The New York Supreme Court, Appellate Division, First Department affirmed a trial court order that granted partial summary judgment for the plaintiff on liability, holding that the defendant driver was negligent when he hit the pedestrian in the crosswalk. The plaintiff was crossing the street when he was hit by the defendant’s car. Prior to being […]
Miscellaneous
Glass Door Falls on Construction Worker Because of Broken Hinge; Denial of Summary Judgment for Defendant Affirmed by First Department
The New York Supreme Court, Appellate Division, First Department affirmed a trial court’s order denying summary judgment for two defendants after a glass door fell on the construction worker plaintiff. The plaintiff was working at a construction site in New York City. The site was owned by Prudential, and Pinnacle was managing the project. The […]
Construction Company Held Liable for Falling Brick that Hit Construction Worker
The New York Supreme Court, Appellate Division, First Department reversed a trial court order that denied a construction worker plaintiff’s motion for partial summary judgment regarding a Labor Law 240 (1) claim involving a falling brick. The plaintiff was a construction worker. The defendants were two construction companies working together on a construction project. During a […]
$115,000 Pain and Suffering Verdict Affirmed in Surgical Malpractice Case
The New York Supreme Court, Appellate Division, Fourth Department affirmed a jury verdict that awarded the plaintiff $115,000 in past pain and suffering when a surgical team left a surgical instrument inside of the plaintiff. The plaintiff was undergoing surgery at the defendant hospital at the time of the incident. A team of nurses and […]
Second Department Rules in Favor of Defendant School in Falling Debris Case
The New York Supreme Court, Appellate Division, Second Department reversed a trial court order that denied the defendant’s motion to dismiss in a personal injury case involving falling debris. The plaintiff was a teenage student at Locust Valley High School at the time of the accident. The plaintiff volunteered with the high school’s stage crew. On the […]
Personal Injury Attorney Report: Landowners Have a Duty to Prevent Foreseeable Crimes from Occurring to Guests on Property
The New York Supreme Court, Appellate Division, Second Department reversed a trial court order that denied summary judgment to two landlords of a restaurant whose employees attacked the plaintiff. One day, the plaintiff was walking down the sidewalk of New Utrecht Avenue in Brooklyn, New York. There is a restaurant that spans 6010 and 6012 New […]
Diving Board Liability and the Assumption of Risk
This post discusses a personal injury concept that, while at times confusing, often plays an integral role in determining liability: assumption of risk. Assumption of risk is a defense in a personal injury action in which a defendant claims that the plaintiff voluntarily undertook an activity with the knowledge that there is an inherent danger […]
New Trial Ordered in Brooklyn Car Accident Case After Jury Verdict Sheet Deemed Unclear
In Ki Tak Song v Oizumit the Appellate Division, Second Department reversed a jury verdict for the defendants and ordered a new trial after it found that the jury was confused when filling out its verdict sheet. The Plaintiff, Ki Tak Song, was suing the plaintiffs Yoko Oizumi and Daniel Oizumi for personal injuries he […]
Appellate Department Upholds Right of Plaintiff to Impeach Doctor Based Upon 1099 Records
In Dominicci v Ford, an appeal to the Appellate Division, Fourth Department from a July 3, 2014 decision by the Supreme Court of Monroe County, the appellate court affirmed the lower courts decision to deny a request from State Farm Automobile Insurance Company to quash a subpoena for records belonging to a doctor working for […]
Second Department Overturns Negligent Supervision Case
The Appellate Division, Second Department, in Nelson v Friends of Associated Beth Rivka Sch. for Girls, has held that an emergency room record containing statements made by a preschool student, should have been admitted. This overrules a lower court ruling that the records were not admissible because of doubts regarding the validity of the student’s testimony […]
The Perils of Volunteerism – A Nursing Home Case Example
In Chahalis v. Sunrise Senior Living Management, Inc., the plaintiff, Ms. Chahalis, was visiting a bedridden relative residing at the nursing home owned and operated by the defendant. During this visit, Ms. Chahalis observed that her relative appeared to be in pain so she tried to summon a nurse. When she found one, the employee accompanied Ms. […]
Tips for Choosing the Right Nursing Home for Your Elderly Loved One
Selecting a nursing home for your loved one is a difficult decision. It is not easy to trust someone else or a stranger to meet the needs of your mother, father, spouse, or family member. Here is a list of factors you should consider when picking the right living arrangement and nursing home for your […]
Nassau County Nursing Home Cited for 19 Deficiencies
Parkview Care and Rehabilitation Center, a nursing home in Massapequa, Long Island, was cited in an April Department of Health certification survey for nineteen deficiencies. The most serious of these deficiencies resulted in “actual harm” to a resident. A finding of actual harm is the second most serious level of severity that the DOH assesses […]
NY Woman Injured after Hair Becomes Trapped in Escalator Stairs
A 32-year-old woman suffered serious injuries after her hair become trapped between escalator stairs on July 3, 2013. The woman, who suffers from epilepsy, suddenly lost consciousness while riding an escalator at a subway station at 125th Street and Broadway in Harlem, New York. After her head hit the steps, the escalator kept moving, trapping the […]
Repairman Charged with Felony Assault after Woman Seriously Injured in Brooklyn Elevator Accident
A Brooklyn grand jury indicted Jason Jordan, an elevator maintenance man, on felony assault and reckless endangerment charges in December 2011 for allegedly causing an elevator accident that severely injured a woman’s arm and leg. In addition to causing the accident, prosecutors accused Jordan of fleeing the accident scene “without saying a word or offering help” to the victim. […]
Five Men Wrongfully Convicted in Central Park Jogger Attack to Receive $41 Million Legal Settlement
New York City Controller Scott Stringer approved a $41 million legal settlement in June 2014 for five men who were wrongfully convicted and imprisoned for beating and raping a woman jogging in Central Park in 1989. Stringer stated that “this settlement is a prudent and equitable solution for all parties to the lawsuit and closes a very […]
Settlement of Class Action Lawsuit Forces NYC to Repair Elevators Used by Disabled Tenants
A class action lawsuit settled in September 2012 forced the New York City Housing Authority (NYCHA), a governmental agency that provides housing to low-income tenants, to repair malfunctioning and broken elevators used by disabled residents. The NYCHA operates more than 2,600 buildings throughout the city and is responsible for maintain 3,300 elevators. The class action lawsuit, which was […]
Toddler Suffers Injured Hand in NYC Escalator Accident
A 21-month-old boy was injured during an escalator accident in February 2013 at a Barnes & Noble bookstore on the Upper West Side. The toddler was going down the escalator with his nanny when his hand became trapped between two steps after he tripped and fell. A store employee stated that the escalator shut off automatically, and […]
Suffolk County Agrees to $200K Legal Settlement for Video Journalist Who Was Wrongfully Arrested
Members of the Suffolk County Legislature approved a $200,000 legal settlement in June 2014 after a video journalist filed a lawsuit that claimed he was wrongfully arrested for recording police activity in a public area. The settlement also states that all members of the Suffolk County Police Department (SCPD) must be trained and tested about the public’s First Amendment […]
85-Year-Old Man’s Legs Crushed in NY Elevator Accident
An 85-year-old East Harlem resident suffered from severe injuries after his legs were crushed in an elevator accident in 2012. The man was rushed to Harlem Hospital where doctors said he suffered from fractured bones in his legs and was listed in critical condition. After neighbors called 911, firefighters who responded to the accident found the man lying in […]
Eight Victims of Giants Stadium Escalator Accident Reach Undisclosed Financial Settlement with Maintenance Company
While attending a football game at Giants Stadium in December 2007, eight people were seriously injured after an escalator they were riding suddenly malfunctioned. After filing a lawsuit against Schindler, the company in charge of maintaining the escalator, the case was finally brought to trial in January 2012. However, after only one day in the court room, […]
Mother Files $25 Million Lawsuit after Mentally Ill Son Dies in Custody at Rikers Island
Alma Murdough, whose 56-year-old mentally ill son died while in custody at Rikers Island, filed a $25 million lawsuit in April 2014 against New York City. The suit claims that employees at Rikers Island were careless and negligent after they failed to check up on Murdough’s son, whose cell reached a temperature of 101 degrees. According to […]
Long Island Nursing Home Resident Found Dead after Accidentally Strangling Himself to Death with Seatbelt
According to a New York State Department of Health citation report, staff members of the Suffolk County Center for Rehabilitation and Nursing center, a 10-bed nursing home located in Patchogue, Long Island failed to monitor a patient who was found dead in a bathroom with a seatbelt around his neck. The report indicated that the […]
Elderly Residents of Brooklyn Assisted-Living Facility File Lawsuit to Prevent Closure
Seven elderly residents of the Prospect Park Residence, a 120-bed assisted-living facility in Brooklyn, New York, filed a lawsuit in May 2014 to prevent the facility from shutting its doors in June 2014. The lawsuit, filed in State Supreme Court in Brooklyn, is seeking a preliminary injunction and a temporary restraining order to delay the […]
Federal Report: Many States Fail to Keep Nurse Aide Registries Up-to-Date
What is the Nurse Aide Registry? According to various federal and state laws and regulations, states must create and maintain a nurse aide registry that is available to nursing homes and the general public. The registry must contain the following information: • The full name of the individual nurse aide and his or her certification […]