Recent Blog Posts
How Much “Medical” is Necessary for Medical Malpractice?
Civil actions utilize various statutes of limitations to assist in judicial efficacy. Generally, the statute of limitations for negligence actions is three years- but there are exceptions. For example, medical malpractice, although technically a negligence action, is bound by a 2 ½ year limit. This difference often leads to judicial wrangling with the definition… Read More »
New York Court of Appeals Shows No Love to Plaintiff’s in Personal Injury Cases this Valentine’s Day
In the case of Auqui v. Seven Thirty One Limited Partnership , the New York Court of Appeals ruled on Thursday, February 14, 2013 that a plaintiff in a personal injury suit cannot litigate an issue in their case, if that issue has already been ruled on in a related worker’s compensation proceeding. Since… Read More »
Appellate Division Weighs In On Water Park Personal Injury Case
In the latest ruling on a case that was first filed in 2008, the Appellate Division of the New York State Supreme Court, Second Department, reversed a lower court ruling dismissing the plaintiff’s personal injury claims. This means that the plaintiff, who was injured in an accident in 2007, may yet have his day… Read More »
New York Jury Slaps Drug Maker with $10 Million Punitive Damage Award
On November 2nd, a jury in the Central Islip courtroom of the U.S. District Court for the Eastern District of New York awarded over ten million dollars to a woman who suffered serious personal injury at the hands of a dangerously defective drug. Barbara Davids suffered osteonecrosis (bone death) in the jaw after taking… Read More »
DMV Provides Valuable Information on New York Car Crashes
The New York State Department of Motor Vehicles maintains valuable information regarding automobile crashes throughout the state. The DMV recently released a summary of statistical information for 2011 crash data, which provides a glimpse of the automobile accidents occurring over the past year. Statewide there were 307,550 motor vehicle crashes, which resulted in 1,077… Read More »
Drunk Driving Leads to Death of Nassau County Police Officer
James Ryan, a young man of 25, was arrested for manslaughter in the death of a police officer that arose out of a drunk driving incident on the Long Island Expressway on November 23rd. Ryan had been involved in two vehicle collisions, striking a BMW and later a Honda Civic, before coming to rest… Read More »
News Flash: Drivers Cause Pedestrian Accidents
On average, a pedestrian is struck by a vehicle every day in Midtown Manhattan, and has been every day for the past 15 years. So says a report by Transportation Alternatives, a nonprofit advocacy organization dedicated to improving safety and accessibility for bicyclists, pedestrians and public transit users throughout New York City. According to… Read More »
What Makes a Cause “Proximate?”
Proximate cause is a legal term of art. It is an essential element of the tort of negligence, whose elements include: Duty – a duty of care owed to another Breach – a breach of that duty, or failure to exercise reasonable care Causation – the breach of duty caused a legal injury to… Read More »
Testing the Limits of the Doctor-Patient Privilege
It is important for patients and doctors to trust each other. Patients need to be able to confide in their doctors and tell them everything that might be relevant to their condition, so that the doctors can diagnose and treat them correctly. The law recognizes the need for this confidential relationship and treats certain… Read More »
Social Hosts Not Liable for Drunken Party Guest Involved in Auto Accident
Landowners have a general duty to act reasonably to prevent harm to people on their property. This includes controlling the conduct of third parties on their premises, if they have the ability to do so. However, this duty does not include preventing people from leaving the property, even if they are visibly intoxicated and… Read More »
