Recent Blog Posts
Woman who Received Permanent Injuries from Fall Has Award Reduced by Court
In 2014, we reported on the case of Alcantara v. New York City Transit Authority, where a woman received a substantial award by jury verdict after suffering life-altering injuries when she fell down damaged stairs at a subway stop. In a recent decision from the Appellate Division, the jury verdict has been altered, substantially… Read More »
Releases of Liability Limited Only to Those Named in the Release
A recent opinion from the New York Appellate Division, First Department, took a look at what claims are and are not covered by a release of liability. The court’s decision – covering New York County (Manhattan) and the Bronx – shows that releases of liability are not always as broad as they may first… Read More »
Westchester County Supreme Court Considers whether Injured Firefighter Is Entitled to Personal Injury Damages
In an opinion recently released on May 20 by the Supreme Court for Westchester County, the court considered a claim for damages by a firefighter who suffered serious injuries fighting a fire which the plaintiff asserted was caused by a negligent act of the building’s occupants. The case of Bucaj v. Capra Re Inc.,… Read More »
News Reports Settlement Reached in Joan Rivers Wrongful Death Lawsuit
Nearly two years after Joan Rivers’ death, it has been reported that the malpractice lawsuit filed against her treating physicians has reached a settlement. While the amount of the settlement has not been disclosed, the doctors against whom the claim was filed have publicly accepted responsibility for her death. The procedure which Rivers underwent,… Read More »
Multiple Car Accident Results in Complex Legal Concerns
A recent summary judgment decision from the Second Department of the New York Appellate Division shows how complex it can be to prove liability in the case of a multi-car accident, and how critical it is to find an attorney who understands the value of thorough factual investigation and evidence gathering. The Second Department… Read More »
New York Courts Address Injury Threshold in Recent Case
In a case coming before the Appellate Division of the New York Supreme Court, the judges reconsidered a motion for summary judgment based on the argument that the plaintiff had not suffered a serious injury such that they had overcome New York’s injury threshold. Strong testimony from the plaintiff’s medical experts helped to keep… Read More »
Top Three Causes of Death in the U.S.: Heart Disease, Cancer, and Medical Errors
We all realize how common medical errors can be, and we have all heard stories of tragic mistakes made by medical professionals out of carelessness that have cost a patient their health or life. Yet in what may come as a shock even to those familiar with the crisis of medical errors, a pair… Read More »
New York County Court Allows Claims against Bus Driver and Employer to Move Forward After Child Hit
In a recent case that came before the Supreme Court of the state of New York for New York County, Archer v. All American School Bus Corp. et al., the court outlined the limits of a school’s liability for a student’s injuries after disembarking from a school bus, but also noted the bus driver’s… Read More »
Wrongful Death Award Highlights High Standard Required to Receive Damages for Pre-Impact Terror and Conscious Pain and Suffering
A jury award to the heirs of a bus accident victim, recently upheld but modified on appeal, goes to illustrate the amount of evidence New York courts will require to prove that damages for pre-impact terror or conscious pain and suffering are warranted. The lawsuit in question was on behalf of Virginia McKibbin, a… Read More »
Court Permits Plaintiff to Continue Pursuing Trip-and-Fall Claim
In an opinion on a summary judgment motion recently issued by a New York Supreme Court judge in Westchester County, the court shed light on how New York courts are to determine whether or not a crack or other defect on a public walkway is too slight to give rise to a claim for… Read More »