  The total number of absentee ballots cast was mathematically correct meaning it did not exceed the absentee ballot requests and or the absentee checkoff numbers. However the immediate checkoff count did not match the ballot number even after the re-canvass.   Remember the rule immediately after the close of the polls, the officials must compute the number of names checked as having voted and sign it.  2010 CGS §9-307, §§9-258a, 9-307, 9-436.

What happened? For some reason the City did not order enough official ballots.  The City ran out at about 1 pm and made an estimated 6,000  to 8,000 copied ballots that day on a copier then distributed the copied ballots.  A very high speed copier it would seem.  Then mixed the official ballots with the copied ballots.  However that should not have changed the official checker list with the checked off voters.  

Below is a picture of the Official Checklist from Bridgeport Connecticut for the November 2, 2010 Election.  Any thoughts?  

Here are a few photos of ballots on the floor at one polling site and of an election official carring ballots in a paper bag with paper handles. 




Who was in charge in the November 2, 2010 election as the Election Official in Bridgeport Connecticut? It was Bridgeport Registrar of Voters Santa Ayala.  She is the mother of Rep. Christina Ayala, D-Bridgeport, who was was arrested last for 19 charges related to voting fraud.

November 3 2010 Counting copied ballots in Bridgeport Santa Ayala with her finger up in the center.
How about these videos taken in Bridgeport from the night of the November 2, 2010 election at one of the polling places showing ballots in bags on the floor, Election officials trying to open the machines and the election officials were actually leaving with unsecured bags of ballots.




You vote really counts.