Category Archives: General Personal Injury
Is City Liable for Slip & Fall in “Distressed Building”?
When New York City landlords fail to repair their deteriorating apartment buildings, the City can step in and contract for the repairs at the owner’s expense. What if the work is done negligently, and somebody gets hurt? Who is responsible to an injured person who slips and falls in a designated “distressed building”? This… Read More »
Appeals Court Reinstates Bronx County Medical Malpractice Birth Injury Case
Last month, the New York court of appeals reversed the 2013 decision of a Bronx County trial judge who had dismissed a medical malpractice birth injury case based on the defendant hospital’s motion for summary judgment (judgment without a trial). The appeals court held that the plaintiff had raised sufficient questions so that there… Read More »
Injured Student Assumed the Risk of Sports Injury
The Appellate Division of the New York Supreme Court recently affirmed a trial court’s ruling dismissing a personal injury case brought by a student against a teammate, his coach and his high school for an injury he suffered in the locker room after hockey practice. The court’s March 20 ruling in Litz v. Clinton… Read More »
Property Owner Not Required to Prove Lack of Notice of Dangerous Condition in Long Island Premises Liability Case
In a premises liability case, it is essential that the injured plaintiff is able to identify the cause of the accident. This fact was driven home recently by the Supreme Court of New York, Nassau County, in a slip and fall case which occurred at an assisted living facility in Lynbrook on Long Island…. Read More »
Staten Island Judge Rules on Lack of Informed Consent in Medical Malpractice Case
Recently, Judge Minardo of the New York Supreme Court, Richmond County, ruled on a summary judgment motion in the case of James v. DeCorato. The plaintiff in this case sued her doctor for medical malpractice following a series of cosmetic surgery procedures. The judge granted the defendants’ motion for summary judgment, dismissing the case… Read More »
Long Island Judge Dismisses Plaintiff’s Dog Bite Claim
A woman who was bit in the face by an 80-pound pit bull sued the dog’s owner, but unfortunately she was unable to prove that the dog displayed any vicious tendencies or propensities, or that the owner knew or should have known of any such propensity. Because of this, the defendant dog owner was… Read More »
Is There Such a Thing as a Negligent Assault? Insurance Company Forced to Defend its Insured in NYC Personal Injury Assault Case
The Supreme Court, New York County, recently issued a ruling in the ongoing litigation in United Services Automobile Assoc. v. Iannuzzi. The plaintiff insurance company was seeking a declaratory judgment, or judicial ruling, that it had no duty to defend or indemnify its insured in an underlying personal injury case. The injury in that… Read More »
NYC Bus Video Footage Shows Bus Driver Could Not Avoid Collision with Vehicle Crossing into Its Lane
Passengers riding on a New York City bus were injured when the bus collided with another vehicle on East 125th street near the entrance to the Robert F. Kennedy Bridge in Manhattan. The injured plaintiffs brought an action in the Supreme Court, New York County, suing the New York City Transit Authority (NYCTA), the… Read More »
Res Ipsa Loquitur Once More Raised in New York City Elevator Accident
Res Ipsa Loquitur is a legal doctrine that is sometimes used to hold a defendant liable for a personal injury. Translated from the Latin, the phrase means, “the thing speaks for itself.” Sometimes an accident occurs, and you cannot prove how it happened, but you know that it wouldn’t have happened unless somebody was… Read More »
Judge Allows Question of Serious Injury in New York Car Accident to be Decided by Jury
If you are injured in a New York car accident, in order to recover compensation for pain and suffering and other damages against the negligent driver, you must be able to demonstrate that you suffered a “serious injury” within the meaning of New York Insurance Law section 5102(d). That law defines a serious injury… Read More »
