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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By Ronald C. Burke, Esq on Aug 29, 2017 | 0 Comments
On August 23, 2017, a New York County Supreme Court Justice denied a property owners motion to dismiss the claim of a personal injury claimant who was injured when he slipped on snow and ice as he was descending an exterior staircase. The property owner argued that this case didnt deserve a jur...
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By Ronald C. Burke, Esq on Aug 16, 2017 | 0 Comments
When cases settle involving a plaintiff who is less than 18 years old, oftentimes their recovery is paid out thru an annuity or contract that stretches out the payment over many years into the future. One of the reasons for doing this is to protect a young person from impulsively spending the ent...
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By Ronald C. Burke, Esq on Aug 09, 2017 | 0 Comments
In a decision this summer, a Manhattan Supreme Court Justice dismissed the claim of a gym patron against New York Sports Club who fell off a work bench that allegedly tipped over while she was doing abdominal crunches with a 30 pound kettlebell. According to the plaintiff, the kettlebell crushed ...
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By Ronald C. Burke, Esq on Aug 08, 2017 | 0 Comments
This summer a United States Bankruptcy Court Judge ruled against a personal injury claimant who had been awarded lost wages. The claimant was injured in an auto accident and collected a settlement of the full auto policy from the other driver--all before she filed for bankruptcy. Since the other ...
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By Ronald C. Burke, Esq on Aug 02, 2017 | 0 Comments
According to Reuters, yesterday Saudi Arabia asked a federal court Judge to dismiss 25 lawsuits claiming it aided and abetted the attacks of September 11, 2011. Though a U.S. government commission found no evidence of a direct link between Saudi Arabia and al Qaeda, it left open whether individu...
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By Ronald C. Burke, Esq on Jul 25, 2017 | 0 Comments
On July 12, 20017, Justice Manuel J. Mendez, of the New York County Supreme Court agreed with Beth Israel Medical Center (BIMC) that it could not be held liable to a patient who claimed that she had been sexually assaulted by a radiology technician during the course of a bilateral mammogram. BIMC...
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By Ronald C. Burke, Esq on Jul 21, 2017 | 0 Comments
It was reported today on Local 10 News in Palm Beach County, Florida, that the parents of one of the two 14 year old boys who disappeared at sea in 2015 while fishing, have sued the family of their sons best friend and boating companion. The Cohens are the parents of Perry Cohen who disappea...
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By Ronald C. Burke, Esq on Jul 20, 2017 | 0 Comments
Yesterday, a Westchester County jurys verdict of $950,000 in favor of a patient against her clinical psychologist was upheld by Supreme Court Justice Terry J. Ruderman. The patient claimed that she was at her psychologists office during a therapy session when he suddenly and forcibly raped her....
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By Ronald C. Burke, Esq on Jul 19, 2017 | 0 Comments
On June 30, 2017 an upstate Appellate Court agreed that a lower Supreme Court Justice properly dismissed a car accident victims lawsuit for a wrist injury because he unsuccessfully challenged his insurers denial of "no-fault" benefits.
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By Ronald C. Burke, Esq on Jul 18, 2017 | 0 Comments
On Sunday two sunbathers lying on a blanket at the the beach, were run over by a Long Beach, N.Y. cop going less than 5 mph while he made a 3 point turn. Both sunbathers were taken to the hospital with serious injuries reported.
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By Ronald C. Burke, Esq on Jul 17, 2017 | 0 Comments
On July 13, 2017, an Appellate Court covering the Bronx found that a jury award for a simple fracture of the tibia (shin) bone was too generous and reduced it from $750,000 to $450,000. The Trial Court had wanted to knock the verdict down from $750,000 to $250,000 but the Appellate Court thought ...
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By Ronald C. Burke, Esq on Jul 12, 2017 | 0 Comments
On June 15, 2017 a New York County Supremem Court Judge upheld the right of a car accident victim to proceed to a jury trial. The plaintiff was driving a car that was rear ended by the defendant's vehicle and claimed he suffered serious and permanent injuries to his back, neck and knee. The defen...
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By Ronald C. Burke, Esq on Jul 07, 2017 | 0 Comments
Last month the Appellate Court covering Suffolk County said that a Suffolk County jury had unfairly found that a 33 year old construction worker was 25% to blame for his accident and inadequately compensated him with only $475,000 for past and future pain and suffering.
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By Ronald C. Burke, Esq on Jul 03, 2017 | 0 Comments
On June 14, 2017, an Appellate Court upheld a Suffolk Couty jury verdict which found an elementary school responsible for carelessly assigning an 8th grade student to close a sliding gate without any instructions, supervision or warning. The 8th grade boy was not informed to be careful even thoug...
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By Ronald C. Burke, Esq on Jun 30, 2017 | 0 Comments
It was reported in the New York Jury Verdict Review that a 44 year old laborer working on a rolling scaffold fell 6 feet onto the sidewalk suffering injuries to his ankle, cervical and thoracic spine. The laborer, Ivan Dorador filed suit against Trump Palace Condominium which settled the claim 7 years later for $2.9 million.
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By Ronald C. Burke, Esq on Jun 29, 2017 | 0 Comments
It was reported in today's New York Law Journal that a Brookyn jury awarded $6,600,000 to a former cab driver who was severely injured when he lost control of his vehicle at JFK Airport on a freezing cold morning in November 2008.
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By Ronald C. Burke, Esq on Jun 23, 2017 | 0 Comments
In a recent Appellate Court decision, it was decided that a Nassau County jury was too stingy awarding only $2.2 million to a sun bather lying on the beach in a lounge chair who was run over by a Long Beach Police Officer on patrol. They said the award should have been $3,200,000. The 47 year ol...
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By Ronald C. Burke, Esq on Feb 08, 2017 | 0 Comments
On January 25, 2017, a Manhattan Supreme Court agreed with the New York City Housing Authority (NYCHA) that a landlord (LL) is not responsible to its tenants for even a terribly dangerous condition in an apartment, so long as the LL has not violated a law, regulation or contract.
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By Ronald C. Burke, Esq on Feb 01, 2017 | 0 Comments
On February 1, 2017 an appeals court that covers Brooklyn, Queens and Long Island upheld a jury verdict against New York City for excavating a hole in a street and neglecting to properly restore it. The plaintiff fell into the hole fracturing her pelvis.
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By Ronald C. Burke, Esq on Jan 15, 2017 | 0 Comments
On December 22, 2016 the New York State Court of Appeals upheld a jury verdict against New York City and a speeding motorist who struck a 12 year old boy/bicyclist who was crossing Gerritsen Avenue in the middle of the block. The jury awarded the boy $35.5 million dollars which was ultimately reduced to $20 million dollars.
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By Ronald C. Burke, Esq on Jan 05, 2017 | 0 Comments
Pedestrian's knee and low back injuries were evaluated by a jury that awarded $790,000. The Appellate Court cut the verdict by $290,000.
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By Ronald C. Burke, Esq on Jan 03, 2017 | 0 Comments
The CDC will meet on January 17, 2017 to consider lowering the threshold for lead exposure for children by 30%.
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By Ronald C. Burke, Esq on Jan 01, 2017 | 0 Comments
Brooklyn jury award of $1.9 million dollars for a wrist fracture reduced as excessive to $960,000.
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By Ronald C. Burke, Esq on Nov 22, 2016 | 0 Comments
Seven years after subway rider fractured her hip due to the negligence of the train conductor she finally had her case tried in 2014 and won. Just today - an Appellate Court overturned the verdict and directed a retrial. In 2007 the plaintiff was a 62 year old female who boarded a subway train an...
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