Category Archives: General Personal Injury
Recalls of Defective and Dangerous Drugs are Frequent and Ongoing
There are three different ways in which a recall can occur: a voluntary recall initiated by the drug company; a voluntary recall at the request of the FDA; or a mandatory recall required by the FDA. Drug recalls are classified into one of three classes according to the level of danger posed by the… Read More »
Parked Cars and Pit Bulls A Lesson in Liability
As a woman walked by a parked car (parked illegally in a no-parking zone) at a gas station/convenience store, a pit bull stuck its head out an open window and bit the woman on the breast. The injured woman (Reyes) sued the owner’s insurance company (GEICO), which offered to settle the case for $25,000,… Read More »
New York City Restaurant Agrees to Pay $600,000 to Settle Same-Sex Harassment Lawsuit
Earlier this year, Sparks Steak House in Manhattan agreed to pay $600,000 to settle charges brought by the U.S. Equal Employment Opportunity Commission (EEOC), alleging sexual harassment of 22 male workers by a male supervisor. The lawsuit in EEOC v. Michael Cetta, Inc. d/b/a Sparks Steak House alleges that the floor manager, or maître… Read More »
Actual Notice of Hazard Leads to Record New York Damage Award
Last week this blog reported on the case of Fama v. NYC, where a Department of Sanitation worker could not recover for his slip-and-fall injury because he could not prove that the City knew about the dangerous condition (a puddle of oil on the garage floor) yet failed to correct it in a reasonable… Read More »
Highway Construction and Fuel on the Floor
A couple of personal injury lawsuits against New York City were recently resolved in the courts. One case resulted in a jury award of $7.25 million for the injured plaintiff and his wife. In the other case, the court refused to hold the City liable for its worker’s on-the-job injury. Lack of Signage Causes… Read More »
Court Determines Mishandling of Teen’s Corpse Only Worth $600,000, Despite Jury’s Million-Dollar Verdict
New York Public Health Law provides that every body of a deceased person is entitled to a decent burial or cremation within a reasonable time after death. Section 4215 in particular addresses the remains of a body after an autopsy dissection has been performed and requires that these remains be buried as well. In… Read More »
Doctor Misdiagnoses Man with Terminal Brain Cancer
Mark Templin was given a bleak diagnosis from his physician, Dr. Patrick Morrow – he was informed that he had terminal brain cancer, and had only months to live. Templin didn’t question the diagnosis. He quit his job, sold his pickup truck, and made prearranged funeral plans. Templin celebrated what he thought would be… Read More »
Trial Underway in Michael Jackson Wrongful Death Case
Opening statements began Monday, April 29th, in the wrongful death lawsuit brought by the mother and children of pop icon Michael Jackson against Anschutz Entertainment Group (AEG), the megalithic entertainment company which was organizing a series of concerts for Michael Jackson at the time of his demise. The first week of trial brought testimony… Read More »
Police Chase Ends Badly for Innocent Bystanders; Appeals Court Refuses Help
A police chase through New York City streets ended when the car being pursued lost control of the vehicle, striking and injuring two pedestrians. A lawsuit against the City was recently dismissed by the appellate court, citing a New York law giving considerable leeway to police when in pursuit. This law allows police to… Read More »
New Rules Make It Harder to Claim New York No-Fault Insurance Benefits
The Fourth Amendment to 11 NYCRR 65-3, adopted on January 30, took effect earlier this month. This amendment to the New York Code, Rules and Regulations (NYCRR) is favorable to the insurance industry, and the effect of this amendment will be to cut down on the number of claims that can be filed for… Read More »
