By Ronald C. Burke, Esq on Jun 28, 2018 | 0 Comments
On June 14, 2018, Justice Carol Robinson Edmead agreed that a jury should decide whether the conduct of an owner/manager of a building on East 59th Street in Manhattan was so egregious and dangerous to warrant punitive damages in addition to the usual compensatory damages. Basically, one morning ...
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By Ronald C. Burke, Esq on Jun 27, 2018 | 0 Comments
The New York Times (NYT) reported this week that hedge funds nationwide have invested billions into mass tort litigation because they can collect 18% or much more in profit. Personal injury litigants often find themselves unable to work due to their injuries and cannot wait for years to collect t...
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By Ronald C. Burke, Esq on Jun 26, 2018 | 0 Comments
No immunity under federal law for Snapchat's Speed Filter which is claimed to have led to high speed tragic car accident.
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By Ronald C. Burke, Esq on Jun 21, 2018 | 0 Comments
On June 19, 2018, the appellate court covering Manhattan upheld the pre-trial dismissal of a wrongful death claim filed by the family of a 23 year old female who was electrocuted and burned to death when she came in contact with a downed live power line during Superstorm Sandy. Simply summarized,...
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By Ronald C. Burke, Esq on Jun 18, 2018 | 0 Comments
On June 15, 2018, a Manhattan jury held five property owners who managed the facilities at East River Plaza Shopping in East Harlem, responsible for the devastating brain and neck injuries suffered by Marion Hedges, age who was standing outside a Costco retail store with her son when she was struck in the head and neck by a shopping cart thrown off a roof at shopping mall in East Harlem.
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By Ronald C. Burke, Esq on Jun 14, 2018 | 0 Comments
Yesterday, a Boston jury sided with the Red Sox team and its owner who were sued by a female fan who was seriously injured when she was struck in the face by a foul ball hit by slugger David Ortiz. The Red Sox fan sued for $9.5 million claiming that she suffered multiple facial fractures and perm...
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By Ronald C. Burke, Esq on Jun 08, 2018 | 0 Comments
On June 7, 2018, New York's highest appellate court clarified a longstanding rule regarding the liability of a municipality for failing to promptly install a recommended four-way stop sign at an intersection in the Town of Ontario. A motorcyclist with the right of way traveling north on Route 350...
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By Ronald C. Burke, Esq on Jun 04, 2018 | 0 Comments
On May 30, 2018 the appellate court covering Queens County refused to overrule a trial court Judge who had reduced a jury verdict from $2,251,663 to $1,200,000. The plaintiff construction worker was in the process of removing the fourth floor of a commercial building when a coworker requested his...
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By Ronald C. Burke, Esq on May 30, 2018 | 0 Comments
Earlier this month the appellate court covering Brooklyn reduced a Brooklyn jury verdict of $9.5M in favor of a then 20 year old lady who was struck by a bus in Brooklyn while crossing Benson Avenue by 20th Avenue. The pedestrian crossed Benson Avenue in the cross walk with the light in her favor...
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By Ronald C. Burke, Esq on Mar 02, 2018 | 0 Comments
Earlier this week, an intermediate appellate court covering the Bronx, granted a pre-trial motion which declared that a painter who fell from a ladder should win the case as a matter of law. A jury trial will determine how much to compensate the victim. There is a strict worker safety rule in New...
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By Ronald C. Burke, Esq on Feb 15, 2018 | 0 Comments
On February 6, 2018, the United States Court of Appeals, Second Circuit (which handles appeals from federal court trials in Connecticut and New York) upheld a jury verdict of $41.5 million to a 15 year old female high student. The students parents sued their daughters High School for failing to...
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By Ronald C. Burke, Esq on Feb 13, 2018 | 0 Comments
Today, the New York Court of Appeals issued a ruling allowing broad disclosure of photographs and messages posted on Facebook. Moreover, it allowed the disclosure of the data revealing the timing and number of characters in posted messages (which) would be relevant to plaintiffs claim that she ...
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By Ronald C. Burke, Esq on Jan 19, 2018 | 0 Comments
Yesterday a Bronx Supreme Court Justice upheld $9.7M of a $13M jury verdict awarded to a 37 year old woman who fell down a flight of stairs shattering her leg resulting in multiple surgeries. Worse, the plaintiff developed an extremely painful nerve disorder called complex regional pain syndrome ...
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By Ronald C. Burke, Esq on Dec 18, 2017 | 0 Comments
On December 5, 2017, Westchester County Supreme Court Justice William J. Giacomo, denied summary judgment (pre-trial dismissal) to a golfer who was struck in the head while playing in a threesome at the Lake Isle Country Club. The defendant Mac Donald and the plaintiff were experienced golfers an...
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By Ronald C. Burke, Esq on Dec 12, 2017 | 0 Comments
A Manhattan Supreme Court Justice, Robert Kalish on November 27, 2017, denied a plaintiffs motion for a preliminary injunction freezing the assets of a customer she sued for battery. The waitress was working at the Le Bain Nightclub in the Standard Hotel when she claimed that she was attacked by...
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By Ronald C. Burke, Esq on Dec 06, 2017 | 0 Comments
On November 22, 2017 an appellate court upheld $3,200,000 of a $7,200,000 verdict awarded to the wife and infant son of a 22 year old man who was killed when a garbage truck lurched backward and crushed him against a dumpster.
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By Ronald C. Burke, Esq on Nov 22, 2017 | 0 Comments
On November 2, 2017, an appellate court upheld a verdict of $800,000 for pain and suffering and $800,000 for future medical expenses awarded to a pedestrian crossing an intersection in midtown Manhattan when he was struck by the defendant taxi driver. The pedestrian suffered a tear of the labrum ...
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By Ronald C. Burke, Esq on Nov 08, 2017 | 0 Comments
It was reported today that an Appellate Court upheld a jury verdict finding that a bus driver carelessly suddenly braked and caused a 64 year old grandmother to be violently thrown to the floor. The NYC Transit Authority and its bus driver blamed the accident on the passenger for getting up from ...
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By Ronald C. Burke, Esq on Oct 31, 2017 | 0 Comments
Last week, a Sullivan County jury lambasted a School District with a $1,000,000 award to a former High School student in upstate New York who was bullied and terrorized over two years by other students. There was ample evidence of the specific acts of bullying because much of it was documented by...
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By Ronald C. Burke, Esq on Oct 26, 2017 | 0 Comments
On Tuesday an Appellate Court agreed with Supreme Court, Bronx County Judge Howard Sherman that it was fair game for a defense attorney to challenge a plaintiffs chiropractor expert on his honesty. The chiropractor had been suspended from chiropractor school 30 years ago for for falsely reporti...
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By Ronald C. Burke, Esq on Oct 20, 2017 | 0 Comments
On October 17, 2017, Southern District Judge Robert Sweet awarded $1,250,000 in compensatory damages and $1,000,000 in punitive damages to a former nursing school student who was drugged and brutally raped and sodomized at the Plaza Hotel in 2010. This horrific attack also involv...
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By Ronald C. Burke, Esq on Oct 18, 2017 | 0 Comments
In a recent decision by a Queens County Judge, a 25 year old female who had won an award of $1,000,000 in punitive damages and $2,000,000 for future pain and suffering had her recovery wiped out. The award for punitive damages was dismissed as a matter of law and the future pain and suffering awa...
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By Ronald C. Burke, Esq on Oct 17, 2017 | 0 Comments
The Appellate Court covering appeals in Brooklyn recently upheld a jury verdict of $200,000 to a 43 year old female home health aide (HHA) who suffered spinal injuries due to a car accident. The HHA was riding in an ambulette accompanying a client when she was thrown from her seat when the ambulette was rear-ended.
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By Ronald C. Burke, Esq on Oct 12, 2017 | 0 Comments
On September 21, 2017 a Queens County Justice denied the motion of a cooperative apartment building to dismiss the claim of a trip and fall victim who fractured her wrist outside an apartment building in Richmond Hill. Due to overgrown or growing tree roots, adjacent sidewalk flags are lifted whi...
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By Ronald C. Burke, Esq on Sep 21, 2017 | 0 Comments
Last week the Appellate Court covering Manhattan reduced a jury verdict but still allowed record breaking awards of $2.5 million and $2 million for pre-impact terror to the families of two men who were killed in a 2008 crane collapse on the East Side of Manhattan. The jury listened to the case ...
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