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Last month, a Kings County jury awarded $1,250,000 for past pain and suffering and $3,680,000 for future pain and suffering (over 46 years) to a 26 year old foreign exchange student who was struck by a bus while crossing a street in downtown Brooklyn in 2019. This jury found that the driver of th...
On February 15, 2024, an appeals court covering a New York County case issued an opinion of first impression concerning standing to sue for legal malpractice. The case involved a retrocessional insurer (reinsurer of a reinsurer) seeking to bring a legal malpractice action against the attorneys re...
On December 20, 2023, a Kings County jury found in favor of an Equinox Fitness facility and its trainer who were sued by a patron who fractured his wrist when he fell during an exercise class. Surgery was necessary to stabilize the fractures with an open reduction and internal fixation. The plain...
On February 2, 2024, a New York intermediate appellate court upheld an Erie County jury verdict of approximately $2,300,000 to a female construction worker who was struck by an unsecured "32-foot-long extension ladder that had been leaning against a wall fell, hitting her on the head and left sho...
On November 29, 2023, a unanimous Queens County jury awarded $7,000,000 and found that Ted T. Du M.D., a local opthalmologist was responsible for the loss of an eye suffered by one of his patients. The jury found that Dr. Du had departed from good and accepted medical practices on a single office...
On January 31, 2024, the Appellate Division, Second Department threw out a defense verdict following a bifurcated jury trial of a motor vehicle accident. The plaintiff/pedestrian claimed that while crossing Brighton Beach Avenue at its intersection with Ocean Parkway (in Brooklyn) within the cros...
Yesterday, the Appellate Division, Second Department overruled a Kings County Supreme Court Justice who had dismissed a medical malpractice wrongful death claim brought by the widow of a year old
In a lengthy decision dated December 24, 2023, Kings County Supreme Court Justice Aaron D. Maslow denied the defendant's motion to pre-seat a wheelchair bound plaintiff (pushed by an aide) in the witness box. The defendant-motorist, while making a right turn, was claimed to have carelessly struck...
On January 11, 2024, an appellate court covering the Bronx affirmed the denial of summary judgment dismissing plaintiff's case brought against St. Barnabas Hospital, an ER doctor and a hospice. The plaintiff was 56 years old when in response to complaints of severe abdominal pain, dizziness and w...
On January 9, 2024, a New York State appellate court unanimously affirmed that Bronx Supreme Court Justice Leticia Ramirez properly cut over $5M from a jury verdict of $6,765,762 to $1,277,762. The case involved a 39 year old construction worker who fell from a defective ladder that wobbled due t...
On December 27, 2023, an appellate court modified a Suffolk County jury verdict which found in favor of a female passenger in a car struck from the rear by a Suffolk County bus. The plaintiff, who was approximately 70 years old at the time of the accident in 2012, sustained a loss of range of motion in her cervical spine for which she re...
In one of the largest recorded medical malpractice verdicts, a 41 year old Manhattan real estate broker who suffered catastrophic brain injuries was awarded: $51M for pain and suffering; $550,000 for past medical expenses and $19,118,263 for future medical expenses. His wife was awarded $51,000,0...
On December 27, 2023, the Appellate Division, Second Department overruled a Staten Island trial judge who reduced a jury verdict of $6,000,000 to $500,000. The appeals court held that a $6,000,000 award for three years of past pain and suffering was excessive but that $500,000 was inadequate and ...
On December 14, 2023, the Appellate Division, First Department rejected an appeal by the New York City Transit Authority (NYCTA) which sought to set aside a plaintiff's jury verdict awarding $500,000 for past pain and suffering, $1,050,000 for future pain and suffering and $125,000 in future medi...
On August 18, 2023, a New York County Supreme Court Justice denied a law firm's motion to dismiss a legal malpractice claim. The plaintiff was the Administrator of his father's Estate and claimed that the legal services provided by the attorney's were careless and untimely causing economic losses...
On August 9, 2023,a New York State appeals court covering lawsuits in Brooklyn described how the statute of limitations (deadline) for filing claims against attorney's for fraud or deceit can be shortened to 3 years. In an action against an attorney for deceitful conduct under Judiciary Law Secti...
According to a report in USA Today on August 10, 2023, a 20 year old first time mother sued a hospital in Riverdale, Georgia and her obstetrician, Dr. Tracey St. Julian for gross negligence and malpractice arising out of a nightmarish delivery in July 2023. A physician allegedly used to much forc...
On June 29, 2023, a not so conservative Westchester County, New York jury awarded $11,036,539 to a 38 year old man who was struck by a falling fence on a construction site undergoing demolition. The owner of the property was found 100% liable on a pre-trial unopposed motion for summary judgment. ...
On July 12, 2023, the Appellate Division rendered a decision in what it described as a case of first impression: whether the Arons rule would allow defense counsel to conduct an informal ex parte (private) interview of a physician assistant who treated the plaintiff about the cause of an accident...
On July 5, 2023, an appellate court covering appeals from Queens County, Supreme Court agreed that a surgeon claimed to have caused the death of his patient must present his defenses at a jury trial. The plaintiff's decedent was admitted to the emergency room of the defendant Long Island Jewish M...
On June 28, 2023, the Appellate Division, Second Department joined the First Department in holding that a plaintiff requiring surgery for the injuries suffered in an accident is not required to delay surgery and prolong his/her suffering just so that the defendant who is being sued for those inju...
On June 29, 2023, the New York Law Journal reported that an attorney in Georgia had won a $1,500,000 verdict three months ago for his client who was injured in a car accident. That verdict was tossed out based on the defense attorney's post trial motion for a new trial. The trial court found that...
On May 23, 2023 the NY Court of Appeals addressed two cases involving the New York City Housing Authority (NYCHA) and negligence claims are discussed. In both cases, tenants were attacked by intruders who entered their buildings through exterior doors that were assumed to have non-functioning loc...
On May 17, 2023, an appellate court covering appeals from Queens County Supreme Court reversed a trial judge who refused to declare a mistrial during opening statements. The plaintiff claimed that while riding his motorcycle on a road in Queens when a truck driving in the opposite direction hit t...
On May 11, 2023, a NYS appeals court dismissed a legal malpractice claim arguing that plaintiff (client) unnecessarily spent tens of thousands of dollars on attorney fees to litigate and thereafter, arbitrate a real estate partnership dispute "because of the attorney's bad advice to advance certa...
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