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On May 13, 2020 an appellate court covering Kings County overruled a Brooklyn trial court that allowed the manufacturer of a Warm Mist Humidifier to sue the parents of a 10 month old baby girl whose foot was badly burned by its product. The father had placed the humidifier on the floor in the liv...
On May 27, 2020, Judge Robert D. Kalish of the New York County Supreme Court ordered a defendant in a personal injury action to produce his client and two nonparty witnesses for a remote video deposition. There was no disagreement that the witnesses had relevant testimony to offer. Rather, defens...
The question of whether an attorney can be held liable for failing to properly prepare an eyewitness for a deposition was addressed by an appellate court. A disgruntled client who lost a jury trial concerning a motor vehicle accident claimed that if only the sole eyewitness had been better prepar...
On March 25, 2020, an appellate court covering Suffolk County found that a Riverhead attorney had taken advantage of a grieving widow who had just received $300,000 in life insurance proceed following the death of her husband. The attorney was retained by the widow to file a petition for probate....
On May 14, 2020, a New York State appellate court agreed with a Manhattan Judge that a legal malpractice claim against an attorney who defended a NYC Teacher at a Board of Education license revocation hearing, lacked sufficient proof to proceed to a jury trial. The Teacher lost his license follow...
On April 9, 2020 an appellate court agreed that a Manhattan jury got it right in awarding over $3,000,000 to a 52 year old carpenter who was struck in the neck by a falling wooden plank. The accident occurred at a construction site on First Avenue as a result of an unprotected opening in the floo...
A few months ago an appellate court agreed that a Manhattan Supreme Court Justice correctly addressed a gross injustice in a jury verdict that awarded an injured construction worker $4,144,141 for lost earnings and medical expenses but nothing for pain and suffering. This is called an inconsisten...
On June 4, 2020 a Brooklyn Supreme Court Justice ruled that a wrongful death suit on behalf of a 41 year old father of 3 failed to meet the strict requirements of a suit against municipal paramedics administering emergency medical care. The decedent's fiance and daughter called 911 three times ov...
On June 24, 2020 an appellate court addressed the value of the fair compensation for a 50 year old female whose small intestine was perforated during an endoscopy procedure.The plaintiff's expert at trial told the jury that an emergency laparotomy was necessary causing a 7 inch abdominal scar and...
It was reported in Law 360 today that five employees of a McDonald's franchise in Oakland, California tested positive for COVID-19 and filed suit "alleging the franchise's owners forced highly contagious workers who had contracted the virus to keep working and gave workers face masks made from do...
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