Tag Archives: Law Enforcement
NYPD Accused of Racial Profiling in Stop and Frisk
A federal trial concerning the “Stop, Question and Frisk” policy of the New York City Police Department concluded in May, and a decision is expected soon. The two-month trial of Floyd v. City of New York began on March 18 in the United States District Court for the Southern District of New York with… 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 »
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 »
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 »
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 »
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 »
