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On August 14, 2018, Justice Eileen Rakower of the New York County Supreme Court, granted an unopposed motion filed 14 plaintiff's who are suing Beth Israel Medical Center and neurologist, Richard Cruciani, M.D. for emotional injuries due to claims of medical malpractice, sexual assault and battery.
On August 15, 2018, the appellate Court covering Queens County allowed a client's claim against it's former attorney to proceed on a theory that the attorney knew the client had no case and persuaded it to pay attorney's fees in a futile effort. The claim upheld was brought under the Judiciary Law Section 487...
On August 1, 2018, the appellate court covering Queens County ruled that a general release signed in 2014 to settle a malpractice suit arising out of an incident in 2009, does not effectuate a release to the same hospital for a second incident of malpractice occurring in 2013. In October 2009 the...
On August 15, 2018, the appellate court covering Suffolk County upheld the Order of Justice Tarantino which lopped off $2,200,000 from a jury verdict. The Suffolk County jury awarded a then 46 year old construction worker $4,200,000 for injuries suffered when he fell two feet from a scaffold....
On August 1, 2018, Justice O.Peter Sherwood of the New York County Supreme Court ruled that legal experts were unnecessary and would not be allowed from either side.to determine whether a law firm committed legal malpractice. The client claims that the attorney was negligent for failing to memori...
On August 6, 2018 a Nassau County jury awarded $800,000 to the victim of a head on collision in a two car accident. The defendant's responsibility was determined by a pre-trial motion that found him negligent for crossing over to the oncoming lane and striking the plaintiff's vehicle.
On July 30,2018, a California appellate court upheld the dismissal of a medical malpractice wrongful death case brought on behalf of her children by the decedent's mother. The case concerns the premature discharge from Community Memeorial Hospital, of an adult woman who was admitted for a head in...
On July 26, 2018, the appellate court for Bronx Supreme Court actions agreed that the dismissal of a claim for a violation of Judiciary Law 487 was proper. This section of the law allows client's to recover treble damages against attorney's (in limited circumstances) who engage in intentional dec...
On July 6, 2018, the United States (US) and Orange Regional Medical center (ORMC) paid $1,075,000 to settle the claim of a woman who went into septic shock and contracted streptococcus pyogenes (Strep A) two days after she underwent a tubal ligation procedure at a federally funded medical clinic. ...
On July 18, 2018, the appellate court for Queens County agreed that a client who signed a settlement agreement resolving his divorce action couldn't sue his attorney by claiming: 1) he was too heavily medicated to understand what he signed; and, 2) the attorney didn't properly investigate the exi...
Jury award for foot fractures and multiple surgeries increased by Manhattan Trial Judge from $252,000 to $802,000
Legal malpractice complaint dismissed for lack of detail explaining why the outcome of a case would have been favorable if handled properly by the law firm.
On July 11, 2018, the appellate court covering Long Island, denied an osteopathic doctor's pre-trial motion to dismiss a patient's malpractice claim and avoid a jury trial. The patient was 15 years old when she sought help from the doctor who claimed to be specialized in "Osteopathic Manipulative Medic...
On July 10, 2018, the Appellate Division, First Department suspended an attorney from the practice of law, without a hearing, based on the findings of a federal court Judge from the Southern District a few months ago. Judge Kaplan conducted a 7 week trial with testimony from over 60 witnesses (bo...
On June 26, 2018, a Manhattan Judge ruled as a matter of law that a driver of a parked car "who opened her door on the moving side of traffic and struck plaintiff" is liable for violating NYS Vehicle and Traffic Law Section 1214. Those facts raise a rebuttable presumption of negligence. As per st...
On July 6, 2018 an appellate court covering part of upstate New York held that an employer cannot be held liable for failing to notify an employee of the (life threatening) results of a chest x-ray taken periodically in connection with his employment. The decedent was a Class 1 gas fitter who was...
On July 2, 2018 an appellate court covering Queens County upheld the dismissal of a legal malpractice claim that was filed 8 weeks after the 3 year statute of limitations expired. The client had retained an attorney in connection with a loan from a funding company that was secured with a mortgage...
On May 23, 2018, a 47 year old ice cream truck operator won a $1 million jury verdict against an orthopedist and the New York Health & Hospitals Corporation for malpractice which occurred at Elmhurst Hospital Center in Queens four years earlier.
On June 28, 2018, a Trial Judge in Erie County refused to set aside a jury verdict awarding a trip and fall victim $350,000 for past pain and suffering but nothing for the future even though she sustained a permanent painful injury. The plaintiff fractured her arm and the ball of her hip requirin...
On June 26, 2018, Justice Barbara Jaffe of the New York County, Supreme Court refused to dismiss the claim of a then 60 year old female patient who sued her male cardiologist for performing a rectal exam despite her protestation.
This case concerns a New York City (NYC) teacher who suffered spinal injuries in a trip and fall at a public school. Two different law firms successively represented him until his case was dismissed for failing to file a Notice of Claim within 90 days of the accident, against the correct munici...
On May 25, 2018, a Kings County jury awarded $15,228,000 to a concrete laborer who was injured on a construction site in December, 2014. The plaintiff, then age 50, was erecting exterior walls for a new building. An unsecured plank fell from a scaffold and struck the plaintiff which knocked him ...
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 ...
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...
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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