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On November 15, 2016, the New York Times reported that after decades of a decline in highway fatalities, "highway deaths jumped 10.4 percent, to 17,775" comparing the first six months of 2015 to the same period in 2016. Cars and roads are safer; however, there are more technologies that cause dis...
On November 15, 2016 a Suffolk County Supreme Court Justice dismissed a lawsuit filed on behalf of a patient who was injured while being transported in an ambulance when the gurney she was resting on overturned. Both the Village of Lindenhurst Fire Department and a volunteer EMT were found to hav...
On October 3, 2016, the highest Appeals Court in Connecticut ordered a retrial of a former boy scouts claim that he had been sexually molested multiple times at the age of 11 by his patrol leader long ago in the 1970's. (In 2000 this same scout leader had pleaded guilty to unlawful sexual touchin...
NYC pays $5,750,000 for the death of a 39 year old mentally ill inmate deprived of proper medical care.
Last week Suffolk County filed a lawsuit against Purdue Pharma and Jansen Pharmaceuticals, amongst 11 named defendants. The suit claims that the drug companies created a "false perception through a coordinated, sophisticated and highly deceptive marketing campaign" beginning in the late 1990's cl...
On August 26, 2016, a Staten Island Supreme Court Justice, reduced a jury verdict of $9.3 million to $6.7 million awarded to an ironworker struck on the back of the head by a 200 pound piece of concrete at a construction project at the Staten Island ferry terminal complex.
On August 17, 2016 an Appellate Court overruled a Judge in Nassau County Supreme Court who had refused to dismiss a lawsuit against the North Shore Animal League by a consumer who "adopted" one of their dogs who had a history of viciousness.
On August 16, 2016 the New York Law Journal reported a $4.5 million dollar settlement with the family of Akai Gurley, age 28, who was shot in a dark stairwell in a Brooklyn Housing project by a NYC police officer who was patrolling a housing project in East New York with another rookie.
Two brothers of a 61 year old man who was killed while crossing the street in the Williamsburg area of Brooklyn. Tragically this pedestrian was in the crosswalk with the right of way when struck leading to his death later that same day.The decedent had no children and never married.
A Federal Court Judge has awarded $6.2 million dollars to a man who was incarcerated for 6 years on a rape conviction. The conviction was obtained based on an alleged verbal confession to Rochester police which was adamantly denied. DNA testing once again exonerates an innocent person and provides the basis for an award for loss of liberty-pain and suffering.
A Federal Court Judge disagreed with a jury award of $400,00 for a fractured shoulder to a 56 year old car accident victim and increased it to $530,000.
Millions of children who are required by law to have blood tests to check for lead exposure are not getting the screening they need and deserve.
Your car probably has a "black box" or "Event Data Recorder" which records extremely useful information about what your car was doing just before and during an accident, including your speed, whether you applied the brakes an/or were wearing a seat belt.
OSHA's new workplace safety rule will provide greater transparency of unsafe working conditions which should cause corrective measures to be undertaken. Hopefully, this new rule will improve worker safety and facilitate investigations into unsafe working conditions for those who have been injured.
Nassau County subcontracted out health care for its prison inmates to a private corporation, Armor. Of the 12 inmates who have died at the Nassau County jail since Armor started providing medical services, five of those inmates were later found by the NYS Commission on Correction to have received inadequate medical care.
The failure of an owner or contractor to provide a ladder that is secured so as to prevent a worker from falling will result in absolute 100% responsibility imposed on the owner/contractor for any injuries caused by that failure.
Appellate Court overrules Trial Court which refused plaintiff's request to instruct a jury that a building superintendent who was charged with carelessly hosing down a sidewalk in freezing temperatures was an "interested witness" even though he was no longer employed by the defendant. Formerly employed persons who are alleged to have been actively involved in causing an accident should be considered an interested witness, just as any party plaintiff or defendant is considered to be an interested witness.
According to a recently reported traffic study of accidents involving pedestrians distracted while using their cell phones, 559 of them suffered injuries requiring emergency room treatment in 2004. However, in 2010 the number of distracted pedestrian cell phone users injured in accidents requiring hospital treatment almost tripled to over 1500.
A pedestrian's recklessness in ducking under a lowered pedestrian safety gate and walking across train tracks amidst ringing bells, flashing lights and an announcement: "Warning, second train coming." while intoxicated justifies the dismissal of a lawsuit even before a jury trial is held.
An Appellate Court ruled that a Bronx Jury had sufficient evidence to find the NYC Transit Authority responsible for running down a 51 year old pedestrian at a bus stop despite the absence of any eyewitnesses. The pedestrian's family was awarded approximately $1,000,000 including an award of $300,000 for conscious pain and suffering of two to five seconds before the pedestrian died.
In April 2016 an Appellate Court covering Manhattan ruled that a pedestrian crossing Third Avenue with the light in his favor was not required to continually turn around and look behind him for traffic that may strike him from behind.
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