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 28, 2017 | 0 Comments
On June 20, 2017, the Appellate Division, First Department upheld the denial of a motion to dismiss a legal malpractice claim. The plaintiff had retained the defendant law firm to file a Notice of Claim against the City of New York for injuries he suffered in a fall from his motorcycle because he...
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By Ronald C. Burke, Esq on Jun 27, 2017 | 0 Comments
On June 9, 2017 the Appellate Division, Fourth Department upheld a lower Court's decision to allow the plaintiff a jury trial to decide whether a surgeon can be held liable for punitive damages. Medical malpractice cases rarely result in punitive damages and such damage claims are typically dismi...
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By Ronald C. Burke, Esq on Jun 26, 2017 | 0 Comments
A 69 year old janitor was descending the stairway at the Rockefeller Center subway station when he tripped or slipped from the third step all the way to the bottom. Based on a videotape of the stairway, the jury agreed that the third step was dangerous due to a defective pitch or slope.
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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 Jun 22, 2017 | 0 Comments
Last week the Appellate Court covering Suffolk County denied a plastic surgeons appeal of an award of $600,000 for pain and suffering to a 41 year old woman who who underwent a total abdominal lift surgery, three pubic surgeries and a breast implant surgery all performed by Dr. Edward Bieniewicz....
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By Ronald C. Burke, Esq on Jun 21, 2017 | 0 Comments
Last week an Appellate Court reduced a Manhattan jury verdict of $2.7 million awarded to a 71 year old female who was knocked to the ground by a passerby who slipped on "slime oozing from a trash can on a subway platform".
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By Ronald C. Burke, Esq on Feb 24, 2017 | 0 Comments
Attorney settles case, clears a fee, leaving the client with nothing. Legal malpractice action allowed to proceed forward.
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By Ronald C. Burke, Esq on Feb 23, 2017 | 0 Comments
Patient allegedly neglected after gallbladder surgery resulting in his being left in a permanent vegetative state may have his claims heard by a jury.
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By Ronald C. Burke, Esq on Feb 22, 2017 | 0 Comments
On February 7, 2017, an intermediate appellate court denied a lawyer's motion to dismiss a legal malpractice suit which claimed that the lawyer failed to timely file a motion to reopen a deportation order, for over one year, which caused the claimant to be deported-denied reentry to the U.S. and lose her job.
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By Ronald C. Burke, Esq on Feb 21, 2017 | 0 Comments
In an extraordinary, unheard of fate, a grossly negligent Texas neurosurgeon who caused terrible injuries to multiple patients, was successfully prosecuted and a jury found him guilty of a first degree felony. According to an AP report yesterday,
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By Ronald C. Burke, Esq on Feb 10, 2017 | 0 Comments
On February 2, 2017, a Brooklyn jury found that an obstetrician, Dr. Rubin Frenkel failed to diagnose and prevent pre-term labor in a woman who was 25 weeks pregnant. Her baby's birth weight was 1.5 pounds. At the time of trial the child was 9 years old. The mother claimed that the low birth weight and prematurity was a cause of her child's autism.
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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 07, 2017 | 0 Comments
On February 3, 2017 a federal Court Judge in Manhattan became the first Judge in New York to dismiss an assigned legal malpractice claim on the ground of "judicial estoppel".
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By Ronald C. Burke, Esq on Feb 02, 2017 | 0 Comments
Hormone suppression therapy shown to prolong life should prostate cancer recur post surgery.
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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 31, 2017 | 0 Comments
The New Jersey Law Journal reported on January 30, 2017 that a Passaic County jury had awarded $850,000 to Aref Abuhadba in a legal malpractice case. The plaintiff Abuhadba hired an attorney to sue for defective construction work on his property. The lawsuit was filed but never made it to trial. ...
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By Ronald C. Burke, Esq on Jan 26, 2017 | 0 Comments
A recent study in Britain reported in a prestigious medical journal, The Lancet found that limiting the use of antibiotics may be even more effective in reducing the incidence of certain bacterial infections than meticulous cleaning of hands.
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By Ronald C. Burke, Esq on Jan 23, 2017 | 0 Comments
The New York Times reported today of the finding of a new study just published in the Journal Cancer. A racial and economic disparity had been noted in earlier studies of deaths from cervical cancer.
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By Ronald C. Burke, Esq on Jan 20, 2017 | 0 Comments
Federal Appeals Court upholds $36M Verdict against Nassau County for the malicious prosecution and wrongful conviction of two men who were imprisoned for 18 years for a rape and murder they did not commit.
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By Ronald C. Burke, Esq on Jan 19, 2017 | 0 Comments
On December 23, 2016, an upstate intermediate Appellate Court held that just because a patient leaves the hospital against the advice of the ER physician doesn't mean the hospital is immune from suit. The plaintiff sought compensation for the partial amputation of two frostbitten fingers which ha...
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By Ronald C. Burke, Esq on Jan 18, 2017 | 0 Comments
ABC News reported yesterday how drug resistant "Superbugs" are an urgent threat to public safety because no known antibiotic can effectively treat them. The U.S. Centers for Disease Control & Prevention (CDC) reported on the death of a 70 year old woman a few months ago, who died in a hospital from an untreatable drug resistant infection.
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By Ronald C. Burke, Esq on Jan 16, 2017 | 0 Comments
Miami plastic surgeon punctures the internal organs of two patients on the same day during Brazilian Butt Lift procedures.
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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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