Recent Blog Posts
New York Court Discusses Constructive Notice in Premises Liability Cases
Earlier this year, the Appellate Division of the Supreme Court of New York, Third Department reviewed the issue of constructive notice in a slip and fall case and how much evidence must be produced in order to survive a summary judgment motion and proceed to trial. The case was Mary Black v. Kohl’s Department… Read More »
Carpool Lanes and the Risk of Motor Vehicle Accidents
New York is a leader in high-occupancy vehicle lanes, also known as HOV lanes or carpool lanes, which reserve certain lanes only for vehicles with multiple passengers. This practice is meant to encourage carpooling and decrease traffic congestion. Whether HOV lanes ultimately help or harm traffic flow, it is certain that HOV lanes present… Read More »
Another Chapter in Bus Accident Victim’s Fight for Justice
More than 15 years have passed since the plaintiffs were injured in a New York bus accident, but their search for justice and compensation continues. The latest chapter in their saga came last October, when the New York Court of Appeal reached a decision in their favor. The litigation continues, however. In 1994, Gloria… Read More »
Causes of Brain Injury
Traumatic brain injury (TBI) is the general term that refers to brain damage a person suffers from a sudden physical force or impact. TBIs occur when the head hits an object or because of severe shaking. TBIs range from mild to severe and can occur in a variety of instances. Auto Accidents Nearly half… Read More »
Court Rules on Punitive Damages in Nursing Home Neglect Case
On September 14, the Supreme Court of New York (Kings County) in the case of Butler v. Shorefront Jewish Geriatric Center ruled against the plaintiff seeking punitive damages against the Haym Solomon Home for the Aged in the death of his father. What are Punitive Damages? Most damages awarded in civil cases are compensatory… Read More »
Scaffolding Collapse in Harlem Injures 17; New York City Bus Passengers Hurt
Seventeen people were injured recently when scaffolding collapsed onto the back of a New York City bus (see Violations Issued to Construction Company in Harlem Scaffold Collapse at DNAinfo.com). The accident occurred on September 20th at 301 West 125th Street near Frederick Douglass Boulevard in Harlem. The building was under demolition at the time,… Read More »
Shoulder Pain Pumps Destroy Shoulder Cartilage
A pain pump is a small catheter which is usually inserted into a shoulder following surgery. The pump is attached to the shoulder and connected to a container that is filled with a long-lasting local anesthetic. The purpose of the pump is to gradually and continuously release anesthetic for up to five days or… Read More »
The Role of the Life Care Plan in a Serious Personal Injury Case
Obtaining a recovery in any serious personal injury case requires the identification and assessment of current damages, including medical expenses and lost wages, as well as future damages, such as future medical expenses and diminished earning capacity. Estimating and projecting these future costs often requires the use of expert witnesses who can testify as… Read More »
New York Crane Accident Claims Life of Construction Worker
On August 30, a construction worker who was operating a 35-ton crane died when the crane tipped over, causing him to be pinned underneath. He died during rescue efforts after being trapped under the crane for several hours. The worker, whose name has not yet been released at the time of this writing, was… Read More »
Million-Dollar Verdict for Emotional Suffering in Stillbirth Upheld by New York Court
An article in the New York Times published online on August 23rd – After Stillbirth, Courts Try to Put a Price on a Mother’s Anguish – reports on two cases involving recovery by an expectant mother for mental suffering following a miscarriage or stillbirth caused by medical malpractice. In Ferreira v. Wyckoff Heights Medical… Read More »
