Category Archives: General Personal Injury
Man on Bike Collides with Dog Running Free Across Central Park Roadway
Court finds no liability for dog’s owner. On April 16, the Appellate Division of the New York Supreme Court held that the trial court in the case of Doerr V. Goldsmith should have dismissed the plaintiff’s personal injury complaint as a matter of law, rejecting the plaintiff’s common law negligence claim in favor of… Read More »
When is the Government Liable for the Negligence of its Employee?
Apparently, not when a city employee sends a biker through a construction zone closed to traffic, and the cyclist strikes a pothole, fractures her jaw and endures other injuries to her face, requiring 21 surgeries and counting. Such is the opinion of the Supreme Court of New York in Wittorf v. City of New… Read More »
Strapped to a Chair and Tasered
Appeals Panel Overturns $2 Million Jury Verdict in NYC Police Excessive Force Case “The right of the people…to be secure in their persons…against unreasonable seizures, shall not be violated…” – U.S. Constitution, Fourth Amendment The test for determining whether or not the police used excessive force when taking someone into custody boils down to… Read More »
NY Slip and Fall Case Settles Liability when Sidewalk is Separated from Premises by Land Owned by City
Court finds grocery store liable for upkeep of sidewalk, even when unpaved grassy parcel separates them. Generally, the owner of a premises is responsible for compensating victims of slip and fall injuries if the accident is due to improper maintenance of the premises. However, when a slip and fall occurs on a sidewalk, it… Read More »
New York Subway Safety Improvement Suggestions Fall on Deaf Ears
There have been several high-profile New York personal injury subway fatalities over the past few months in the New York City subway system. These subway train fall deaths have sparked public outcry to improve safety. Several ideas have been presented to government officials and a new strategy to increase safety has been revealed by… Read More »
First DePuy Hip Replacement Case to Go to Trial Results in $8.3 Million Verdict for Injured Plaintiff
Following a five-week trial and six days of deliberations, the jury in In re: Loren Kransky and Sheryl Kransky v. DePuy, Inc., et al. (BC456086, Los Angeles Superior Court) returned a large verdict in favor of the plaintiff, awarding roughly $8.3 million to the injured victim. DePuy Orthopedics, a division of Johnson & Johnson,… Read More »
Money Talks- NY Court of Appeals Allows the Testimony of a Witness Paid $10,000
In the case of Caldwell v. Cablevision Systems Corp., a woman sued the cable company after trenches built for the company’s cable installation created a hazard. The woman was walking her dog and claimed she was injured when she tripped and fell into one of the trenches. However, the jury ruled against the injured… Read More »
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 »
