Lesbian entitled to guardianship of ex-lover’s child. The
Plaintiff lived with the child, who called her "Mama", until she
was almost two years old. When the Plaintiff and the child’s
mother broke up, the mother told her that she would never see the
child again. The Plaintiff petitioned for guardianship, claiming
that the mother was causing the child psychological harm by
depriving her of a mother-child relationship with the
Plaintiff. The mother argued that because the Plaintiff was a
non-parent, she could not establish that the mother’s custody was
detrimental to the child unless she could show abuse, neglect or
abandonment. "In a dispute between a parent and a non-parent,
before awarding custody to a non-parent, the court must make an
express finding that parental custody is detrimental to the
child. Although evidence of…specific abuses… would no doubt
support a finding of detriment, we find nothing in (the statute)
that limits the court to those circumstances.
[top of page]
What's New in DWI/Traffic Law?
High protein diet as a DWI defense. A driver had
drunk driving charges dismissed by arguing that his .10 alcohol
level was caused by a high-protein diet rather than by excessive
drinking. The high-protein defense was based on the theory that
the human body produces it’s own alcohol if carbohydrates are
suddenly consumed after being eliminated from the diet for a
prolonged period of time. A professor of organic chemistry testified
that a person’s body produces ketones after a long period of fasting
or carbohydrate deprivation. If the person consumes carbohydrates,
the body creates amino acids to break down the carbohydrates and make
the ketones less toxic. One of the byproducts of this process is
isopropyl alcohol, which the body eliminates through the kidneys and
lungs. The breathalyzer does not distinguish between isopropyl and
other types of alcohol in the body. (Gwinnett County State Court, Georgia)
[top of page]
What's New in Insurance Law?
Insurance doesn’t cover accident from homeowner serving
alcohol to minors. A homeowner bought alcohol for his
teenage daughter to serve at a New Year’s Eve party. Two teenagers
had too much to drink and got into a car accident. The homeowner
later pled guilty to providing alcohol to minors. When the
teenagers sued, the homeowner’s insurance carrier denied coverage
because the policy covered only injuries caused by negligence, not
by intentional acts. The homeowner argued that he intended to
serve the teens alcohol but didn’t intend for them to be
injured. But the court said that "while it is undisputed that the
homeowner did not intend to cause harm, the inquiry does not end
there. Instead, we must examine the nature of his acts… In this
case, the wrongful or tortious event for which he sought coverage
was supplying alcohol to minors. It is undisputed that giving
alcohol to minors was wrongful…Because the wrongful or tortious
acts were not accidental, they do not fall within the meaning of
the policy. Consequently, the unintended harm that resulted is not
covered." The court also held that coverage was barred by a motor
vehicle exclusion. (Minnesota Court of Appeals)
[top of page]
What's New in Intellectual Property Law?
Obscene domain name is not a constitutional right. An
internet domain name registrar was sued for civil rights violations for
denying domain names that included obscene words. The company argued
that the registrar’s practice of refusing to register obscene domain
names deprived it of its right to free speech and due process of law
under the state and federal constitutions. It also alleged that it lost
its right to those names because competitors were able to register the
names with other registrars. The company claimed that since the names
have commercial value that was lost because of the registrar’s
policy. The U.S. District Court for the Eastern District of New York
ruled that since there are more than 30 domain name registrars, the
registrar could not be viewed as participating in governmental action
to deprive the plaintiff of fundamental rights. The court noted that
although the U.S. Department of Defense was an instrumental agent in the
Internet’s origins, the Internet is not "by any stretch of the
imagination a traditional and exclusive public function".
[top of page]
What's New in Labor/Employment Law?
When may an employer inquire about the medical condition of an employee? An
employer may seek information about an employee’s medical condition
only when it is "job-related and consistent with business necessity". The
employer must have reasonable belief that: (1) an employee will be
unable to perform the essential functions of his or her job due to a
medical condition or (2) the employee poses a direct threat to others. The
employer may also request medical information if: (1) an employee has
requested a reasonable accommodation; (2) it is required to do so by
other federal laws or regulations; (3) it offers voluntary programs
aimed at treating certain health problems; or (4) it is trying to use
the information to further affirmative action programs.
[top of page]
What's New in Landlord/Tenant Law?
Landlord sued for murder of tenant. A landlord can be
sued for negligence where a tenant was killed by an attacker who entered
the building through a back door with a broken lock. The landlord argued
that it did not have a duty to protect tenants from criminal acts of
third parties. But the court found that although a landlord-tenant
relationship alone is not sufficient to give rise to the duty to protect,
a party may owe such a duty where a special relationship exists. When the
tenant signed the lease, he relinquished to the landlord exclusive
control over building security, the building’s security devices, and the
areas outside his apartment unit.
[top of page]
What's New in Municipal Law?
Court overturns spot zoning. A town’s decision to
rezone an asphalt plant in an area of light commercial and residential
uses for industrial use was overturned. The asphalt company operated a
plant since the early 1960s. Since 1968, when the land was rezoned from
industrial to business, the company had operated as a nonconforming
use. As the business expanded and volume increased, it repeatedly
sought variances from the Town Zoning Board of Appeals. In November, 1998
the town board approved a zoning change of three parcels. A neighboring
campground claimed that the town had engaged in spot zoning and that the
town had violated the State Environmental Quality Review Act (SEQRA). The
court ruled that the town board failed to comply with all SEQRA
requirements by neglecting to complete all parts of the Environmental
Assessment Form.
[top of page]
Injured Victims' Rights
The Friedman & Ranzenhofer, P.C. Ten Point Pledge to Accident/Injury Clients is:
- To communicate with you in plain language that is easy to understand.
- To promptly return your telephone calls.
- To quickly and thoroughly investigate and analyze your case. Friedman & Ranzenhofer, P.C. does not accept every accident case.
- To have your case personally handled by an attorney.
- To keep you informed of the progress of your case at all times.
- To show you the personal care, concern and attention which has been the hallmark of our law firm since 1955.
- To not handle your case in an "assembly line" fashion.
- To accommodate the needs of you and your family during the handling of your case.
- To vigorously protect your legal rights.
- To never release your name to the media after your case has been completed, except with your written permission.
Attorney Michael H. Ranzenhofer limits his practice to automobile accident, slip and fall, dog bite and defective product cases. He is a member of the Association of Trial Lawyers of America, the Western New York Trial Lawyers Association, the New York State Trial Lawyers Association and the Erie County Bar Association Negligence Committee.
[top of page]
