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Last month Nassau County Supreme Court Justice, Jeffrey S. Brown upheld a $1,000,000 jury verdict for a young lady who while visiting an internist was sexually abused by a physician employed by Caring Medical, LLC. The young lady who suffered from intellectual disabil...
On December 12, 2018 an appellate court threw out a decision by a Queens County Judge who granted a pre-trial motion by a real estate firm to hold their attorney liable for legal malpractice as a matter of law.The client owned property in the Bronx and argued that it retained the attorney to file...
Declaring that Johnson & Johnson's "reprehensible conduct" warranted punitive damages, a St. Louis trial Judge yesterday refused to reduce or set aside a jury verdict of $4.7 billion awarded to 22 women who developed ovarian cancer due to talcum baby powder. The Judge stated that J & J "knew of t...
Though a Nassau County jury had exonerated an anesthesiologist sued for malpractice and the wrongful death of his patient, yesterday an Appellate Court, threw out the defense verdict and gave the patient's family a new trial. The reason the family was entitled to a new trial was because of an err...
A Rockland County radiologist interpreted chest CT scans in August 2012 and April 2014 that were performed as part of a cancer surveillance protocol for a patient who had been successfully treated for ovarian cancer. Between 2010 and 2011 the patient underwent chemotherapy delivered through a Med-...
A former New York Times columnist received a jury verdict of $85,000,000 on December 4, 2018 following a trial in Manhattan Supreme Court. The plaintiff was a pedestrian who testfied that while crossing the street in the West Village in July 2015 and while in the crosswalk, he was struck by a dou...
On November 29, 2018, an attorney, Daniel John McCarthy, licensed in New York since 1999, (whose registration address was an office in Manhattan), was suspended for three years due to misconduct during his defense of a pediatrician in a medical malpractice case in the state of Delaware.The physic...
On November 21, 2018 an appellate court reversed a trial court that had dismissed a legal malpractice claim before any discovery proceedings had been conducted. Basically, the plaintiff had been injured in a car accident and retained the defendant law firm to prosecute a personal injury action.
On November 28, 2018, an intermediate appellate court covering Orange County, New York, held that a trial judge has the discretion to exclude a severely disabled 14 year old female burn victim from the courtroom during summations in a personal injury action against a nurse and health care facilit...
On November 16, 2018, a damages only trial resulted in a Brooklyn jury verdict of $11,030,000 to a 41 year old bicyclist deliveryman who was hit from behind by a car. A pre-trial motion resulted in a finding that the operator of the vehicle was 100% at fault, as a matter of law. The only issue tr...
Last week the Appellate Division Second Department upheld a lower court Nassau County judge who dismissed a claim of fraudulent concealment of sexual misconduct against a psychiatrist. In 1982, at the age of 24, the plaintiff became a patient of the defendant psychiatrist. In 1993, the psychiatri...
On November 13, 2018, an appellate court covering Bronx County, upheld Justice Julia Rodriguez' decision to slash $1,141,000 from a jury verdict awarded to a passenger injured in a car accident. The plaintiff was 29 years old and underwent an arthroscopic procedure to repair labral tears in her l...
On November 7, 2018, Supreme Court Justice Gerald Lebovits in Manhattan held that Starbuck's was liable, as a matter of law, for all damages suffered by a pedestrian who slipped and fell on an icy sidewalk in front of their store. It was undisputed that Starbuck's store manager observed vomit on ...
On November 14, 2018 The Appellate Division, Second Department reversed Supreme Court Justice Paul Marx, who dismissed a legal malpractice on the ground that it had not been filed within the three year statute of limitations. The Appellate Court found that there was an issue of fact on whether th...
On September 25, 2018, a jury in Queens County held a rehabilitation facility responsible for the severe injuries suffered by a patient while undergoing physical therapy. The plaintiff/patient was an adult female who was told to stand and walk while holding onto parallel bars - unassisted. The pa...
Last month, a Queens County jury awarded $930,000 to a back seat passenger in a taxi cab when another vehicle made a left turn simultaneously with the taxi at the same intersection causing a collision. The plaintiff sued the taxi and the other vehicle which was found to be 100% at fault. The plai...
On November 5, 2018, a 57 year old female who suffered a knee injury requiring five surgeries as a result of a slip and fall on an icy sidewalk settled her case in the middle of a jury trial in Brooklyn.for $900,000. The plaintiff was walking on the sidewalk late at night in Queens when she slipp...
In a recent decision an appellate court covering Manhattan upheld a client's right to a jury trial on the claim that he received negligent advice from his attorney that he could leave the U.S.and would not be deported when he returned, as a result of pleading guilty to multiple federal election l...
On October 25, 2018, an appellate court held that an orthopedic surgeon, hit with an $8,600,000 jury verdict, could proceed to a jury trial to determine whether his malpractice insurer acted in bad faith in refusing to settle. The 36 year old male patient who sued the orthopedist had complication...
On September 25, 2018, a unanimous Suffolk County jury rendered a verdict of $8,000,000 against a bariatric surgeon and a family doctor. The plaintiff was an adult male with morbid obesity that was treated with a laparoscopic sleeve gastrectomy to reduce the size of his stomach. There were signif...
On September 20, 2018 a jury awarded $9,100,000 to a severely brain damaged bicyclist and found that the City of Los Angeles and State of California were responsible for failing to maintain a highway where the accident occurred. Since 1958 debris from a landslide has encroached onto PCH in Pacif...
On September 6, 2018, an appellate court covering Albany, New York declared that Sara O'Connor, Esq, age 39, was automatically disbarred from the practice of law—retroactive, to the date she pled guilty to a Class E felony. In March, 2017, Ms. O'Connor drove her 6 year old son to a McDonald's fas...
On August 29, 2018, the appellate court covering Nassau County reversed Justice John Galasso who had dismissed the malpractice claim of a college student against North Shore University Hospital, an emergency medicine physician and an orthopedist. The student was participating in try-outs for the ...
Legal malpractice lawsuit for failure to file a workers compensation claim that had no merit results in dismissal of lawsuit.
In an Order dated August 13, 2018, a New York County Supreme Court Justice granted the pre-trial motion of a building owner to dismiss the case of a severely injured pasta chef who fell down a flight of stairs to the basement of the Pazzia restaurant in Manhattan. The Court recognized that the f...
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