Category Archives: General Personal Injury
Court Says It’s Okay to See a Doctor for Medical Treatment
The Court of Appeals of New York, in a slip opinion issued November 22, 2011, spoke out in favor of the stunning proposition that it’s okay if your doctor is more interested in treating you than in preparing your personal injury case for litigation. The court’s decision in Perl v. Meher combines three separate… Read More »
Ladder Fall is a Covered Injury During Repair, But Not Routine Maintenance
The New York Supreme Court, New York County, issued a decision on October 18, 2011 that points up the complicated factual issues that must be addressed and argued in an on-the-job injury. In the case, Musso v. Max Capital Management Corp., the plaintiff fell off a ladder while replacing a ceiling tile in an… Read More »
New York Labor Law and the Law of Gravity
Ever since the New York Court of Appeals case of Misseritti v. Mark IV Constr. Co. in 1995, some New York courts have believed that a worker who is injured by a falling object cannot recover when the base of the falling object was at the same level as the worker. The Court of… Read More »
New York Laws, Codes, Rules and Regulations all Govern Construction Site Accidents
Knowing New York’s Labor Laws is one thing, but it is not enough just to know the statutes. For instance, Labor Law section 241 (6) requires that when a building is demolished, the walls and other parts of the structure must be shored up and guarded during the work to provide reasonable and adequate… Read More »
Products Liability Case Against Shoulder Pain Pump Manufacturer Allowed to Proceed
In a Preliminary Statement issued by the Supreme Court, Nassau County on September 30, 2011, the case of Varveris v. Orthopaedic and Sports Associates of Long Island will be allowed to proceed, with some of the causes of action against the defendant dismissed and others upheld. The plaintiff in this case is alleging personal… Read More »
A Refusal to Settle Can Be Insurance Bad Faith
A recent New York automobile accident case in Supreme Court, Kings County, reveals how an insurance company may be liable for damages when it refuses an offer to settle a case within its policy limits, and the defendant later loses at trial. The case is Taveras v. American Transit Co., decided on October 17,… Read More »
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 »
