Woman Hit By Parks Vehicle While Sunbathing On S.I. Beach Settles Suit For $ 300,000

Staten Island

A day at the beach turned out to be no picnic for a New Brighton woman when a city Parks Department vehicle hit her as she sunbathed, her lawyer said, according to the Staten Island Advance. 

Aneta Kurkowska, 36, survived the harrowing incident at South Beach on last year's Memorial Day weekend, although she needed stitches and surgery, said her lawyer, Michael H. Bush.

Now, she's hoping to put the matter behind her after settling her civil lawsuit with the city for $300,000.

The episode occurred around 12:30 p.m. on Saturday, May 26, 2012, said court papers.

Ms. Kurkowska was lying on the beach sunbathing, near Sand Lane, when she "felt pressure on her head," according to a police accident report.

That "pressure" turned out to be the front end of a 2004 Ford suburban, which had struck her, court papers said.

Bush said it was not immediately clear why the vehicle, owned by Parks, was on the beach.

Ms. Kurkowska was taken by ambulance to Staten Island University Hospital, Ocean Breeze, where she received four medical staples to close a head wound, said Bush, a principal in the New Dorp firm Chelli & Bush.

She also was treated for neck, back and shoulder injuries, he said.

Ms. Kurkowska subsequently underwent left shoulder surgery.

Earlier this year, she sued the city in state Supreme Court, St. George.

In July, Justice Thomas P. Aliotta granted Ms. Kurkowska summary judgment on the issue of liability, over the city's objection and after oral arguments, said court papers.

The settlement was reached before the case could proceed to trial for damages.

A spokeswoman for the City Law Department said the settlement "was in the best interest of all parties."

Read More:

No day at the beach: Staten Island woman hit by Parks

truck while sunbathing settles lawsuit for $300,000

Staten Island Advance - December 30, 2013 - By Frank Donnelly 

Fifth Person Steps On Hypodermic Needle On A City Beach - Boy-9

The needle Eileen McManus said her son, Gerard, stepped on at a beach in the Rockaways. The lifeguard told the mother that was the third incident that day. (Photo: Philip McManus via Metro NY)

Yesterday A Walk in the Park reported that four people had been stuck by hypodermic needles on NYC beaches in three weeks.

Queens

Today Metro ran a story about four people being stuck by hypodermic needles on local beaches in the past three weeks. And this morning the paper was contacted by a woman who said her son was stabbed by a needle this week as well, according to Metro NY.

Little Gerard McManus was walking in the sand on Tuesday, July 24 after enjoying an afternoon at 104th Street beach in the Rockaways. That's when he was jabbed in the foot by a syringe embedded in the sand.

“I just stepped on a needle,” the nine-year-old told his mother, Eileen McManus. Though there wasn’t any blood, his foot had been punctured by the sandy needle and needed immediate attention, Eileen told Metro today.

“I took him to the lifeguard who bandaged his foot so we could take him to the hospital,” said McManus, 52, adding that the lifeguard told her it had been the third needle stabbing that day.

Because the nearest hospital was closed McManus drove her terrified son to South Nassau Hospital, a forty-minute drive away.

There, Gerard was given an X-ray and referred to an infectious disease specialist for blood testing.

“They’re not worried about HIV so much, but we do have to worry about hepatitis all because we weren’t even aware that this was a problem,” McManus said.

Gerard is going to be on antibiotics for the next 10 days, and will need to return for follow-up tests in one month, and again in three months.

“Nobody in Rockaway knew this was happening. How come we weren’t advised of this?,” said McManus, a homemaker who lives across the street from the beach. “We’re out here every day playing in the sand, sliding around, and it scares me.”

“[The parks department] is complaining about budget cuts but I see guys riding around checking the beaches on a jeep. They should be out of the jeep, really checking the sand,” said McManus.

While the mother of three said she won’t be discouraged from returning to the beach, McManus told Metro that after hearing about all the other incidents she will start checking the sand before she lets her kids play in it.

“I thought my son was an isolated incident,” said McManus. “Obviously not.”

Read/View More:

Fifth person reports stepping on needle on New York City beaches

Metro NY - July 26, 2012 - By Daniella Bernal

Fourth Person Stuck By Hypodermic Needle On NYC Beaches In Three Weeks

A Walk In The Park -July 25, 2012 - By Geoffrey Croft

Fourth Person Stuck By Hypodermic Needle On NYC Beaches In Three Weeks

By Geoffrey Croft

For the fourth time in three weeks, someone has been pricked by a hypodermic needle on a city beach, A Walk In the Park has learned, three of the incidents have occured in Staten Island.

The latest victim was a female lifeguard who was stuck yesterday while on duty at Rockaway Beach. She stepped on a needle at 139th Street around 4:00 pm.

On July 16, a 63-year-old woman stepped on a hypodermic needle on Cedar Grove Beach and received a laceration to her foot. EMS transported the victim just before 1:00pm to Staten Island University Hospital North.

On Saturday, July 14, a 37-year-old was stabbed in his hand with a hypodermic needle while on the sand at South Beach - Father Capodanno Boulevard & Sand Lane just before 7:30pm. EMS transported him to Staten Island University Hospital North.

On July 4, a 40-year-old male was also stuck by a needle at South Beach. The incident occurred just before 9:00pm. He was transported by EMS to Staten Island University Hospital North.

"It's a bay, we're not on an ocean, " a parks employee who requested anonymity said speaking about the occurrences on Staten Island.

"This happens all the time. People dump stuff and it washes up here. You have to be careful. The public should be warned."

A few years ago after a spat of needle incidents a Parks Department press representative said, "this is a very unusual occurrence."

Read More:

Pol makes point about syringes

Councilwoman Melissa Mark-Viverito outraged by beach needles

New York Daily News - July 27, 2012 - By Tina Moore

4 NYC Beachgoers Stuck by Needles in Sand

The Parks Department says it conducts daily beach cleanings,

but strict budgets only allow for so much sand maintenance

WNBC News - July 27, 2012 - By Brynn Gingras

Four people injured from needles in sand of NYC beaches

ASSOCIATED PRESS - July 26, 2012

Three people stuck by hypodermic needles on Staten Island beaches

Staten Island Advance - July 25, 2012 - By Frank Donnelly

4 People Pricked By Hypodermic Needles On City Beaches This Month

gothamist - July 25, 2012 - By John Del Signore

Fourth person to step on hypodermic needle at New York beaches in three weeks

Metro NY - July 25, 2012 - Daniela Bernal

City Closes 4 Beaches Due To Harlem Sewage Discharge

Department Of Health Beach and Swimming Advisory Sign - Cedar Grove Beach. Late Monday the city ordered three East Shore beaches on Staten Island and one beach in Brooklyn closed. It was no longer a "recommendation,' as posted above. The four beaches will remain closed for swimming and bathing until the Health Department has made a determination that it is safe to swim. (Photo: Staten Island Advance/Hilton Flores)

On Friday Mayor Bloomberg said the sewage "doesn't have a very big impact."

City-Wide

New York City has closed four of its beaches, nearly a week after a fire shut down a wastewater treatment plant in Harlem, causing hundreds of millions of gallons of untreated sewage water to be discharged into the Hudson River.

The closings were announced late Monday for three Staten Island beaches — South Beach, Midland Beach and Cedar Grove Beach — and for Sea Gate Beach, a private coastline in Brooklyn. The city’s health department had issued pollution advisories last Thursday discouraging people from entering the water at those beaches.

Only Sea Gate’s waters have shown elevated levels of bacteria, city officials said, but computer modeling suggested that the Staten Island beaches could also be vulnerable.

The health department said it was unclear when the beaches would reopen.

“Because it’s a plume of pollution, we want to make sure we’re taking the appropriate precautions,” Susan Craig, a department spokeswoman, said. “I would think it’ll be a couple days.”

Along the city’s rivers on Tuesday, those hoping to splash down on a clear and balmy day were told to avoid any contact with the water. The health department has recommended that people stay out of the Hudson and Harlem Rivers and much of the East River and the Kill Van Kull.

Efforts to rehabilitate the sewage treatment plant over the weekend were slowed early Saturday when a fire in a Consolidated Edison utility manhole briefly cut power to the plant.

At full capacity, the plant had five functioning pumps, Farrell Sklerov, a spokesman for the city’s Department of Environmental Protection, said. Typically, only two are required to treat a day’s worth of wastewater in dry conditions.

But the blaze Wednesday left two pumps with significant damage, Mr. Sklerov said, and a third had been undergoing scheduled maintenance.

The fire Saturday made another dent in the plant’s depleted reserves. One pump remained incapacitated for nearly 10 hours, discharging additional millions of gallons of untreated wastewater into the Hudson.

The last remaining pump, which can handle about 104 million gallons of wastewater per day, could not keep pace with the typical daily haul of about 120 million gallons.

To replenish the backup supply — often called upon on rainy days, when more wastewater is produced — the city is installing temporary pumps, which were brought to New York last week, and officials hope to put the pump that underwent scheduled maintenance back in use as soon as possible, Mr. Sklerov said.

Water samples indicated that bacteria levels in the city’s waterways had dropped substantially in recent days, and city officials said they expected the trend to continue. Meanwhile, beachgoers on Staten Island on Tuesday struggled to evade the watchful eyes of lifeguards.

In the early afternoon at South Beach, one man wandered into the shallow water, apparently unaware of the closing, before a lifeguard whistled him back to shore. Samantha Corsaro, 12, was able to dip her toes in, slipping away before the guards could see her.

Eva Szymanski soaked her feet for about 10 seconds before hearing the whistle, but her son, Darek, sought alternative entertainment.

Standing five feet from the water, the 10-year-old boy tossed crackers toward the crashing waves, attracting a gathering of seagulls to his side.

Moments later, his supply depleted, he asked his mother to retrieve a store-bought snack from her purse.

“I hope they like onion rings,” he said, tearing at the package.

Sydney Ember contributed reporting.

Read More:

City Closes 4 Beaches After Harlem Sewage Discharge

New York Times - July 26, 2011 - By Matt Flegenheimer

City orders Staten Island's East Shore beaches closed until further notice

Staten Island Advance - July 26, 2011 - By Jillian Jorgensen

Swimming Banned At Four Beaches - Spilled Sewage "Doesn't Have A Very Big Impact" - Mayor

A Walk In The Park - July 23, 2011

Swimming Banned At Four Beaches - Spilled Sewage "Doesn't Have A Very Big Impact" - Mayor

July 20, 2011 - Smoke bellows from North River Wastewater Treatment Plant in Harlem. The Department of Health and the DEP have advised the public not to swim at four beaches - South Beach, Midland Beach and Cedar Grove Beach on Staten Island and Brooklyn's Sea Gate Beach - due to the hundreds of millions gallons of raw sewage that spilled into the Hudson River after Wednesday's fire at the treatment plant. (Photo: phlpp7r/Twitter)

According to the The New York Times the DEP said it had succeeded in ending the flow of sewage into the rivers as of 9:30 p.m last night. No word yet however when the swimming ban will be lifted or when the plant will be operational. On Friday the City extended Parks Department pool hours by 2 hours due to the heat.

"Water quality modeling indicates that these beaches have been potentially impacted by the untreated sewer discharges from the North River Wastewater Treatment Plant," the DEP said in a statement on Friday.

"Though the beaches are not closed, the New York City Department of Health does not recommend swimming and bathing until this advisory is lifted, especially for people with underlying medical conditions, or young or elderly people who may be more likely to get sick if beach water is swallowed," the DEP said in a statement.

The swimming ban comes as the city is experiencing record temperatures across the five boroughs.

During his weekly radio talk show with WOR's John Gambling, Mayor Michael Bloomberg said the sewage "doesn't have a very big impact, " according to DNAinfo.

Phillip Musegaas, Hudson River Program Director for Riverkeeper, a watchdog and advocacy group that monitors the waterway, disagreed. He said more city beaches will likely have to close if the city is unable to stem the tide of untreated sewage today.

"The main concern is public health exposure. If you are in the water and have a cut or scrape you are at risk for infection. If you ingest water that has a higher bacteria count, you are at increased risk of getting sick from gastrointestinal problems," he said.

"It's very serious, especially now that you have large numbers of people looking to utilize the rivers and beaches."

Raw sewage can have up to 200 times the recommended limit of bacteria, said Musegaas. Riverkeeper samples taken from the Hudson last week showed that bacteria levels in the river were well below established limits.

The group criticized the DEP for not doing enough to notify swimmers, kayakers and boaters to stay out of the water. While taking samples on Wednesday and Thursday, the group still found kayakers in the water not far from the plant.

Riverkeeper testers also found people swimming in the water near Dyckman Street yesterday afternoon, Musegaas said.

"They need to do more. If it's a real public health risk, every city agency should be coordinating to get people out of the water, not just saying don't go in," Musegaas said. "The better information we can get out to the public, the better off we are." – Geoffrey Croft

Read More:

Amid High Temperatures, Workers Stop Sewage Plant’s Flow Into River

New York Times - July 23, 2011 - By Sam Dolnick and Matt Flegenheimer

Swimming Banned at Some City Beaches After Sewage Spill

DNAinfo - July 22, 2011 - By Jeff Mays

New York Harbor Unfit For Recreational Activities After West Side Sewage Spill

A Walk In The Park - July 21, 2011

Advisories/Press Releases below

Friday, Jul 22, 2011

Advisory

The New York City Health Department has issued beach pollution advisories for the following locations to take effect Friday, July 22, at 10 a.m. through Monday, July 25:

• South Beach in Staten Island
• Midland Beach in Staten Island
• Cedar Grove Beach in Staten Island
• Sea Gate in Brooklyn

Water quality modeling indicates that these beaches have been potentially impacted by the untreated sewer discharges from the North River Wastewater Treatment Plant. Though the beaches are not closed, the New York City Department of Health does not recommend swimming and bathing until this advisory is lifted, especially for people with underlying medical conditions, or young or elderly people who may be more likely to get sick if beach water is swallowed. Signs will be placed at the beach entrances to alert the public of the risk. Alternative beaches, such as Coney Island Beach, Rockaway Beach, Orchard Beach, Manhattan Beach and Wolfe’s Pond Beach, remain open and unaffected based on current water quality modeling.

Additionally, based on recommendations from NYC Health, the Hudson River, the East River from the Robert F. Kennedy Bridge to Verrazano Bridge, the Harlem River and the Kill Van Kull to the Goethals Bridge will not be fit for recreational activities such as swimming, canoeing, kayaking, windsurfing or any other water activity that would entail possible direct contact now through at least Sunday. Also, consuming fish caught from these areas is not recommended for anyone until the pollution advisory is resolved. It is recommended that individuals catch and release fish back into the water.

The New York City Police Department Harbor Unit will be patrolling near the plant to ensure boaters keep a proper distance. The Parks Department is restricting access to the river at the 79th Street Boat Basin and placing signs prohibiting kayaking, canoeing and other recreational activities from all city boat launch sites along the Hudson River and other appropriate sites. The Hudson River Park Trust as well as the Battery Park City Authority are also installing similar signs at sites under their jurisdiction.

DEP and the New York City Department of Health and Mental Hygiene continue to take samples in the harbor and at permitted beaches that could potentially be impacted. For the most up-to-date information, go to the NYC Health website at www.nyc.gov/health, www.nyc.gov/dep, or call 311.

FOR IMMEDIATE RELEASE

July 22, 2011

No. 267

www.nyc.gov

MAYOR BLOOMBERG ANNOUNCES EXTENDED HOURS AT ALL NEW YORK CITYPOOLS

Pools Will Stay Open Until 8 PM Tonight and Will Be Open from 10 AM to 8 PM Tomorrow, and Spray Showers in Playgrounds Will Remain On Until 9 PM

Mayor Michael R. Bloomberg and Parks Commissioner Adrian Benepe today announced that due to the extreme heat, hours at New York City pools will be extended. Pools will close at 8 PM tonight and be open from 10 AM to 8 PM on Saturday. These hours will be in effect at all 54 pools across the City. To find the pool nearest you, call 311 or visit www.nyc.gov. In addition, the 690 spray showers in the City’s parks and playgrounds, which are typically turned off between 6 and 7 PM in moderate temperatures, will remain on until 9 PM tonight and Saturday night.

“The City’s pools are great places to cool off and beat the heat,” said Mayor Bloomberg. “During this heat wave, New Yorkers should take advantage of the free places around the City that offer relief from the heat: pools, spray showers, beaches and cooling centers. Remember to stay out of the sun, drink plenty of water, and check on your friends and family who may be at risk for heat-related illnesses.”

Air-conditioned City cooling centers will be open through Saturday. Cooling centers are public places, such as Department for the Aging senior centers and New York City Housing Authority and Salvation Army community centers, where air conditioning is available. To find the cooling center closest to you, call 311 or visit www.nyc.gov.

Most City beaches, including Coney Island Beach, Rockaway Beach, Orchard Beach, Manhattan Beach and Wolfe’s Pond Beach, are open and unaffected by the fire at a wastewater treatment plant inManhattan, which caused untreated wastewater to be discharged into the Hudson River. However, the Department of Health and Mental Hygiene recommends that, now through Monday, New Yorkers not swim at the following beaches: South Beach, Midland Beach and Cedar Grove Beach in Staten Island; and Sea Gate in Brooklyn. Also, the Hudson River, the East River from the Robert F. Kennedy Bridge to the Verrazano Bridge, the Harlem River and the Kill Van Kull to the Goethals Bridge are not fit for recreational activities such as swimming, canoeing, kayaking, windsurfing or any other water activity that would entail possible direct contact now through Monday. Fish caught from those waterways should not be eaten.

During this period of extreme heat, New Yorkers should take precautions including staying out of the sun as much as possible. When in the sun, wear sunscreen and a hat to protect your face and head. Remember to check on family and friends as heat can affect people differently. Seniors, young children, and people with chronic medical or mental health conditions and those who take certain medications have a higher risk of heat-related illnesses. If you feel sick from the heat, go to a cool place, rest and drink water. Call your doctor or go to the emergency department right away if you have these symptoms:

· Shortness of breath or trouble breathing

· Headache

· Dizziness or fainting

· Nausea or vomiting

· Weakness

· Confusion, irritability, hallucinations, disorientation

· Hot, dry skin or cold, clammy skin.

The risk for getting sick during a heat wave is increased for people who:

· Are younger than five, or older than 64

· Have chronic medical or mental health conditions

· Take medications, which can disrupt the regulation of body temperature

· Are confined to their beds or unable to leave their homes

· Are overweight

South Beach Brush Fire

A firefighter looks over the charred area after a brush fire in South Beach. (Photo: Anthony DePrimo./Staten Island Advance)

Staten Island

Firefighters made quick work of a brush fire in South Beach this evening, knocking the blaze down in about 10 minutes, according to a battalion chief at the scene, according to the Staten Island Advance

The fire was reported just after 5 p.m. in an area of brush between Capodanno Boulevard and Quintard Street. Firefighters attacked the blaze, which at one point broke off into several pockets, from both sides.

Read More:

Firefighters KO brush fire in South Beach

Staten Island Advance - March 25, 2011