The details are provided with exact dates, names & the official documents. We tried everything before going public and exposing what the G.M. officials and their accomplices did to cover-up the accident. This story needs to be public to prevent these criminals from doing the same in case of an accident to another driver or to any of their 1009 employees at Tonawanda Engine.
G.M. and Ryder Officials Misinformed EMS, the victim’s family and the Authorities about the accident on 5/11 2023 leading to Ioan Suiugan’s untimely passing.
Raul Suiugan was called by Joe (Joseph Braum) on 5/11 around 5 AM to inform him that his uncle got hit by a strap while he was unloading which caused a massive heart attack, and he is in critical condition. Raul worked for Joe in the past and they were friends. Raul was the first to inform, via phone call, Ionut Suiugan, the victim’s son. Joe told Raul he was informed by the G.M. Plant in NY.
Voichita Boboc (Vicky) Ioan Suiugan’s sister, was witness over the phone when Ionut and Ioana arrived at the hospital in Buffalo NY. Vicky repeatedly mentioned to us over the phone that something is weird with the G.M. lady’s recall of the events of what happened and how they found him.
The driver and the only person to tell us the truth about the real events. His name is redacted in the accident report and the head of safety and the security guard threatened him with defamation and lawsuits in fron of Ionut Suiugan and Ioana Abdic on 5/12 2023.
He managed to tell us that our father fell from the back of the truck on his head and when he saw it happen, himself and the dock workers, they all rushed to help him until the G.M. Mert arrived and took over.
▼ Plant and Tonawanda P.D. Documents ▼
The Police Address, written by G.M Tonawanda N.Y. Head of Safety on 5/12/2023.
Daniel S. Schell request for the Video footage, police report and other info about the accident.
FOIA Request – The Official Police Statement – no accident reported on 5/11/2023.
The Official Accident Plant Report from G.M. Tonawanda Buffalo, NY 5-11-2023. Emailed by Sean Z. Kelly on 11/18/2024
▼ Medical Files and Transfers ▼
The Official Patient Care Report from Twin City, the EMS responsible for taking Ioan Suiugan from GM Plant to the first hospital.
The admission document from the first hospital Ioan Suiugan was transported by EMS, after the accident.
The official documents from the hospital Ioan Suiugan was registered after Kenmore Mercy Hospital.
The official documents from the first hospital we transferred Ioan Suiugan after Buffalo, N.Y.
The official Patient Summary document from the last hospital Ioan Suiugan was admited.
▼ Possible Laws Broken ▼
In New York, factory safety violations can lead to serious consequences for both employers and employees. Employers can face fines and penalties for violating safety regulations, while employees may be at risk of injury or even death due to unsafe working conditions. New York state has specific regulations and laws, including the Labor Law, that address workplace safety.
Here’s a more detailed look at factory safety violations in New York:
New York Labor Law Section 241(6):
This law addresses accidents related to construction, demolition, and excavation work, including injuries from heavy machinery, ladders, scaffolds, falls, and exposure to hazardous substances.
Industrial Code Violations:
These violations encompass a wide range of safety issues, including improper use of equipment, lack of safety training, and inadequate maintenance of machinery.
OSHA Violations:
OSHA (Occupational Safety and Health Administration) sets national safety standards, and New York State also has its own regulations, often mirroring or exceeding federal standards.
2. Examples of Common Violations:
Fall Protection: Failure to provide adequate fall protection, such as guardrails or harnesses, when working at heights.
Hazard Communication: Not providing clear information about hazardous chemicals or processes.
Respiratory Protection: Failure to provide and ensure the proper use of respiratory protection equipment when working with hazardous substances.
Ladder and Scaffold Violations: Improper use or maintenance of ladders and scaffolds.
Lockout/Tagout: Failure to properly lock out or tag out machinery to prevent accidental startup during maintenance or repair.
Powered Industrial Trucks: Inadequate training or unsafe operation of forklifts and other powered industrial trucks.
3. Employer Responsibilities:
Provide a Safe Workplace: Employers have a legal duty to provide a safe and healthy workplace.
Implement Safety Programs: Develop and implement comprehensive safety programs that address potential hazards.
Provide Training: Train employees on safety procedures and the proper use of equipment.
Conduct Inspections: Regularly inspect the workplace for hazards and ensure that safety equipment is in good working order.
Report Accidents: Report workplace fatalities and serious injuries to the relevant authorities, OSHA.
4. Employee Rights:
Report Hazards:
Employees have the right to report unsafe conditions to their employer or to the relevant regulatory agency, Department of Labor.
Right to Refuse Unsafe Work:
Employees can refuse to work in conditions that they reasonably believe pose a serious danger to their health or safety, provided they report the unsafe condition to management.
Protection from Retaliation:
Employees are protected from retaliation or discrimination for reporting safety concerns.
5. Consequences of Violations:
Fines and Penalties:
Employers can face fines and penalties for safety violations, ranging from minor to significant.
Legal Liability:
Employers can be held liable for injuries or damages resulting from their failure to provide a safe workplace.
Criminal Charges:
In some cases, serious safety violations can result in criminal charges, says a blog post on the Employee’s Law Firm.
Employee Injuries and Deaths:
Unsafe working conditions can lead to serious injuries, disabilities, and even death.
6. How to Report a Violation:
Contact Your Employer: First, attempt to resolve any safety concerns with your employer.
File a Complaint with OSHA: If your employer does not address the safety concerns, you can file a complaint with OSHA.
File a Complaint with the New York State Department of Labor: If the safety violation involves public employees or public works projects, you can file a complaint with the New York State Department of Labor.
In New York, police negligence can lead to a variety of penalties, ranging from disciplinary action within the police department to criminal charges and civil lawsuits. The specific punishment depends on the severity and nature of the negligence.
Internal Police Department Penalties:
Police departments often have internal disciplinary systems for misconduct, including negligence.
Penalties can range from verbal warnings, to suspension, to termination, depending on the severity of the misconduct.
The specific penalties are outlined in a department’s rules and regulations and can be modified based on mitigating factors.
Civil Lawsuits:
Individuals harmed by police negligence can file civil lawsuits against the officer and/or the municipality.
Damages can include compensation for injuries, emotional distress, and lost wages.
Some lawsuits can also seek punitive damages for egregious misconduct, according to FindLaw.
Criminal Charges:
In certain cases, police negligence can result in criminal charges, particularly if it leads to a serious injury or death.
Examples include:
Aggravated Criminally Negligent Homicide (if the negligence causes the death of a police or peace officer): Up to 15 years in state prison.
Official Misconduct (if an officer knowingly fails to perform a duty): Up to one year in jail.
Assault: Penalties depend on the severity of the injury and whether a weapon was used.
Other Considerations:
Lawsuits against police officers often involve federal law, such as Section 1983, which addresses violations of constitutional rights.
Establishing intent is crucial in many cases, requiring proof that the officer knew their actions were wrong and intended to violate the law, according to the Department of Justice.
Documentation of the incident, including photos, videos, and witness statements, is important for building a case
In New York, penalties for medical malpractice primarily involve civil lawsuits and regulatory actions. While jail time is rare, a doctor found liable can face economic and non-economic damages, and the New York State Board for Professional Medical Conduct can impose disciplinary actions like fines, license suspension, or revocation.
Civil Liability:
Compensatory Damages:
These aim to compensate the injured patient for their losses, including medical expenses, lost wages, and pain and suffering.
Punitive Damages:
These are awarded in egregious cases to punish the defendant and deter future misconduct, according to the National Conference of State Legislatures.
Statute of Limitations:
In New York, medical malpractice claims generally have a 30-month statute of limitations, meaning patients have 2.5 years to file a lawsuit, says Ronemus & Vilensky LLP. There are exceptions, like the discovery rule and the continuous treatment doctrine, which can affect when the clock starts running, according to Nolo.
Regulatory Actions:
The New York State Board for Professional Medical Conduct can take disciplinary actions against doctors found guilty of misconduct, including fines, license suspension, or revocation.
Public malpractice records are available, allowing patients to access information on settlements, awards, and disciplinary actions, according to Salenger, Sack, Kimmel & Bavaro, LLP.
Criminal Liability:
While jail time is rare, it is possible in cases of intentional, knowing, or reckless negligence.
Medical malpractice is generally considered a civil matter, but criminal charges may be filed in cases of gross negligence or intentional wrongdoing
Bribery in New York can result in severe penalties, ranging from misdemeanor sentences to lengthy prison terms, depending on the degree of the offense and the specific circumstances. Bribery of public officials is generally considered a more serious crime with harsher penalties.
Types of Bribery and Potential Penalties:
Bribery in the Third Degree: A class D felony, potentially punishable by up to 7 years in prison.
Bribery in the Second Degree: A class C felony, potentially punishable by up to 15 years in prison.
Bribery in the First Degree: A class B felony, potentially punishable by up to 25 years in prison.
Commercial Bribing (both second and first degree): These offenses involve bribing employees or agents of a company to influence their conduct. Second degree is a class A misdemeanor, while first degree is a class E felony, potentially resulting in jail or prison time.
Bribing a Labor Official: A class D felony, potentially punishable by up to 7 years in prison.
Sports Bribing: A class D felony, potentially punishable by up to 7 years in prison.
Key Factors Influencing Penalties:
The value of the bribe: Higher value bribes can lead to more serious charges and penalties.
The target of the bribe: Bribery of public officials typically carries more significant penalties than bribery of private individuals.
The outcome influenced by the bribe: Bribery that affects a Class A felony case can result in the most severe penalties.
Important Considerations:
Bribery is a serious crime, and a conviction can have lasting consequences.
If you are facing a bribery charge, it is crucial to consult with an experienced criminal defense attorney.
New York law distinguishes between “bribes” (offering something of value with the intent to influence) and “gratuities” (small gifts given without the intent to influence), with different penalties for each
In New York, an employer can face financial penalties for failing to report a workplace injury in a timely manner to their workers’ compensation carrier or the Workers’ Compensation Board (WCB). Penalties can be significant, potentially reaching up to $2,000 for every 10-day period without coverage, and may even exceed $12,000 by the time an employer receives a first penalty notice. Additionally, a misdemeanor charge and a fine of up to $2,500 may be imposed for failing to file a report within 10 days of the accident, according to the WCB.
Reporting Deadlines:
Employers in New York have specific deadlines for reporting workplace injuries. They must notify their workers’ compensation insurer within 10 days of learning about the injury, or within 18 days of the injury itself, whichever is longer, according to the WCB.
Penalties for Late Reporting:
Failure to meet these deadlines can result in financial penalties, potentially including:
Financial penalties: The WCB may impose penalties of up to $2,500 for failure to file a report within 10 days, as stated in Workers’ Compensation Law (WCL) §110 and 12 NYCRR §310.1.
Potential for misdemeanor charges: Failing to report within 10 days can also lead to a misdemeanor charge and a fine, as stated in WCL §110 and 12 NYCRR §310.1.
Consequences for Injured Workers:
Delayed reporting can also impact injured workers. If an employer does not notify the insurer within the required time-frame, it can delay the injured worker’s claim and potentially affect their eligibility for benefits, according to the WCB.
Importance of Prompt Reporting:
Prompt and accurate reporting of workplace injuries is crucial for both the employer and the injured worker. It ensures that the injured worker receives timely medical treatment and benefits, and it helps the employer manage their workers’ compensation costs and avoid penalties, according to the WCB
In New York, a hospital that negligently violates patient transfer requirements can face a civil penalty of up to $25,000 per violation. A physician responsible for the transfer might be penalized up to $50,000 and could be excluded from Medicare/Medicaid participation for egregious or repeated violations.
Here’s a more detailed breakdown:
Civil Penalties:
Hospitals can be penalized up to $25,000 for each negligent violation of patient transfer rules.
Physicians involved in the transfer can face penalties up to $50,000.
Exclusion from Programs:
If a physician’s violation is considered gross, flagrant, or repeated, they could be excluded from participating in Medicare and Medicaid programs.
Private Causes of Action:
A patient who is harmed due to an improper transfer can file a civil suit against the hospital or physician to seek damages under state personal injury laws, according to ACEP.
In Michigan, patient abandonment by a healthcare professional can lead to civil lawsuits, licensing discipline, and potentially criminal prosecution, depending on the severity of the situation. Civil lawsuits can result in damages awards to the patient, while licensing discipline could involve suspension or revocation of a license. Criminal prosecution is possible if the abandonment is deemed a crime, potentially leading to jail time and fines.
Elaboration:
Civil Lawsuits:
A patient or their family can sue a healthcare provider for abandonment, seeking compensation for damages incurred due to the lack of care.
Licensing Discipline:
State licensing boards can take action against a healthcare professional’s license if they determine abandonment occurred, which could range from warnings to license suspension or revocation.
Criminal Prosecution:
In certain cases, patient abandonment could be classified as a crime, potentially leading to criminal charges, fines, and even jail time, according to Berxi.
Medical Malpractice:
Abandonment is also a form of medical malpractice, meaning a patient can sue a doctor for damages if they are harmed due to improper termination of care.
Key Considerations:
For a situation to be considered abandonment, the patient must be harmed, the termination of care must be unreasonable, and the patient must not be given a reasonable opportunity to find a replacement provider, according to the Michigan Dental Association.
In New York, tampering with physical evidence is a Class E felony, punishable by up to four years in prison. This crime, covered by NY Penal Code Article 215.40, involves actions like concealing, altering, or destroying physical evidence with the intent that it be used or introduced in an official proceeding.
Definition:
Tampering with physical evidence includes knowingly making, devising, or preparing false physical evidence, or producing or offering such evidence in a proceeding knowing it to be false. It also encompasses suppressing evidence by concealing, altering, or destroying it, if the person believes the evidence will be used in an official proceeding.
Class E Felony:
This means the maximum penalty is four years in prison, according to The Fast Law Firm.
Sentencing Options:
The court has various sentencing options, including indeterminate sentences up to 1 1/3 to 4 years in prison, a determinate sentence up to 1 year, a split sentence (up to 6 months jail and the rest on probation), conditional discharge, unconditional discharge, or probation.
Potential Additional Charges:
You can be convicted of tampering with evidence even if acquitted of the original charges
In New York, witness intimidation can carry significant penalties, ranging from misdemeanor charges to felony offenses, depending on the severity of the act. Intimidating a victim or witness in the third degree is a Class E felony, while higher degrees can result in more serious prison sentences
Degrees of Witness Intimidation and Potential Penalties:
Intimidating a Victim or Witness in the Third Degree:
(NY Penal Law § 215.15) – A Class E felony, potentially punishable by up to a year in jail or a determinate sentence.
Intimidating a Victim or Witness in the Second Degree:
(NY Penal Law § 215.16) – A Class D felony, which can result in an indeterminate sentence of 2 1/3 to 7 years in prison, a determinate sentence of 1 year or less, or a split sentence with probation, according to The Fast Law Firm.
Intimidating a Victim or Witness in the First Degree:
(NY Penal Law § 215.17) – A Class B felony, which can lead to a significant period of incarceration in state prison.
Other Relevant Charges:
Tampering with a Witness:
This is a broad category that includes acts like making false statements, practicing fraud, or causing physical injury to prevent a witness from testifying, according to Saland Law.
Tampering with a Witness in the Fourth Degree:
(NY Penal Law § 215.10(b)) – A misdemeanor, often involving making false statements or practicing fraud to influence a witness’s testimony, according to Saland Law.
Tampering with a Witness in the Third Degree:
(NY Penal Law § 215.11) – A felony, punishable by up to four years in state prison, according to Saland Law.
Tampering with a Witness in the Second Degree:
(NY Penal Law § 215.12) – A Class D felony, often involving physical injury to prevent testimony, according to The Law Offices of Jeffrey Lichtman.
Tampering with a Witness in the First Degree:
(NY Penal Law § 215.13) – A Class B felony, with potentially severe prison sentences, according to Saland Law.
It is important to note that the specific charges and penalties can vary depending on the circumstances of the case and the specific actions taken to intimidate the witness
In New York, harassment laws cover a range of behaviors intended to annoy, harass, or alarm another person. These laws can be found in the Penal Law and include provisions for both first and second-degree harassment, as well as aggravated harassment.
Key aspects of New York’s harassment laws:
Harassment in the First Degree (Penal Law § 240.25):
This involves intentionally and repeatedly harassing someone by following them, engaging in a course of conduct, or committing acts that place them in reasonable fear of physical injury. It’s a Class B misdemeanor.
Harassment in the Second Degree (Penal Law § 240.26):
This involves acts intended to harass, annoy, or alarm, such as physical contact, following, or engaging in a course of conduct that serves no legitimate purpose.
Aggravated Harassment in the Second Degree (Penal Law § 240.30):
This involves harassment based on a person’s perceived race, color, national origin, ancestry, gender, religion, age, disability, or sexual orientation, and can also involve threatening harm or causing physical injury. It’s a Class A misdemeanor.
Aggravated Harassment in the First Degree (Penal Law § 240.31):
This involves aggravated harassment based on protected characteristics, and can be a Class E felony if certain elements are present, such as intent to intimidate or incite violence.
Digital Harassment:
New York law also addresses online harassment, including cyber-stalking and other forms of harassment through digital communication.
Workplace Harassment:
New York’s laws also prohibit harassment in the workplace, including sexual harassment and other forms of discrimination.
Retaliation:
It’s unlawful for an employer to retaliate against an employee for opposing or speaking out against unlawful harassment
In New York, there are legal consequences for falsely reporting an incident, which can include jail time and a criminal record. The specific penalties depend on the severity of the false reporting, ranging from misdemeanor to felony charges. For instance, falsely reporting an incident in the third degree is a Class A misdemeanor, punishable by up to one year in jail. Falsely reporting an incident in the second degree is a Class E felony, punishable by a maximum of four years in prison. If you have a prior conviction for the same offense, the charge can be upgraded to a Class D felony, potentially leading to a seven-year prison sentence.
In New York, if a misdiagnosis leads to harm, the patient can sue for medical malpractice. A misdiagnosis lawsuit in NY can result in compensation for various damages, including past and future medical expenses, lost wages, pain and suffering, and lost enjoyment of life. The amount of compensation can vary significantly depending on the severity and duration of the harm caused by the misdiagnosis.
What is a Misdiagnosis Lawsuit?
A misdiagnosis occurs when a doctor incorrectly identifies a patient’s condition, leading to improper treatment or delay in appropriate care.
To succeed in a misdiagnosis lawsuit, the patient must prove the doctor’s actions deviated from the standard of care, and this deviation caused them harm.
What Damages Can Be Recovered?
Compensatory damages:
These damages aim to compensate the patient for their losses. Common types include: Past and future medical expenses: Including costs for treatment, medication, and rehabilitation.
Lost wages: Compensation for income lost due to the misdiagnosis.
Pain and suffering: Compensation for physical and emotional pain and distress.
Lost enjoyment of life: Compensation for diminished quality of life.
Future medical costs: Compensation for projected medical needs.
Punitive damages:
In cases of egregious negligence, punitive damages may be awarded to punish the negligent party and deter future misconduct.
Wrongful death damages:
If misdiagnosis leads to a death, surviving family members can pursue compensation for funeral expenses, loss of support, and other losses.
Other potential damages:
Reimbursement for travel expenses, medical monitoring costs, and prescription medication expenses.
Important Considerations:
Statute of limitations:
In NY, the statute of limitations for medical malpractice is 2.5 years from the date of the malpractice or the end of continuous treatment.
Expert testimony:
Medical malpractice claims often require expert testimony from other medical professionals to establish a breach of the standard of care.
Attorney fees:
New York law limits attorney fees in medical malpractice cases, with a standard rate of 30% for the first $250,000 recovered.
In Michigan, a health care provider who negligently discharges a patient can face legal consequences. While not explicitly a criminal offense, a negligent discharge can lead to a medical malpractice lawsuit. The patient may sue for damages resulting from the negligent discharge, and the hospital or doctor may face legal action.
Medical Malpractice Lawsuit:
.
A patient who suffers injury or harm due to a negligent discharge can sue for medical malpractice.
Damages:
The patient can seek compensation for medical expenses, lost wages, pain and suffering, and other damages resulting from the negligent discharge.
Modified Comparative Negligence:
Michigan law allows for modified comparative negligence, meaning that the damage award may be reduced if the patient is found to be partially at fault for the injury.
Statute of Limitations:
There is a statute of limitations on filing a medical malpractice claim in Michigan.
Punitive Damages:
Michigan law prohibits punitive damages in medical malpractice cases
In New York, penalties for workplace injuries primarily target employers who fail to comply with their responsibilities under the Workers’ Compensation Law (WCL). These penalties can include fines, imprisonment, and restitution for fraud or failing to provide workers’ compensation coverage.
Employer Penalties:
Failure to Secure Coverage:
Failing to secure workers’ compensation coverage for non-exempt employers can result in a misdemeanor charge, punishable by a fine between $1,000 and $5,000, according to GTM Payroll Services. Penalties can also be assessed at a rate of $2,000 per 10-day period without coverage, potentially exceeding $12,000, according to the Workers’ Compensation Board.
Failure to Report Injuries:
Neglecting to report injuries to the Workers’ Compensation Board (WCB) can lead to a misdemeanor charge with a fine of up to $1,000, along with a potential additional penalty of up to $2,500 from the WCB, according to GTM Payroll Services.
Workers’ Compensation Fraud:
Knowingly making false statements to avoid paying a claim can result in a class E felony charge.
Retaliation:
Employers cannot fire, demote, or take adverse action against an employee for filing a workers’ compensation claim. Retaliation can result in fines of $100 to $500, and the employee may be able to pursue civil action.
Failure to Post Notices:
Employers must display a notice stating they have a workers’ compensation policy, and failing to do so can be a violation.
Unnecessary Adjournments:
Employers who cause unnecessary delays in processing claims may face penalties.
Claimant Penalties:
Fraud:
Claimants who knowingly defraud the system by falsely reporting injuries or income may face charges, fines, and even imprisonment, according to Ben Crump.
Frivolous Adjournments:
Frivolous requests for adjournments of hearings can result in a fine of $500, according to Lois Law Firm
